justicedao/ipfs_state_laws huggingface dataset:
845-006-0465 Food Service Requirements for a Special Events Brewery license issued under 845-005-0412, Special Events Brewery-Public House license issued under 845-005-0414, Special Events Distillery license issued under 845-005-0413, Special Event Grower license issued under 845-005-0415, Special Event Winery license issued under 845-005-0415, and a Temporary Sales License issued under 845-005-0440. (1) This rule sets the food service requirements for a Special Events Brewery license issued under 845-005-0412, Special Events Brewery-Public House license issued under 845-005-0414, Special Events Distillery license issued under 845-005-0413, Special Event Grower license issued under 845-005-0415, Special Event Winery license issued under 845-005-0415, and a Temporary Sales License issued under 845-005-0440. (2) If distilled spirits are served by the drink at the event, the licensee or the licensee’s contract food service provider must provide at all times and in all areas where alcohol service is available at least three different meals. (3) If distilled spirits are not served by the drink at the event, the licensee or a contract food service provider must provide at all times and in all areas where alcohol service is available at least two different meals. (4) If the licensee does not directly provide the food service required under 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 471.190 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
845-006-0466 General Food Service Requirements for Full On-Premises Sales Licenses (1) Food preparation facilities: Except for public passenger carriers licensed under ORS 471.182, a Full On-Premises Sales licensee must have a food preparation area and equipment adequate to prepare, cook and serve food to meet the food service requirements of the Commission. The food preparation area and equipment must be on the licensed premises except when the licensed premises is a location catered by a licensee under the authority of ORS 471.184. (2) Discouraging food service: A Full On-Premises Sales licensee may not discourage or attempt to discourage a person from ordering or obtaining food from the licensee. Examples of discouraging food service include but are not limited to: A failure to take, prepare, cook, or deliver a food order in a timely manner; clearly over-pricing food for the clientele of the establishment; offering or serving unpalatable food; failing to provide required food service; and failing to provide a food service menu in a timely manner to a patron when requested by the patron. (3) 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 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
845-006-0469 Full On-Premises Sales License with Additional On-Premises Sales Privilege (1) Any Full On-Premises Sales licensee holding at the same licensed premises another license allowing on-premises consumption of alcohol must comply with the food service requirements of the Full On-Premises Sales license regardless of which license is used to serve alcohol for on-premises consumption. (2) 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 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
845-006-0475 License Changes Requiring Prior Approval (1) As used in this rule: (a) "Partnership" means an association of two or more persons who carry on a business jointly and who demonstrate an intent to be treated as partners by signing a partnership agreement; (b) "Person" includes individuals, corporations, partnerships or other business organizations; (2) All licensees: (a) Except as allowed by Commission rule, no person will obtain an ownership interest, as defined in OAR 845-005-0311, in a licensed business without prior Commission approval; (b) A person must receive Commission approval prior to being added or removed as a licensee. Each licensee will remain responsible for any violation or other resolution and shall be jointly and severally liable for any sanction until the Commission removes the person as a licensee; (c) The Commission may deny a request to add a person as a licensee, or may restrict the license, for any of the grounds for which it may deny or restrict a license. (3) A violation of this rule is a Category I violation. Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.313 (4) (h) History: OLCC 5-2025, amend filed 11/20/2025, effective 01/01/2026 OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 1-2005, f. 4-21-05, cert. ef. 5-1-05 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0480 Changes in Premises or Operation: Prior Approval or Notice Required (1) A licensee with license issued under ORS Chapter 471 must obtain approval from the Commission prior to exercising any privilege of the license in an area not previously approved by the Commission as the licensed premises. A violation of this subsection is a Category III violation. (2) A licensee licensed to sell alcoholic beverages for on-premises consumption must notify the Commission in writing of any change to the premises or the business operation that could reasonably affect the minor posting assigned to the premises or any room or area of the premises prior to the change. A violation of this subsection is a Category V violation. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.313 & 471.315 History: OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 2-2011, f. 2-23-11, cert. ef. 3-1-11 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0482 Closure of Premises for Private Uses (1) All licensees may close all or part of the licensed business for private use at any time. Licensees are responsible for following all Commission regulations even when closed for private use. (2) Closure for private use does not excuse a Full On-premises Sales licensee from compliance with the food service rules of the Commission. (3) Whenever any licensee closes the licensed premises or a part of it to the public for private use, at least one entry normally used by the public must remain unlocked to allow Commission inspectors unrestricted access. (4) Examples of private uses are banquets, conferences, meetings and parties. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.030, 471.730(1), 471.175 & 471.178 History: OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 5-2007, f. 3-22-07, cert. ef. 4-1-07 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0495 Requirements for a Full On-Premises Sales License for a For-Profit Private Club This rule sets requirements in addition to other requirements set out in ORS Chapter 471 and OAR chapter 845 divisions 5 and 6 for a Full On-Premises Sales License for a For-Profit Private Club. (1) Definitions. For this rule and OAR 845-005-0322: (a) “Member” means a living individual that has been accepted by the club as a member, pays dues to the club, and has full-time membership privileges. (b) “Nonmember” means an individual who is not a member and who is at the club for the purpose of benefiting from the club’s services or facility. (2) Food service requirements. The licensee must meet the food service requirements of OAR 845-006-0460. (3) Nonmembers. (a) If one (or more) nonmember(s) is in an area where alcohol is sold, served, or consumed, at least one member must be present in the area at all times. (b) A violation of this section is a Category III violation. (4) Access to Premises. (a) The licensee must follow the requirements of OAR 845-006-0345(4). (b) In addition, the licensee must provide the Commission with a means to gain immediate access to the premises. If the entrance to the premises is unattended, then the licensee must provide a valid mechanism for Commission employees to gain immediate entry, such as a keycard or keypad code. (c) Violation of this section is a Category II violation. Statutory/Other Authority: ORS 471, 471.001, 471.030, 471.040, 471.175, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.001 & 471.175 History: OLCC 13-2010, f. 10-18-10, cert. ef. 11-1-10
845-006-0497 Enforceable Compliance Plans (1) When the Commission issues a written Notice of Warning to a licensee for a history of serious and persistent problems under ORS 471.315(1)(c), the Commission shall require the licensee to submit a written compliance plan setting out the specific actions that the licensee will take to address the problems. (2) A draft compliance plan required under this rule must be submitted to the Commission within 15 days of the licensee receiving notice of the requirement. The Commission will provide written feedback regarding the licensee’s draft plan within 10 days of receipt. A final acceptable compliance plan must be submitted no later than 30 days from the date the licensee received initial notice of the requirement, or 5 days from the date the licensee received written feedback on their draft plan, whichever is later. The Commission will give written approval of a compliance plan as acceptable if it determines that implementation of the plan is reasonably likely to reduce or prevent the identified compliance problems. Under no circumstances will the time period between initial Commission notice of the requirement and Commission approval of a final acceptable compliance plan exceed 45 days. (3) Once a compliance plan is approved, the licensee must follow the plan. The licensee may request Commission approval to discontinue a compliance plan no sooner than one year from the approval date. The licensee may request Commission approval to modify a compliance plan no sooner than six months from the approval date. The Commission will grant the request if it finds there is no longer a significant risk at the premises of future compliance problems pertaining to the elements of the plan contained in the licensee’s request. (4) Approval of a compliance plan under this rule does not prevent the Commission from taking any other compliance action. (5) Failure to submit an acceptable compliance plan as required or to follow an approved compliance plan is a Category III violation. (6) The licensee must keep the compliance plan on the licensed premises and make the compliance plan available at any time for immediate inspection by any Commission employee or any peace officer. Failure to comply with this requirement is a Category IV violation. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.030 History: OLCC 6-2011, f. 8-15-11, cert. ef. 9-1-11
845-006-0498 Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension (1) Before 7:00 a.m. on the date a liquor license suspension goes into effect, and until the suspension is completed, Commission staff will ensure that a suspension notice sign is posted on each outside entrance or door to the licensed establishment. The suspension notice sign must be posted in a way that allows any person entering the premises to read it. Licensees must use the suspension notice sign provided by the Commission. The sign will state that the liquor license has been suspended by order of the Commission due to violation(s) of the alcoholic liquor laws (statute or administrative rule) of Oregon. If there are multiple liquor licenses at the location, the sign will specify which license privileges have been suspended. (2) During the period of license suspension, the licensee is responsible for ensuring: (a) Compliance with all applicable laws and rules, including compliance with all minor postings assigned to the premises per OAR 845-006-0340; (b) That the suspension notice sign is not removed, altered, or covered. (3) No licensee, and no agent, servant or employee of such licensee, shall allow the sale, delivery, service, consumption, or receipt of alcoholic beverages at the licensed premises during the period of time that the license is under suspension pursuant to ORS 471.315, 471.316, or 183.430(2): (a) A liquor licensee may operate his/her business provided there is no sale, delivery, service, consumption or receipt of alcoholic beverages. No banquet, temporary event or other special occasion function involving the sale, service, delivery or consumption of alcoholic beverages may be held on the premises during a period of liquor license suspension; (b) When a Winery, Grower Sales Privilege or Brewery-Public House license is suspended, any and all locations operating under the underlying license are suspended. (4) Sanction: A violation of section (3) of this rule is a Category I violation. A violation of sections (1) or (2)(b) of this rule is a Category IV violation. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1), (2) & (5) Statutes/Other Implemented: ORS 183.430(2), 471.315 & 471.316 History: OLCC 15-2007, f. 7-18-07, cert. ef. 8-1-07 OLCC 12-2006, f. 8-21-06, cert. ef. 10-1-06
845-007-0005 Purpose and Application of Rules (1) The Commission serves the interests of the citizens of Oregon by regulating alcoholic beverage advertising for these purposes: (a) To minimize health or safety problems caused by the misuse of alcoholic beverages; (b) To encourage moderation in the use of alcoholic beverages; (c) To discourage the appeal of alcoholic beverages to minors; (d) To ensure accurate presentation of the product; (e) To ensure compliance with all laws relating to alcoholic beverages. (2) The Commission also serves the interests of Oregonians by allowing competitive advertising for the purpose of informing the public of the availability and characteristics of alcoholic beverages. (3) All alcoholic beverage advertising any licensee uses must conform to these rules. Prior approval of advertising material is not normally required. The Commission may, however, require a licensee who fails to comply with these rules to submit all advertising material for prior approval for a reasonable period specified by the Commission. Statutory/Other Authority: ORS 471 & 472, including 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.730(7) History: OLCC 16-1989, f. 12-14-89, cert. ef. 1-1-90 LCC 7-1985, f. 7-30-85, cert. ef. 9-1-85 LCC 56-1976, f. 10-20-76, cert. ef. 12-1-76, Renumbered from 845-010-0081
845-007-0010 Definitions As used in OAR 845-007-0005 through 845-007-0035: (1) "Advertising" is publicizing the trade name of a licensee together with words or symbols referring to alcoholic beverages or publicizing the brand name of an alcoholic beverage. (2) "Alcoholic Beverage" contains more than one-half of one percent alcohol by volume and is intended for human consumption. (3) "Coupon" or “rebate coupon” means any coupon, ticket, certificate token or any other material that a person may use to obtain a price reduction or rebate in connection with alcoholic beverages. This definition applies whether the coupon requires a purchase or not. (4) "Handbill" is a flyer, leaflet, or sheet that advertises alcoholic beverages. (5) "Point of sale" item is a display, sign, or other material that advertises alcoholic beverages at a licensed premises. Statutory/Other Authority: ORS 471, including ORS 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.730(7) History: OLCC 9-2010, f. 8-23-10, cert. ef. 9-1-10 OLCC 16-1989, f. 12-14-89, cert. ef. 1-1-90 LCC 7-1985, f. 7-30-85, cert. ef. 9-1-85 LCC 56-1976, f. 10-20-76, cert. ef. 12-1-76; Renumbered from 845-010-0086
845-007-0020 Restrictions (1) The Commission prohibits advertising if it contains: (a) False or misleading information; (b) Claims that the alcoholic beverage has curative or therapeutic effects; (c) Claims that any government agency endorses or supports the alcoholic beverage; (d) The requirement of purchasing an alcoholic beverage in order to receive a prize or merchandise unless the manufacturer or wholesaler donates the prize or merchandise to a charitable cause or community non-profit entity; (e) Material so appealing to minors that it encourages them to purchase, possess, or drink alcoholic beverages; (f) A person displayed drinking an alcoholic beverage; (g) Material that encourages the use of an alcoholic beverage because of its intoxicating effect; (h) Statements or illustrations that an alcoholic beverage causes athletic or artistic success; (i) Material that encourages excessive or rapid consumption. (2) The Commission prohibits any advertising of the promotional practices that are prohibited under OAR 845-006-0345(11). (3) Outside the licensed premises, the Commission prohibits advertising of an alcoholic beverage for on-premises consumption where the expressed or implied meaning is that a customer, in order to receive a reduced price, would be required to purchase more than one drink at a time, such as “two for the price of one”, “buy one — get one free”, or “two for $_____”. (4) Advertising is considered “outside the licensed premises” if the advertising is visible or audible from the outside, including advertising on a website or on a telephone answering machine recording. Responding via email or telephone to a question from a member of the public is not considered advertising and thus is allowed. (5) The Commission prohibits advertising that violates OAR 845-015-0175 (Advertising by a Retail Sales Agent). (6) The Commission prohibits manufacturers and wholesalers from giving retailers point-of-sale items and advertising that the financial assistance laws prohibit (ORS 471.398 and 471.400 and OAR 845-013-0050). Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.730(7) History: OLCC 10-2017, f. 6-30-17, cert. ef. 7-1-17 OLCC 4-2010, f. 4-19-10, cert. ef. 5-1-10 OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03 OLCC 16-1989, f. 12-14-89, cert. ef. 1-1-90 LCC 7-1985, f. 7-30-85, cert. ef. 9-1-85 LCC 56-1976, f. 10-20-76, cert. ef. 12-1-76, Renumbered from 845-010-0096
845-007-0035 Removal of Objectionable and Non-Conforming Advertising (1) Licensees and retail sales agents must remove any sign, display, or advertisement if the Commission finds it violates these rules. (2) The Commission will specify a reasonable time period in which to remove the objectionable advertisements. Statutory/Other Authority: ORS 471 & 472, including 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.730(7) History: OLCC 10-2003, f. 7-22-03, cert. ef. 9-1-03 LCC 7-1985, f. 7-30-85, cert. ef. 9-1-85 LCC 56-1976, f. 10-20-76, cert. ef. 12-1-76, Renumbered from 845-010-0111
845-008-0070 Export Exemption ORS 473.050(2) provides that no tax shall be levied, collected or imposed upon any wine exported from the state. This rule explains the criteria to qualify for this export exemption. (1) The export exemption can be used to recover taxes already paid to the Commission or to offset a current tax liability. (2) A winery may claim the export exemption for wine that it removes from federal bond and exports from the state. The exemption may be taken at the time of removal if the winery intends in good faith to export the wine. Wine qualifies as being exported if the wine is, or is expected to be, transported to a location outside of Oregon. All export exemptions must be supported by proof of export such as a bill of lading or other shipping documentation. (3) Wine that is claimed as exempt under the small winery exemption may not be claimed as exempt from tax under the export exemption. (4) A winery may claim a refund for wine on which tax was paid to the Commission in a prior period if the wine is subsequently exported from the state. No refund will be issued if no tax was paid by the winery to the Commission on the wine being exported. No refund may be claimed on wine that was previously exempted from tax. Statutory/Other Authority: ORS 471 & 473, 471.030, 471.730(1), (3) & (5) & 473.020 Statutes/Other Implemented: ORS 473.050 & 473.060 History: OLCC 19-2010, f. 12-22-10, cert. ef. 1-1-11
845-008-0080 Penalties and Interest This rule describes the penalties and interest that may be assessed on a winery’s outstanding tax liability. (1) Unless waived, the Commission will assess a penalty of 10% and interest at the rate of 1% per month on any tax that is not paid on the due date as specified in OAR 845-008-0050(1)(d) or (2)(c). (2) ORS 473.060(2) provides that the Commission may waive any interest or penalty assessed on unpaid taxes if the Commission determines that the winery has made a good faith effort to comply with the privilege tax requirements set forth in ORS Chapter 473, OAR chapter 845 division 8, 845-010-0151, and 845-010-0170. (3) Failure to file any tax statement and supporting schedules by the due date is a Category IV violation. Failure to file an accurate and complete tax statement and supporting schedules by the due date may result in the assessment of penalties and interest on any outstanding tax liability. Statutory/Other Authority: ORS 471 & 473, 471.030, 471.730(1), (3) & (5) & 473.020 Statutes/Other Implemented: ORS 473.060 & 473.140 History: OLCC 19-2010, f. 12-22-10, cert. ef. 1-1-11
845-008-0090 Refunds ORS 473.060(1) provides that the Commission may refund any tax payment imposed upon or paid in error by a winery. This rule explains the criteria for the refund process. (1) A refund is the Commission returning money to the winery for over-paid taxes. It is distinguished from a credit, which is also for over-paid taxes but is used to offset a new tax liability. (2) Refunds of privilege tax paid in a prior reporting period will be issued upon a written request with proper documentation showing that the tax was paid in error or that an exemption applies to wine on which tax was previously paid to the Commission. A refund will be issued only to the entity that previously paid the tax for which the refund is being claimed. (3) If the refund request is for an amount over $1,000 an audit may be required before a refund will be issued. (4) If at audit it is determined that a refund was issued in error and there is in fact an outstanding tax liability, then penalties and interest may be assessed. Statutory/Other Authority: ORS 471 & 473, 471.030, 471.730(1), (3) & (5) & 473.020 Statutes/Other Implemented: ORS 473.060 History: OLCC 19-2010, f. 12-22-10, cert. ef. 1-1-11