justicedao/ipfs_state_laws huggingface dataset:
845-006-0425 Hours of Sale (1) Except as provided by sections (2) through (4) of this rule, and OAR 845-015-0140, alcoholic liquor may be sold, dispensed, served, consumed on, or removed from licensed premises only between the hours of 7:00 a.m. and 2:30 a.m. (2) Except as provided by sections (4) and (5) of this rule, alcoholic liquor may be sold and removed from a premises with an off-premises sales license issued under ORS 471.186 only between the hours of 6:00 a.m. and 2:30 a.m. (3) Except as provided by sections (4) and (5) of this rule, alcoholic liquor may be sold, dispensed, served, consumed on, or removed from a licensed premises located within any Oregon public use airport designated as a Category I – Commercial Service Airport by the Oregon Department of Aviation only between the hours of 4:00 a.m. and 2:30 a.m. However, from 4:00 a.m. to 7:00 a.m. alcoholic liquor may be sold, dispensed, or served only to a ticketed airline passenger with a valid same-day boarding pass. (4) Licensees whose license privileges permit the sale and distribution of malt beverages, cider, and wines for resale may make deliveries of that alcohol to licensees at any time. (5) Licensees may advertise, solicit and receive orders, and accept payment for alcoholic beverages at any time provided the customer receipt of the alcoholic beverage occurs only during the times allowed by this rule. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.030 History: OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 21-2020, amend filed 10/12/2020, effective 10/14/2020 OLCC 8-2020, temporary amend filed 04/17/2020, effective 04/17/2020 through 10/13/2020 OLCC 3-2011, f. 4-25-11, cert. ef. 5-1-11 OLCC 7-2009, f. 6-22-09, cert. ef. 7-1-09 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01, Renumbered from 845-006-0030 OLCC 14-1987, f. 4-6-87, ef. 5-1-87 LCC 4-1986, f. 3-3-86, cert. ef. 4-1-86 LCC 7-1981, f. 11-2-81, cert. ef. 1-1-82 LCC 5-1979, f. 4-2-79, cert. ef. 4-5-79, Renumbered from 845-010-0005 LCC 3-1979, f. 1-26-79, cert. ef. 2-1-79 LCC 50-1975, f. 12-18-74, cert. ef. 1-15-75 LCC 30-1966, f. & cert. ef. 1-20-66 LCC 29-1964, f. & cert. ef. 5-21-64 LCC 27-1960, f. & cert. ef. 9-15-60 LCC 26-1960, f. & cert. ef. 5-12-60
845-006-0426 Public Interest and Convenience Reasons for Cancellation or Suspension (1) ORS 471.315(1)(d) allows the Commission to cancel or suspend a license for public convenience or necessity reasons. Under this authority, the Commission requires a licensee to have someone who can communicate effectively with customers and Commission regulatory employees. This person must be on the licensed premises during the licensees business hours. “Communicate effectively” means: (a) Knowing how to lawfully sell and serve alcoholic beverages and communicating this to customers; (b) Understanding Commission regulatory employees when the employees explain lawful sale and service of alcoholic beverages and responding in a way the employee understands. (2) Failure of a licensee to comply with section (1) of this rule is a Category III violation. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.315(1)(d) History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0428 Exemptions for Certain Tour Boats For boats that will be in Oregon waters 30 days or less in a calendar year: (1) The Commission waives the service permit and the temporary service permit requirements for alcohol servers and for those who supervise the sale or service of alcohol. However, the applicant, licensee or service permit designee must affirm in writing that all alcohol servers and those who supervise the sale or service of alcohol have read the OLCC brochure, "What Every Alcohol Server Needs to Know." (This brochure is available from the Commission); (2) The Commission generally does not assign minor postings; however, minor patrons are not permitted in areas with drinking environments during the hours that drinking predominates. Drinking environment is defined in OAR 845-006-0340. Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.182 History: OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0433 Minibars in Hotel Guest Rooms ORS 471.180 allows a Limited On-Premises Sales or Full On-Premises Sales licensee who operates a hotel to make alcoholic beverages, stored in locked cabinets (minibars) in individual guest rooms, available to guests. Licensees may provide these alcoholic beverages under the conditions identified in this rule. (1) Only a service permittee, a temporary service permittee or trained employee may give guests the key to minibars. A trained employee is one who has participated in a training program that meets, at least, the requirements in the Commission’s Alcohol Server Education Model Curriculum on identifying minors and recognizing the signs of visible intoxication. (2) The licensee must not give a minibar key to minors or visibly intoxicated persons. The licensee may not give a minibar key to a guest if the licensee has reason to believe the guest is accompanied by a minor and is not the minor’s parent or caretaker. (3) Restocking: (a) Any employee who is at least 18 years old may restock a minibar when restocking is not in response to a guest request for immediate restocking; (b) Only a service permittee or a temporary service permittee may restock a minibar in response to guest request for immediate restocking (restocking is the same as selling/serving in this instance); (c) In response to a guest request for restocking, employees will not restock a minibar: (A) If there are visibly intoxicated persons or minors unaccompanied by their parents in the room; (B) After 2 a.m.; (C) With amounts of alcohol that the people in the room cannot reasonably consume by 2:30 a.m. (4) Limitations: (a) On container size: The individual containers in a minibar may be no larger than 50 milliliters for distilled spirits, 12 ounces for malt beverages and 375 milliliters for wine or cider; (b) On number of containers: The total number of alcoholic beverage containers in a minibar may not exceed 30. (5) Each minibar will have a clearly visible sign on the outside or inside of the minibar. The sign will explain the following liquor laws: minors and visibly intoxicated persons may not drink alcohol from the minibar; guests/visitors may not drink alcohol from the minibar between 2:30 a.m. and 7 a.m.; and guests/visitors may not take alcohol from a minibar off the premises. (6) Food: At a minimum, the licensee must have a variety of snacks available during the hours that a guest may lawfully access the minibar. (7) The Commission will hold a licensee responsible for liquor law violations that occur in guest rooms only if the licensee or employee permitted the violation. Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.180 History: OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 12-2003, f. 9-23-03, cert. ef. 11-1-03 OLCC 7-2003(Temp), f. & cert. ef. 5-20-03 thru 11-16-03 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0435 Maintaining Records: Retail Licensees Each retail licensee must keep an invoice of all alcoholic beverage deliveries to the licensed premises, together with the purchase particulars thereof, and any discount, rebate or allowance given by any manufacturer, importer or wholesaler of alcoholic beverages. Licensees will keep these records for a period of two years. Licensee will have these records available for inspection by the Commission at all times during business hours. Statutory/Other Authority: ORS 471, 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.351 & 471.760 History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01, Renumbered from 845-006-0071 OLCC 11-1998, f. 12-10-98, cert. ef. 5-1-99 OLCC 18-1990, f. 8-1-90, cert. ef. 9-1-90, Renumbered from 845-008-0005, 845-008-0010 LCC 4-1984, f. 8-2-84, cert. ef. 9-1-84 LCC 69, f. & cert. ef. 12-20-77, Renumbered from 845-010-0195 LCC 65, f. 9-22-77, cert. ef. 10-4-77, Renumbered from 845-010-0165 LCC 43-1973, f. 11-20-73, cert. ef. 12-11-73 LCC 65-1971, f. 8-30-71, cert. ef. 9-1-71 LCC 29-1964, f. & cert. ef. 5-21-64 LCC 28-1960, f. & cert. ef. 12-19-60 LCC 27-1960, f. & cert. ef. 9-15-60 LCC 26-1960, f. & cert. ef. 5-12-60
845-006-0440 Deposits on Draft Malt Beverage and Wine Containers (1) A brewery, importer, manufacturer, or wholesaler of malt beverages or wine may charge a deposit for the return of draft malt beverage and wine containers (kegs, barrels, half barrels, and quarter barrels). They must include the amount of the deposit, if any, in their price posting (OAR 845-010-0210). (2) If the brewery, importer, or manufacturer charges a deposit, the wholesaler must then charge the retail licensee the amount of this deposit. (3) The retail licensee must pay the deposit, if any, at the time he/she purchases the draft malt beverage or wine in cash or by valid check, money order, or voucher payable to the wholesaler. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.398 History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01, Renumbered from 845-006-0080 LCC 11-1986, f. 6-4-86, cert. ef. 7-1-86 LCC 51, f. 3-20-75, cert. ef. 5-1-75, Renumbered from 845-010-0156
845-006-0445 Nonbeverage Food Products Containing Alcoholic Beverages (1) ORS 471.038 authorizes any licensee whose license allows the sale of alcoholic liquor at retail and any retail liquor agent to sell nonbeverage food products containing alcohol, such as fruits preserved in brandy or candies filled with alcoholic liquor. This rule regulates the sale and delivery of those nonbeverage food products, and clarifies which licensees may sell nonbeverage food products containing alcohol. (2) For this rule, licensee means any licensee authorized to sell alcoholic liquor at retail for consumption either on or off the licensed premises. (3) ORS 471.038 requires licensees and retail liquor agents to clearly label: (a) The product to show the alcohol content; and (b) The front of the package to say that it may not be sold to persons under 21 years. (4) Licensees may deliver nonbeverage food products containing alcoholic beverages to Oregon residents only under the following conditions: (a) The product must be clearly labeled to show the alcohol content and clearly labeled on the front of the package to say the product may not be sold to minors or visibly intoxicated persons; (b) Licensees must not deliver nonbeverage food products containing alcohol to minors or visibly intoxicated persons; (c) If the licensee delivers through a common carrier, the licensee may use only a common carrier who has a Commission-approved delivery plan. The Commission requires plan approval to assure appropriate alcoholic beverage delivery. (5) This rule applies only to nonbeverage food products that contain not more than five percent alcohol by weight or 10 percent alcohol by volume, whichever is greater. (6) Nonbeverage food products containing alcoholic beverages may not be sent from outside the State of Oregon to residents in the state. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1), (5) & (6) Statutes/Other Implemented: ORS 471.038 & 471.305 History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0459 Definitions as used in OAR 845-006-0459 through 845-006-0469 (1) “Meal” means a food item, or combination of food items, prepared or cooked on the licensed premises that the Commission determines is a main course and is a serving of food sufficient to satisfy the appetite of one individual. Food items that are appetizers, snacks, and desserts do not qualify as a meal. Examples include, but are not limited to, popcorn, peanuts, chips, a serving of food that is not sufficient to satisfy the appetite of one individual, and food items offered by the licensee as other than a meal. (2) “Different meals” means meals that the Commission determines differ in their primary ingredients or method of preparation. For example, a turkey sandwich differs from a salami sandwich, a beef burger differs from a turkey burger, a pepperoni pizza differs from a cheese pizza, and fried chicken differs from baked chicken. Different sizes of the same item are not considered different under this rule. For example, a large cheese pizza is not different from a small cheese pizza and a large hot dog is not different from a small hot dog. (3) “Dining seats” means seating at tables or food counters as defined in OAR 845-006-0340 located in areas of the licensed premises regularly open to the public where the Commission determines that each table top or seating area provides a minimum space that will accommodate a place setting consisting of a plate or dish, glassware, napkin and utensils for each seat. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.175 History: OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 12-2008, f. 10-13-08, cert. ef. 11-1-08
845-006-0460 Food Service requirements for Commercial Establishments with a Full On-Premises Sales License (1) Purpose: ORS 471.175 and 471.001(2) allow a commercial establishment to sell distilled liquor by the drink and also require food service. This rule sets the food service requirements for a commercial establishment, including a for-profit private club. (2) Food Service. (a) Licensee must make at least five different meals available at all times and in all areas where alcoholic beverage service is available. (b) Notwithstanding this requirement, a licensee may make fewer than five different meals available if the Commission determines that the clearly dominant emphasis in the areas with alcoholic beverage service is food service. One method for showing that the clearly dominant emphasis in the area is food service is for the Commission to determine that the gross receipts from the sale of meals to patrons for consumption in the area exceed or are reasonably expected to exceed the gross receipts from alcoholic beverage sales when alcoholic beverage service is available. (3) Dining Seats: The licensed premises must have at least 30 dining seats during a time period which must last at least two hours prior to 10:00 p.m. Seats at counters in entertainment areas and at bars as defined in OAR 845-006-0340 do not qualify as dining seating. A premises may have less than 30 dining seats during this time period if the Commission determines that the clearly dominant emphasis of the premises is food service as described in this rule at all times and in all areas where alcohol service is available when open to the public. (4) Violation of any section of this rule is a Category III violation. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.175 History: OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 13-2010, f. 10-18-10, cert. ef. 11-1-10 OLCC 12-2008, f. 10-13-08, cert. ef. 11-1-08 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0461 Food Service Requirements for Nonprofit Private Clubs with a Full On-Premises Sales License (1) Purpose: ORS 471.175 allows nonprofit private clubs with food service to sell distilled spirits by the drink. ORS 471.175 (9) requires a nonprofit private club to meet minimum food service requirements established by Commission rule. This rule sets the food service requirements for nonprofit private clubs as described in ORS 471.175(2)(a). (2) A nonprofit private club must comply with the food service requirements of OAR 845-006-0460(2) & (3) during all times and in all areas it is serving alcohol to the general public. (3) Food Requirements When Serving Alcohol in Areas where only Full and Auxiliary Members, and their Guests, are Present. At all times and in all areas where only full and auxiliary members, and their guests, are present and alcohol service is available, the club must make available at least three different meals. (4) Violation of any section of this rule is a Category III violation. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.175 History: OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 13-2010, f. 10-18-10, cert. ef. 11-1-10 OLCC 12-2008, f. 10-13-08, cert. ef. 11-1-08 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0462 Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License (1) Purpose: ORS 471.184 allows Full and Limited On-Premises Sales licensees to have off-premises events under the license privilege. This rule sets the food service requirements for off-premises events with a Full or Limited On-Premises Sales license. (2) If the off-premises event would qualify for general pre-approval under OAR 845-005-0405, the licensee must provide at all times and in all areas where alcohol service is available at least two different meals, some of which the licensee prepares and cooks in sufficient quantity to provide at least one serving for each person at the event. A contractor may not provide this food service. A licensee may provide one meal in the area where alcohol service is available if the Commission determines that the clearly dominant emphasis in this area is food service as described in 845-006-0460. (3) If the off-premises event is not of a type that would qualify for general pre-approval granted by the Commission but has been approved under the standards of OAR 845-005-0410 and: (a) Distilled spirits are provided at the event, the licensee or a contract food service provider must provide at least three different meals on the off-premises event’s licensed premises at all times and in all areas where alcohol service is available; or (b) Distilled spirits are not provided at the event, the licensee or a contract food service provider must provide at least two different meals on the off-premises event’s licensed premises at all times and in all areas where alcohol service is available. (4) If the licensee does not directly provide the food service required under subsection (3) this rule, the food service must be provided by a contractor or contractors. The contract may be with the licensee or with the organizer of the event. The licensee may sell or serve alcohol only when food service that meets the requirements of this rule is provided to patrons at all times and in all areas where alcohol service is available. The Commission may waive the OAR 845-005-0311 requirement that a contract food service provider be a co-licensee at the event if the contract food provider does not provide any alcohol service and does not directly or indirectly manage people who sell or serve alcohol. A licensee may have fewer than the different meals required under this rule in the area where alcohol service is available if the Commission determines that the clearly dominant emphasis in this area is food service as described in 845-006-0460. (5) Violation of any section of this rule is a Category III violation. Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.175 & 471.184 History: OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 12-2008, f. 10-13-08, cert. ef. 11-1-08 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0463 Food Service Requirements for Public Passenger Carriers with a Full On-Premises Sales License (1) Purpose: ORS 471.175 allows the Commission to grant a Full On-Premises Sales license to certain types of public passenger carriers with food service. This rule sets the food service requirements for public passenger carriers with a Full On-Premises Sales license. (2) The Commission may issue a Full On-Premises Sales license to an airline for use in operating its aircraft that are licensed to carry at least 40 passengers, and that arrive or depart from an airport in this state. At any time alcoholic beverage service is available, the licensee must make available to passengers a variety of food items. (3) The Commission may issue a Full On-Premises Sales license to a railroad corporation for use in operating its passenger trains in this state. The licensee must make available to passengers a selection of at least five different types of food items such as sandwiches, pizza, bentos, dinner salads and appetizers at any time alcoholic beverage service is available. (4) The Commission may issue a Full On-Premises Sales license to the owner or operator of one or more tour boats for use in operating its tour boats that are used primarily for non-fishing purposes, that are licensed to carry at least 40 passengers and that operate upon waters within the state. The licensee must make available a selection of at least five different types of food items such as sandwiches, pizza, bentos, dinner salads and appetizers at any time alcoholic beverage service is available. (5) The Commission may waive the OAR 845-005-0311(3) requirement that a carrier licensee’s food service contractor or caterer be a co-licensee, if the contractor or caterer does not provide on-board services, and does not provide alcohol service on the airplane, train or boat. (6) Violation of any section of this rule is a Category III violation. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.175 & 471.182 History: OLCC 12-2008, f. 10-13-08, cert. ef. 11-1-08 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0464 Food Service Requirements for Other Public Locations with a Full On-Premises Sales License (1) ORS 471.175 allows the Commission to grant a Full On-Premises Sales license to public locations that are other than commercial establishments, private clubs, or public passenger carriers. This rule sets the food service requirements for other public locations. (2) Other Public Locations are businesses open to the public where meals are offered, but where the predominant activity of the business is other than the preparation or serving of meals or the consumption of alcohol. Examples of such businesses are an auditorium; a music, dance, or performing arts facility; a banquet or special events facility; a lodging facility; a fairground; a sports stadium; an art gallery; or a convention, exhibition, or community center. (3) Food Service: At all times and in all areas where alcohol service is available, the licensee must make available to patrons at least five different meals. (4) Notwithstanding the requirement in subsection (3), a licensee may make fewer than five different meals available if the Commission determines that the clearly dominant emphasis in the areas with alcohol service is food service. One method for showing that the clearly dominant emphasis in the area is food service is for the Commission to determine that the gross receipts from the sale of meals to patrons for consumption in the area exceed or are reasonably expected to exceed the gross receipts from alcohol sales when alcohol service is available. (5) Violation of any section of this rule is a Category III violation. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.175 History: OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 12-2008, f. 10-13-08, cert. ef. 11-1-08 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01