Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0485 - Public Passenger Carrier Notification of Additional Premises

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.182(2)(a)
			 allows the Commission to issue a Full On-Premises Sales license or Limited
			 On-Premises Sales license to the owner or operator of an airline for use in
			 operating passenger aircraft, to a railroad corporation for use in operating
			 passenger trains, or to a tour boat owner or operator for use in operating tour
			 boats.
(2) Tour boat licensees
			 licensed under ORS 471.182(2)(c)
			 may add additional tour boats to be operated under the license upon giving the
			 Commission written notice at least ten days before adding any additional
			 vessel, which must itself qualify for licensing under ORS
			 471.182, and comply with the
			 food service standards of
			 845-006-0463 if the license is a
			 Full On-Premises Sales license.
(3)
			 Railroad corporation licensees licensed under ORS
			 471.182(2)(b)
			 may add additional trains to be operated under the license, provided the
			 additional trains comply with the food service standards of OAR
			 845-006-0463 if the license is a
			 Full On-Premises Sales license. If the additional train is operated primarily
			 as a tour train the operator must give at least ten days advance written notice
			 to the Commission before adding the train for operation under the existing
			 license.
(4) Pursuant to ORS
			 471.182(4),
			 commercial airlines licensed under ORS
			 471.182(2)(a)
			 may request approval from the commission to designate off-site storage
			 facilities for the storage of alcohol. More than one commercial airline may use
			 the same designated storage facility.
(a)
			 "Designated Storage Facility" means a facility designated by a commercial
			 airline holding a full on-premises passenger carrier (F-PC) license situated at
			 a location other than the primary premises address listed on the commercial
			 airline's F-PC license certificate where the airline will store alcohol
			 intended for sale to ticketed passengers aboard the licensee's aircrafts and
			 that has been approved for such storage by the Commission. The commercial
			 airline F-PC licensee is not required to own or lease the designated storage
			 facility.
(b) "Facility Operator"
			 means a person or entity operating a designated storage facility as the agent
			 of a commercial airline holding an F-PC license. A facility operator meeting
			 the terms of OAR 845-005-0311(6)
			 shall not be required to serve as a co-licensee on the commercial airline's
			 F-PC license.
(c) "Segregated"
			 means not commingled with inventory of another commercial airline licensee's
			 alcohol items stored at the designated storage facility. Examples of how
			 segregation of alcohol inventory could be accomplished include palletization of
			 the alcohol inventory according to licensee or discrete stalls or spaces
			 reserved for individual licensee inventory.
(d) A commercial airline that holds an F-PC
			 license who is seeking approval of a designated storage facility must:
(A) Complete any application forms required
			 by the Commission;
(B) Submit any
			 schematic, floor plan, operational plan, or other document for the facility
			 requested by the Commission;
(C)
			 Receive approval from the Commission for the designated storage facility prior
			 to storing alcohol at the facility;
(D) Confirm that if the facility operator
			 stores alcohol for other airlines at the facility, the alcohol inventory of
			 each commercial airline holding an F-PC license remains segregated;
(E) Ensure that records as required by OAR
			 845-006-0435 will be available
			 for inspection by the Commission with respect to deliveries made to the
			 commercial airline F-PC licensee at the designated storage facility;
			 and
(F) Ensure that the designated
			 storage facility will be accessible to the Commission for inspection at any
			 time.
(e) Once a
			 designated storage facility is approved, a commercial airline holding an F-PC
			 license may only conduct the following activities with respect to alcohol
			 stored at the approved designated storage facility:
(A) Accept delivery of alcohol from qualified
			 Oregon licensees, permittees, or Oregon retail liquor stores. The facility
			 operator may accept alcohol on behalf of the commercial airline holding an F-PC
			 license, provided that payment has been made by the commercial airline holding
			 an F-PC license to the Oregon licensee or retail store prior to delivery and in
			 compliance with ORS 471.485 and OAR
			 845-013-0020;
(B) Store alcohol owned by the commercial
			 airline holding an F-PC license; and
(C) Remove alcohol for subsequent retail sale
			 to the airline's ticketed passengers while aboard one of its commercial
			 airplanes.
(f) At the
			 designated storage facility, a commercial airline holding an F-PC license may
			 not:
(A) Collocate at the designated facility
			 with a liquor license or a marijuana license;
(B) Commingle alcohol owned by the approved
			 commercial airline F-PC licensee with alcohol owned by any third-party at the
			 designated storage facility;
(C)
			 Use the designated storage facility to store alcohol for any other license held
			 by the commercial airline F-PC licensee that has not been approved for alcohol
			 storage at the location;
(g) Nothing in this rule limits or prohibits
			 the way in which non-alcohol items may be stored at the designated storage
			 facility.
(h) Any violation of this
			 rule could result in revocation of the designated storage facility approval. In
			 addition to or in lieu of revocation, the Commission may take administrative
			 action against the commercial airline F-PC licensee. In the event that there is
			 more than one commercial airline F-PC licensee storing alcohol at a designated
			 storage facility, any violation charge will be specific to the commercial
			 airline F-PC licensee whose conduct constitutes a violation. A violation of
			 this rule is a Category IV violation.