Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0460 - Food Service at Commercial Establishment with Full On-Premises Sales License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose: The
			 Oregon Liquor Control Act allows licensed commercial establishments with food
			 service to sell distilled spirits by the drink. ORS
			 471.001(2)
			 defines a commercial establishment as a place of business where food is cooked
			 and served, which has adequate kitchen facilities for the preparation and
			 serving of meals, and has dining facilities adequate for the serving and
			 consumption of meals. A commercial establishment must also either serve meals
			 to the general public or, if a for-profit private club, must serve meals to the
			 club's members and guests and comply with minimum food service requirements
			 established by Commission rule. This rule sets the food service requirements
			 for commercial establishments with a Full On-Premises Sales license. The
			 applicant has the burden of proving it meets the standards and qualifications
			 of this rule and OAR 845-006-0466.
(2) Food Service at Required Meal Periods.
(a) A business open after 5:00 pm must make
			 available to its patrons in all areas where alcohol service is available an
			 offering of at least five different meals during a regular meal period which
			 must last at least three hours. At least three out of the five different meals
			 used to meet the minimum meal requirement must include a main course or entree
			 (substantial food item) which has been prepared or cooked on the premises in
			 some manner beyond the simple re-heating of a pre-cooked frozen food or
			 carry-out item obtained from a business other than the licensed premises. A
			 business may have fewer than five different meals in the premises or in an area
			 if the Commission determines that the clearly dominant emphasis in the premises
			 or in the area is food service after 5:00 pm.
(b) A business not open after 5:00 pm must
			 make available to its patrons in all areas where alcohol service is available
			 an offering of at least five different meals during a required meal period
			 which must last at least two hours. At least three out of the five different
			 meals used to meet the minimum meal requirement must include a main course or
			 entree (substantial food item) which has been prepared or cooked on the
			 premises in some manner beyond the simple re-heating of a pre-cooked frozen
			 food or carry-out item obtained from a business other than the licensed
			 premises. A business may have fewer than five different meals in the premises
			 or in an area if the Commission determines that the clearly dominate emphasis
			 in the premises or in the area is food service before 5:00 pm.
(c) One method for showing that the clearly
			 dominant emphasis in the premises or in the area is food service is for the
			 Commission to determine that the gross receipts from the sale of meals and
			 substantial food items to patrons for consumption in the premises or in the
			 area exceed or are reasonably expected to exceed the gross receipts from
			 alcohol sales when alcohol service is available.