Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0462 - Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose: ORS
			 471.184 allows Full and Limited
			 On-Premises Sales licensees to have off-premises events under the license
			 privilege. Notice and approval standards for these events are in OAR
			 845-005-0405 and
			 845-005-0410. Use of a liquor
			 license for off-premises events requires prior written approval from the
			 Commission under the guidelines of
			 845-005-0405 or
			 845-005-0410. 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 or
			 845-005-0410, the licensee must
			 provide at all times and in all areas where alcohol service is available at
			 least two different substantial food items, some of which the licensee prepares
			 and cooks in sufficient quantity to provide at least one serving for each
			 person at the event. A licensee may have fewer than two different substantial
			 food items 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(2)(c).
(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 distilled
			 spirits are provided at the event, the licensee or a contract food service
			 provider must provide at least five different substantial food items on the
			 off-premises event's licensed premises at all times and in all areas where
			 alcohol service is available.
(4)
			 If the off-premises event is not of a type that would qualify for general
			 pre-approval under the standards of OAR
			 845-005-0410 and distilled
			 spirits are not provided at the event, the licensee or a contract food service
			 provider must provide at least two different substantial food items on the
			 off-premises event's licensed premises at all times and in all areas where
			 alcohol service is available.
(5)
			 If the licensee does not directly provide the food service required under
			 sections (3) and (4) of 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 substantial food items required under sections (3) and (4)
			 of 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(2)(c).
(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