Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0340 - Minor Postings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 is charged with regulating the sale of alcohol in a manner which protects the
			 safety and welfare of the citizens, and ensures that alcohol is used legally.
			 As a policy making body, the Commission has a responsibility to send a clear
			 message to the community and its youth that drinking alcohol is an adult
			 activity and that drinking environments are for adults. This rule applies only
			 to licenses that allow on-premises alcohol consumption including tastings,
			 except for tasting areas at an Off-Premises license approved under OAR
			 845-006-0450.
(2) Definitions. For this rule:
(a) "Eating food is the predominant activity"
			 means the Commission has determined that more people eat food than drink
			 alcohol (or the Commission determines that the licensee has reasonably
			 projected this).
(b) "Drinking
			 predominates" means the Commission has determined that more people are, or at
			 times are likely to be, drinking alcohol than not drinking alcohol.
(c) "Drinking environment" means the
			 Commission determines that there is a combination of conditions or factors in a
			 premises, room, or area which make it likely that minors will obtain alcohol or
			 which create an environment where drinking alcohol is or appears to be the
			 predominant activity. Some examples of factors that contribute to a drinking
			 environment include but are not limited to cocktail tables, a bar, bar
			 equipment and accessories, dim lighting, alcohol advertising, events or
			 entertainment primarily targeted to adults, and events or operations where the
			 monitoring of patron behavior is or could be insufficient to prevent minors
			 from obtaining alcohol.
(d) "Recent
			 serious violation history" means:
(A) Two or
			 more category III or IIIa administrative violations of any type, or category IV
			 violations involving minors, at the premises by the applicant or licensee
			 within the last two years. However, if the circumstances of a violation include
			 aggravation, one violation may be sufficient; or
(B) One category I, II or IIa administrative
			 violation at the premises by the applicant or licensee within the last two
			 years; or
(C) The applicant or
			 licensee has incurred an immediate license suspension at the premises within
			 the last two years; or
(D) There
			 are two or more crimes or offenses involving liquor laws within the last two
			 years at the premises.
(e) "Civic group" means a non-profit
			 corporation, association or political entity, or any authorized representative
			 of a governmental entity. Examples are parent-teacher associations, Rotary and
			 Toastmasters. Civic group does not include any group made up primarily of
			 minors.
(f) "Stage revue" means a
			 live performance with adult or sexual themes of a type usually performed on a
			 stage, involving players performing such activities as skits, song, dance and
			 comedy routines.
(g) "Minor" means
			 a person under the age of 21.
(h)
			 "Adult" means a person 21 years of age or older.
(i) "Bar" means a counter at which the
			 preparation, pouring, serving, sale or consumption of alcoholic beverages is
			 the primary activity.
(j) "Food
			 counter" means a counter in an area in which minors are allowed and at which
			 the primary activity at all times is the preparation, serving, sale or
			 consumption of food.
(k) "Video
			 lottery game" means a video lottery game terminal authorized by the Oregon
			 State Lottery. Examples include but are not limited to video poker and video
			 slots. Keno monitors are not considered a video lottery game.
(l) "Social game" 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.
(m)
			 "Domestic Partner" means an individual who, along with another individual of
			 the same sex, has received a Certificate of Registered Domestic Partnership
			 pursuant to the Oregon Family Fairness Act.
(n) "Minor control plan" means a written,
			 dated and signed plan submitted to the Commission by an applicant or licensee
			 for a premises, room, or area that shows where and when minors are permitted
			 and the control measures used to prevent minors from obtaining alcohol,
			 prohibit minors when drinking alcohol predominates, and minimize minors'
			 exposure to a drinking environment.