reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0347 - Noisy, Disorderly or Unlawful Activity and Drinking Alcohol Outside the Premises

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions. As used in this rule:
(a)
			 "Dangerous weapon" means any weapon, device, instrument or substance which
			 under the circumstances in which it is used, attempted to be used or threatened
			 to be used, is readily capable of causing death or serious physical injury.
(b) "Deadly weapon" means any
			 instrument, article or substance specifically designed for and presently
			 capable of causing death or serious physical injury.
(c) "Disorderly activities" are those that
			 harass, threaten or physically harm another person.
(d) "Gambling" means that a person stakes or
			 risks something of value upon the outcome of a contest of chance or a future
			 contingent event not under the control or influence of the person, upon an
			 agreement or understanding that the person or someone else will receive
			 something of value in the event of a certain outcome.
(e) "Noisy activities" are those that a
			 reasonable person would conclude interfere with normal living or business
			 activities. The Commission may consider a violation of Department of
			 Environmental Quality or local noise pollution standards as prima facie
			 evidence of noisy activities.
(f)
			 "Serious physical injury" means physical injury which creates substantial risk
			 of death or which causes serious disfigurement, serious impairment of health,
			 or serious loss or impairment of the function of any bodily organ.
(g) "Social Gaming" means a game other than a
			 lottery, if authorized by a local county or city ordinance pursuant to ORS
			 167.121, between players in a
			 private business, private club, or place of public accommodation where no house
			 player, house bank, or house odds exist and there is no house income from the
			 operation of the social game.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0348 - Unlawful Drug Activity on Licensed Premises

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.316 provides the Commission
			 will suspend or may cancel a Full On-Premises Sales, Limited On-Premises Sales,
			 or Brewery-Public House license if the licensee is aware of unlawful drug use
			 or sales on the licensed premises and subsequently fails to take immediate and
			 effective action to prevent unlawful drug use or sales on the licensed
			 premises. The licensee is aware of the drug use or sales if:
(a) The licensee or an employee of the
			 licensee personally witnessed drug use or sales on the licensed premises;
			 or
(b) Arrests for drug sales or
			 seizures of drugs occurred on the licensed premises.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0349 - Activities on College Campuses

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 No manufacturer, importer, wholesaler, retailer, their agent or campus
			 representative will conduct promotional activities for any liquor product on
			 any college or university campus or for student living groups that include
			 students under 21 years of age. Examples of promotional activities include:
(a) Giving free alcoholic
			 beverages;
(b) Giveaways such as
			 t-shirts, glasses, cups, coasters and signs bearing brand name
			 identification;
(c) Giving student
			 living groups bar equipment such as taps, cleaning equipment, and
			 coolers.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0350 - Service Permittee Required Reporting of Trafficking and Unlawful Employment of Minors

Current through Register Vol. 63, No. 7, July 1, 2024
Permittee Required Reporting of Trafficking and Unlawful
				Employment of Minors
(1) Definitions.
(a) "Commercial sex act" means any sex act on
			 account of which anything of value is given to or received by any
			 individual.
(b) "Human trafficking"
			 means the recruitment, enticement, intimidation, harboring, transportation,
			 provision, or obtaining of a person for the purpose of subjecting the person to
			 involuntary servitude.
(c) "Sex
			 trafficking" means the recruitment, enticement, intimidation, harboring,
			 transportation, provision, or obtaining of a person for the purpose of a
			 commercial sex act. "Sex Trafficking" also includes such actions by means of
			 force or fraud.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0353 - Distilled Spirits Samples and Promotions from a Distillers Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensees of
			 the Commission may not accept samples of distilled spirits from distillery
			 representatives, and may not allow distillery representatives to offer or give
			 samples, or promote their product on the licensed premises other than as
			 allowed by OAR 845-005-0428.
(2) Licensees of the Commission may not
			 accept payment for alcoholic liquor from a distillery representative and may
			 not allow a distillery representative to pay for alcoholic liquor for
			 patrons.
(3) Despite section (1) of
			 this rule, Full On-Premises Sales licensees of the Commission may accept
			 samples of distilled spirits from a distillery's agent if:
(a) The sample is of a product the licensee
			 does not carry;
(b) Each sample
			 does not exceed .25 ounce by measured pour; or the sample is in a
			 manufacturer-sealed container which is not larger than 50ml.;
(c) No sample is sold, served, given or
			 offered to a patron.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0360 - Maintenance of License Certificate, Restriction Document, Authority to Operate, Minor Posting Sign

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 licensee shall alter any license certificate, restriction document or minor
			 posting sign issued by the Commission.
(2) All Authorities to Operate, license
			 certificates and minor posting signs issued or posted by the Commission must be
			 maintained upon the premises in full public view. Any restriction document
			 referred to in the certificates or accompanying an Authority to Operate shall
			 be maintained at the premises and shall be readily available to Commission
			 staff and law enforcement officers.
(3) Public passenger carriers that are
			 allowed to operate more than one vehicle under a single license may maintain
			 copies of license certificates and restriction documents as required by section
			 (2).
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.030
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0362 - Responsibility of Licensees for Conduct of Others

Current through Register Vol. 63, No. 7, July 1, 2024
Each licensee may be held responsible for violation of any
				liquor control law or administrative rule or regulation of the Commission
				affecting his license privileges and for any act or omission of his servant,
				agent, employee, or representative in violation of any law, municipal
				ordinance, administrative rule, or regulation affecting his license
				privileges.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.040, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.030 & ORS
				  471.730
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0365 - Payment for Alcoholic Beverages; NSF Checks, Including Third Party Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No retail
			 licensee will pay for malt beverages, cider, or wines purchased from a
			 wholesale licensee with an NSF check.
(2) A wholesale licensee must report any NSF
			 check(s), including third party NSF checks, received during a calendar month to
			 the Commission. The written report must include the trade name of the licensed
			 premises, name of maker, amount of check, date wholesaler received check, date
			 wholesaler was notified check was NSF, date wholesaler informed retailer of NSF
			 check, and the date redeemed. The Commission must receive this report by the
			 20th day of the month following the month being reported. (Example: The
			 Commission must receive the NSF check report for January by February 20.)
			 Wholesale licensees must maintain a legible photocopy of the front and back of
			 each NSF check at the licensed premises for two years.
(3) Any wholesale licensee who fails to make
			 immediate and reasonable efforts to redeem an NSF check or who continues to
			 accept checks from a retail licensee whose checks, including third party
			 checks, are repeatedly returned, violates the prohibition against extending
			 credit in ORS 471.398.
(4) No Full On-Premises Sales licensee will
			 pay for distilled spirits purchased from or through the Commission with an NSF
			 check.
(5) Any retail licensee who
			 fails to immediately redeem an NSF check or who continues to give a wholesaler
			 checks, including third party checks, that are repeatedly returned, violates
			 the prohibition against accepting gratuities from wholesalers in ORS
			 471.398.
(6) As used in this rule:
(a) NSF check includes any check or other
			 instrument that is not immediately paid upon presentation or that is later
			 dishonored;
(b) Third-party check
			 means a check or other negotiable instrument written by anyone other than the
			 retailer.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0370 - Financial Assistance; Retailer Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Manufacturer and wholesaler have the same
			 meaning as in ORS 471.392.
(2) Retailer has the same meaning as in OAR
			 845-013-0001.
(3) The Commission interprets ORS
			 471.398 to also prohibit a
			 retailer from soliciting from a manufacturer or wholesaler any item or service
			 these statutes prohibit, except as OAR
			 845-013-0001 through
			 845-013-0110 allow.
(4) A retailer does not violate ORS
			 471.398 if the retailer accepts
			 the items or services that OAR
			 845-013-0001 through
			 845-013-0110 allow.
(5) A retailer may not sell the samples a
			 wholesaler or manufacturer gives the retailer under OAR
			 845-013-0060.
(6) No Full On-Premises Sales licensee or
			 officer, director, manager, agent, or employee of a Full On-Premises Sales
			 licensee will solicit or accept any gift, gratuity, special individualized
			 discount, or other incentive from any retail sales agent of the Commission, or
			 anyone representing the retail sales agent, if such may be reasonably construed
			 to be an enticement to obtain, maintain or increase the recipients business
			 with the retail sales agent.
(7)
			 The requirements of section (6) of this rule apply to dispenser licenses issued
			 under former ORS Chapter 472. This section expires October 1, 2001.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040 & 471.730(1)
Statutes/Other Implemented: ORS
				  471.398
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0380 - Certificate of Approval for Distilled Spirits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission issues a Certificate of
			 Approval for Distilled Spirits (CER-D) to manufacturers, importers and others
			 who import distilled spirits into Oregon for sale in the state. CER-Ds are also
			 issued to vendors who import grain and ethyl alcohol into Oregon for
			 scientific, pharmaceutical, manufacturing, mechanical or industrial use. There
			 is no fee to obtain a CER-D.
(2) No
			 person may import distilled spirits or grain and ethyl alcohol into Oregon who
			 does not hold a CER-D or whose CER-D is suspended or revoked. Once a CER-D has
			 been revoked it remains revoked until reinstated by the Commission.
(3) The holder of a CER-D is subject to and
			 must comply with the tied house and financial assistance requirements contained
			 in ORS 471.392-.400 and Division 13 of
			 Chapter 845 of the Commission's administrative rules. Violation of any
			 provisions of ORS 471.392-.400 or Division 13 by a
			 CER-D holder or its agent is grounds for the Commission to suspend or revoke
			 the CER-D.
Stat. Auth.: ORS 471, including 471.030, 471.251, &
				  471.730(1), (5) & (8)
Stats. Implemented: ORS
				  471.251 &
				  471.404
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0390 - Transportation by Licensed Retailer from Licensed Wholesaler Premises

Current through Register Vol. 63, No. 7, July 1, 2024
A licensed malt beverage or wine retailer may transport the
				malt beverages, cider, or wine the retailer purchases from a licensed
				wholesaler from the wholesaler's premises to the retailer's premises. The
				purchase price of such malt beverages, cider, or wine shall be the price listed
				pursuant to OAR 845-010-0210.
Stat. Auth.: ORS 471, including ORS
				  471.030,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.305 & ORS
				  471.398
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0391 - Delivery of Alcoholic Beverages to Individuals - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The terms 'deliver,' 'delivery address,'
			 delivery person,' 'eligible business,' final consumer,' and 'third-party
			 delivery facilitator' have the meaning given those terms in ORS
			 471.521 as presently drafted or
			 as may be amended in the future.
(2) Pursuant to ORS
			 471.521(6), a
			 'for-hire carrier' is an individual, person, or company who meets the below
			 criteria. As such, they are not 'delivery persons' or 'third party delivery
			 facilitators' and are not subject to the delivery person or third-party
			 delivery facilitator requirements in Oregon law or in these rules. A 'for-hire
			 carrier' is an individual, person, or company who:
(a) Is retained or used by a licensee to
			 deliver or ship alcoholic beverages directly from a licensee, retail sales
			 agent, distillery retail outlet agent or permit holder to a resident of Oregon
			 or to a licensee of the Commission without the involvement of a third-party
			 delivery facilitator or a delivery person; and
(b) Is a motor carrier as defined in
			 49 U.S.C.
			 13102, a freight forwarder as defined in
			 49 U.S.C.
			 13102 or an air carrier as defined in
			 49 U.S.C.
			 40102.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0392 - Requirements for Delivery of Manufacturer-Sealed and Securely-Covered Containers of Wine and Cider to a Final Consumer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions
(a) "Manufacturer-sealed container of wine or
			 cider" means a container holding wine or cider that:
(A) Was sealed by the manufacturer upon
			 removal from federal bond; and
(B)
			 Has a label that complies with Commission regulations, including federal
			 labeling regulations, prior to being sold in Oregon.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0396 - Requirements for Delivery of Manufacturer-Sealed and Securely-Covered Containers of Malt Beverages to a Final Consumer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For this rule:
(a) "Manufacturer-sealed
			 container of malt beverages" means a container holding malt beverages that:
(A) Was sealed by the manufacturer upon
			 removal from federal bond; and
(B)
			 Has a label that complies with Commission regulations, including federal
			 labeling regulations, prior to being sold in Oregon.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0399 - Sale of Mixed Drinks and Single Servings of Wine by Full On-Premises Sales Licensees for Off-Premises Consumption and Delivery to a Final Consumer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For the purposes of this
			 rule:
(a) "Manufacturer-sealed container"
			 means a container holding an alcoholic beverage that was sealed upon removal
			 from federal bond.
(b) "Mixed
			 drink" means a beverage that is combined on a licensed premises and sold in a
			 sealed container for consumption off of the licensed premises and is:
(A) A drink where the principal alcoholic
			 liquor is distilled liquor and one or more mixers, and contains no more than
			 three ounces of distilled liquor; or
(B) A drink where the principal alcoholic
			 liquor is wine combined with one or more mixers or distilled liquor that
			 contains no more than six ounces of liquid.
(c) "Mixer" means malt beverages, wine,
			 cider, or nonalcoholic ingredients.
(d) "Sealed container" means a container with
			 a secure cap or lid that completely covers the opening for the container and a
			 seal designed to make it evident when the seal has been removed or broken. The
			 seal is affixed to the container by the licensee after the container is filled
			 pursuant to a consumer order for the mixed drink.
(e) "Serving of wine" means a container
			 holding six ounces or less of wine with no mixer and no distilled
			 liquor.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0400 - Requirements for Direct to Retailer Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The holder of a Direct to Retailer permit
			 may sell at wholesale and transport directly to the holder of a license issued
			 under ORS 471.175,
			 471.178,
			 471.186,
			 471.190, or
			 471.200 and only to an address
			 where the licensee holds an annual or special license issued by the Commission:
(a) Wine or cider that the holder of the
			 permit produced, fermented, manufactured, or blended
(b) A brand of malt beverages that the holder
			 of the permit produced, fermented, manufactured, or blended provided the brand
			 of malt beverages is not covered under a wholesale distribution agreement
			 pursuant to ORS chapter 474.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0401 - Requirements for Oregon Retailers to Receive Malt Beverages, Wine or Cider from the Holder of a Direct to Retailer Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The holder of a license issued under ORS
			 471.175,
			 471.178,
			 471.186,
			 471.190, or
			 471.200 may purchase and receive
			 malt beverages, wine, and cider directly from the holder of a Direct to
			 Retailer permit provided:
(a) The malt
			 beverages, wine, and cider are received only at an address where the licensee
			 holds a valid annual license issued under ORS
			 471.175,
			 471.178,
			 471.186,
			 471.190, or
			 471.200 or at an address where
			 the licensee holds a special license issued by the Commission; and
(b) The malt beverages, wine, and cider are
			 only for retail sale and service by the licensee at the address at which they
			 were received.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0410 - Custom Order Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Custom
			 order agreement" means an agreement whereby a Brewery or Brewery-Public House
			 licensee agrees to produce or manufacture malt beverages based on certain
			 specifications for a commission licensee authorized by the commission to
			 receive the malt beverages under a custom order agreement.
(2) Malt beverages produced or manufactured
			 under a custom order agreement are produced or manufactured by the producing
			 Brewery or Brewery-Public House licensee and not by the receiving
			 licensee.
(3) Privilege taxes for
			 malt beverages produced or manufactured under a custom order agreement are due
			 from the producing licensee when the producing licensee sells or transfers the
			 malt beverage to the receiving licensee. Despite this requirement, the
			 producing licensee may qualify for nonpayment of privilege taxes under ORS
			 473.050.
(4) A Brewery licensee:
(a) May not use a custom order agreement to
			 produce or manufacture malt beverages for a retail licensee as defined in ORS
			 471.392. Despite this
			 requirement, a Brewery licensee may use a custom order agreement to produce or
			 manufacture malt beverages for a Full On-Premises Sales licensee licensed to
			 the same licensee of record as the Brewery licensee.
(b) May use a custom order agreement to
			 produce or manufacture malt beverages for a Brewery-Public House licensee. The
			 custom order agreement must be in writing and both parties must comply with ORS
			 471.398. The custom order
			 agreement does not absolve the receiving Brewery-Public House licensee from
			 complying with all other laws and rules regulated by the commission. The custom
			 order agreement must identify the malt beverage by a specific formula and it
			 must identify a defined period of time for the agreement that is no longer than
			 60 days from production to delivery of the malt beverage to the receiving
			 licensee. The agreement may not allow the producing Brewery licensee to store
			 the malt beverage longer than the 60 day time period. The Brewery licensee and
			 Brewery-Public House licensee shall provide the written custom order agreement
			 to the Commission within 10 calendar days of the Commission's request for the
			 agreement.
(c) May use a custom
			 order agreement to produce or manufacture malt beverages for a manufacturer or
			 wholesaler as defined in ORS
			 471.392.
(d) A violation of this section is a Category
			 III violation.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0425 - Hours of Sale

Current through Register Vol. 63, No. 7, July 1, 2024
(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 section (4) 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 section (4) 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
			 5:00 a.m. and 2:30 a.m. However, from 5:00 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.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.030
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0426 - Public Interest and Convenience Reasons for Cancellation or Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0428 - Exemptions for Certain Tour Boats

Current through Register Vol. 63, No. 7, July 1, 2024
For boats that will be in Oregon waters 30 days or less in a
				calendar year:
(1) The Commission
			 waives the service permit requirements for alcohol servers and for those who
			 supervise the sale or service of alcohol. However, the applicant, licensee or
			 Server Education designee must ensure that all alcohol servers and those who
			 supervise the sale or service of alcohol 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.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.040, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.182
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0430

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471, including 471.030, 471.040 &
				  471.730(1) & (5)
Stats. Implemented: ORS
				  471.030,
				  471.040,
				  471.115,
				  471.360,
				  471.410,
				  471.412,
				  471.430 &
				  471.730(1)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0433 - Minibars in Hotel Guest Rooms

Current through Register Vol. 63, No. 7, July 1, 2024
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 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 guest request for
			 immediate restocking;
(b) Only a
			 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 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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0434 - Minibars in Arena Suites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.180allows a Limited On-Premises or Full On-Premises Sales licensee who
			 operates suites in an arena to store alcoholic beverages in a minibar and to
			 make those beverages available to guests of arena suites. The purpose of this
			 rule is to regulate the use of minibars in arena suites. The Commission
			 reserves the right to add restrictions regarding the service of alcohol from
			 minibars to the license of any arena licensee when those restrictions are
			 considered by the Commission to be a reasonable response to a potential public
			 safety problem or concern.
(2)
			 Definitions:
(a) "Adults": Persons 21 years
			 of age or older;
(b) "Arena suite":
			 An enclosed, leased, private suite which is separate from the general admission
			 area in an arena. The Commission considers an arena suite as a part of the
			 arena;
(c) "Containers": For
			 purposes of this rule, an individual container of each alcoholic beverage
			 listed below must contain no more than the following amount of alcohol:
(A) Distilled spirits: 1.7 ounces or 50
			 milliliters;
(B) Bottles or cans of
			 malt beverage: 12 ounces or approximately 355 milliliters;
(C) Malt beverage in kegs: 8
			 liters;
(D) Wine or cider:
			 25.4ounces or 750 milliliters;
(d) "Licensee": For purposes of this rule,
			 licensee refers to an arena which has been issued a Limited On-Premises or Full
			 On-Premises Sales license under the provisions of ORS chapter 471;
(e) "Minibar": A locked cabinet or locked
			 refrigerator used to store alcoholic beverages;
(f) "Monitoring": An observation of suite
			 guests for a reasonable amount of time by a service permittee who must serve
			 food, alcoholic beverages, non-alcoholic beverages, or perform related duties
			 in the suite during the period of monitoring to provide an opportunity for the
			 permittee to observe whether minors are consuming alcohol, whether guests show
			 any signs of visible intoxication and whether any unlawful acts are
			 occurring;
(g) "Service Permittee":
			 An individual who has successfully completed an approved Alcohol Server
			 Education course and has a valid Service Permit;
(h) "Suite Holder": A person or entity that
			 has entered an agreement to occupy an arena suite. Where such suite holder is a
			 business or a corporation, that suite holder will designate at least one adult
			 as the suite holder's representative for each event.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0435 - Maintaining Records: Retail Licensees

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.040, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.351 & ORS
				  471.760
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0440 - Deposits on Draft Malt Beverage and Wine Containers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.398
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0441

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS 471, including ORS
				  471.030,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.478
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0445 - Nonbeverage Food Products Containing Alcoholic Beverages

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0446 - Promotional Events at a Retailer Licensed Premises Involving Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For the purposes of this rule:
(a) "Retailer
			 Licensed Premises" means a premises licensed with a full on-premises sales
			 issued under ORS 471.175, limited on-premises
			 sales issued under ORS
			 471.178, or brewery-public house
			 licensed issued under ORS
			 471.200.
(b) "Supplier" means a Winery, Grower Sales
			 Privilege, Brewery, Brewery-Public House, Warehouse, and Distillery licensee.
			 It also means an Oregon Certificate of Approval (CERA) holder and an Oregon
			 Certificate of Approval Distillery (CERD) but only for the product for which it
			 holds the certificate. Further, a supplier does not mean an Oregon Wholesale
			 Malt Beverage and Wine licensee; however, a Wholesale Malt Beverage and Wine
			 licensee may represent a CERA holder.
(c) "Promotional Event" means an event
			 sponsored by a retailer at a retailer licensed premises where the retailer
			 accepts assistance as per section (3) of this rule from one or more suppliers.
			 Examples include winemaker dinners, food and alcohol pairings, and product
			 releases.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0450 - Retail On-Premises Malt Beverage, Wine, or Cider Tastings Involving Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission allows certain other Oregon licensees to conduct
				or participate in malt beverage, cider, or wine sample tasting on Full
				On-Premises Sales, Limited On-Premises Sales, and Off-Premises Sales licensed
				premises as specified in OAR
				845-005-0427, subject to the
				requirements and limits identified in this rule.
(1) Sample Sizes. The size of each sample
			 must not exceed one and a half ounces for wine or cider and three ounces for
			 malt beverages.
(2) Identified
			 Tasting Area.
(a) Any Off-Premises Sales
			 retailer who conducts tastings or who allows manufacturers to conduct tastings
			 on the retail premises must identify a specific tasting area or areas.
(b) The area/s must be of a size
			 and design such that the person(s) conducting the tasting can observe and
			 control persons in the area to ensure no minors or visibly intoxicated persons
			 possess or consume alcohol.
(c)
			 Customers must remain in the tasting area or areas until they have finished
			 consuming the sample.
(d) The
			 retailer must keep on file at the premises a floor plan identifying the tasting
			 area(s).
(e) If a retailer does
			 not have an identified tasting area or areas, the Commission may require prior
			 approval of an area or areas before the retailer conducts any more tastings or
			 allows any more manufacturer-conducted tastings on the premises.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0452 - Requirements for Distilled Liquor Tastings Provided by Oregon Distillery Licensee

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 845-005-0431 sets the
				qualifications for an Oregon distillery licensee to obtain approval to provide
				tastings of distilled liquor manufactured by the distillery licensee for
				consumption on the distillery licensee's premises and on no more than five
				other premises owned or leased by the distillery licensee. This rule sets the
				requirements to provide these tastings.
(1) Definitions.
(a) "Identified tasting area" means a
			 specific defined area where tastings of alcohol occur. The area must be of a
			 size and design such that the person(s) serving the taste(s) can observe and
			 control persons in the area to ensure no minors or visibly intoxicated persons
			 possess or consume alcohol and that other liquor laws are followed.
(b) "Manufactured by the distillery licensee"
			 means the licensee distills, rectifies, blends, or otherwise produces the
			 distilled liquor product in Oregon on the distillery's licensed premises.
(c) "Other premises owned or
			 leased by the distillery licensee" means any other licensed location that is
			 owned or leased by the distillery licensee and separate from its annually
			 licensed location. To qualify under this definition, the distillery licensee
			 must provide proof of ownership or a written contract entitling it to exclusive
			 use and possession of the other location.
(d) "Per day" means from 7:00 am until 2:30
			 am on the succeeding calendar day.
(e) "Primary Location" means the location
			 where distilled liquor is manufactured by the distillery licensee.
(f) "Trade visitor" means a person whose job
			 includes the purchase or recommended purchase of distilled spirits by a
			 licensee of the Commission or distributors and others in the commercial
			 distribution chain; or a person representing an agency of mass communication,
			 such as television, radio, newspaper, magazine, and internet.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0459 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				845-006-0459 through
				845-006-0469:
(1) "Substantial food items" means food items
			 prepared or cooked on the licensed premises and that are typically served as a
			 main course or entree. Some examples could include but are not limited to items
			 such as fish, steak, chicken, pasta, pizza, sandwiches, dinner salads, hot
			 dogs, soup and sausages. Side dishes, appetizer items, dessert items, and snack
			 items such as popcorn, peanuts, chips and crackers do not qualify as
			 substantial food items.
(2) "Meal"
			 means a substantial food item offered together with at least one side dish or a
			 substantial food item with two or more side dishes available to order
			 separately. Side dishes include but are not limited to vegetables, fruit,
			 salad, rice, french fries and bread.
(3) "Different" means substantial food items
			 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.
(4) "Dining seats" means seating at indoor
			 tables or food counters as defined in OAR
			 845-006-0340(2)(j)
			 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, including ORS
				  471.030,
				  471.040,
				  471.730(1) &
				  (5)
Statutes/Other Implemented: ORS
				  471.175
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0461 - Food Service Requirements for Nonprofit Private Clubs with a Full On-Premises Sales License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose: ORS
			 471.175 allows nonprofit private
			 clubs with food service to sell distilled spirits by the drink. ORS
			 471.175(8)
			 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.
(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
			 substantial food items.
(4)
			 Violation of any section of this rule is a Category III violation.
Statutory/Other Authority: ORS 471,
				  471.030,
				  471.040,
				  471.730(1) &
				  (5)
Statutes/Other Implemented: ORS
				  471.175
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0463 - Food Service Requirements for Public Passenger Carriers with a Full On-Premises Sales License

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.175 &
				  471.182
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0464 - Food Service Requirements for Other Public Locations with a Full On-Premises Sales License

Current through Register Vol. 63, No. 7, July 1, 2024
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.
(1) Other Public Locations are businesses
			 open to the public where meals or substantial food items 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.
(2) 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 substantial food items.
(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