Oregon Liquor Control Commission, Chapter 845
Rule Caption: Amend rule to implement statutory changes allowing additional Special Events Distillery license privileges.
Adm. Order No.: OLCC 7-2012
Filed with Sec. of State: 9-14-2012
Certified to be Effective: 10-1-12
Notice Publication Date: 7-1-2012
Rules Amended: 845-005-0413
Subject: This rule describes the Special Events license that is available to current Distillery licensees and also describes the application process. House Bill (HB) 4092 amends ORS 471.230 to provide the additional license privileges of selling distilled spirits manufactured by the distillery licensee both by the drink and by the bottle at these special events. We are amending section (5) of the rule by adding a new (5)(h) which requires compliance with applicable food standards if the licensee chooses to offer distilled spirits by the drink. We are also replacing the current sections (14) and (15) regarding tastings with a new section (14) outlining the three privileges now allowed: tastings, drinks, and factory-sealed containers (bottles). This new language includes any purchase or sale pricing requirements as specified in statute. Because the statute specifies that they must be appointed as a retail outlet agent to sell by the bottle, subsection (14)(c) also includes a cross reference to their agent agreement and manual. Also included is the deletion of section (18), since the same rules governing service permit and server age requirements that apply to all other licensees will now apply to this special event license. And finally, minor housekeeping amendments have been made such as deleting the duplicative language of section (19) regarding violation level.
Rules Coordinator: Jennifer Huntsman—(503) 872-5004
Special Events Distillery License
ORS 471.230 authorizes the Commission to issue a Special Events Distillery (SED) license to an Oregon Distillery licensee. This rule sets the qualifications and requirements for a Special Events Distillery license.
(1) Definitions. For this rule:
(a) “Bar” means a counter at which the preparation, pouring, serving, sale, or consumption of alcoholic beverages is the primary activity;
(b) “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;
(c) “License day” means from 7:00 am until 2:30 am on the succeeding calendar day. The license fee is $10.00 per license day or any part of a license day.
(d) “Manufactured by the distillery licensee” means the licensee distills, rectifies, blends, or otherwise produces the distilled liquor product on the distillery licensed premises in Oregon.
(e) “Serious violation history” means:
(A) Two or more category III or IIIa administrative violations of any type, or category IV violations involving minors. However, if the circumstances of a violation include aggravation, one violation may be sufficient; or
(B) One category I, II, or IIa administrative violation; or
(C) Two or more crimes or offenses involving liquor laws.
(f) “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.
(g) “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.
(h) “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.
(2) Only the holder of a Distillery license issued under ORS 471.230 may qualify for a Special Events Distillery license.
(a) The SED license is only for a location other than that designated as the Distillery licensee’s annually licensed premises.
(b) A distillery licensee providing tastings of distilled liquor for retailers at an educational seminar that is not open to the public is not required to obtain a SED and is subject to OAR 845-013-0060.
(c) A distillery licensee providing tastings of distilled liquor at a retail liquor store must follow OAR 845-015-0155. A distillery licensee is not eligible for a SED at a retail liquor store.
(3) The Commission will not approve more than five license days on a single application. The Commission may limit approval of any application to a single license day or to any number of license days fewer than five days.
(4) Applicants must apply in writing for a Special Events Distillery license, using the application form provided by the Commission. The Commission may require additional forms, documents, or information as part of the application. The Commission may refuse to process any application not complete, not accompanied by the documents or disclosures required by the form or the Commission, or that does not allow the Commission sufficient time to investigate it. Sufficient time is typically one to three weeks prior to the event date. The Commission may give applicants the opportunity to be heard if the Commission refuses to process an application. A hearing under this subsection is not subject to the requirements for contested case proceeding under ORS 183.310 to 183.550.
(5) The application for a SED license under this rule shall include:
(a) A written, dated, and signed plan. An application is not complete if this plan is not approved by the Commission. To approve a plan, the Commission must determine that the plan adequately manages:
(A) The event to prevent problems and violations;
(B) Patronage by minors as set out in subsection (6) of this rule; and
(C) Alcohol consumption by adults.
(b) Identification of the individuals to be employed by the licensee to manage events on the SED licensed premises;
(c) Identification of the premises or area proposed to be licensed;
(d) Statement of the type of event to be licensed, type and extent of entertainment to be offered, expected patronage overall and by minors, and proposed hours of operation;
(e) A description of how the licensee will distinguish trade visitors from members of the general public, such as by providing tastings for trade visitors in separate areas or at separate times from tastings for the general public, by using distinctive glassware for trade visitors, or by the use of badges or name tags;
(f) The recommendation in writing of the local governing body where the licensed premises will be located; and
(g) License fees as established by ORS 471.311.
(h) If the licensee will provide distilled liquor by the drink, a written proposal showing compliance with the food service standards of OAR 845-006-0465.
(6) A plan for managing patronage by minors under subsection (5)(a) of this rule must meet the following requirements:
(a) If the SED license will be on any part of a premises, room, or area with an annual license issued by the Commission, the Commission must be convinced that the plan will follow the minor posting and control plan, including any temporary relaxation of the minor posting, assigned to that premises, room, or area under the annual license. The Commission must also be convinced that the plan will prevent minors from gaining access to alcoholic beverages and any portion of the licensed premises prohibited to minors.
(b) If the SED license will not be on any part of a premises, room, or area with an annual license issued by the Commission, the Commission must be convinced that the plan will prevent minors from gaining access to alcoholic beverages and any portion of the licensed premises the Commission prohibits to minors.
(7) Minors are prohibited from the SED licensed premises or portions of the licensed premises as follows:
(a) Minors may not sit or stand at a bar; however, minors may sit or stand at a food counter;
(b) Minors may not be in an area where there are video lottery games, social games, or nude entertainment or where such activities are visible;
(c) Minors may not be in an area where the licensee’s approved written plan designates that minors will be excluded.
(8) The Commission may deny, cancel or restrict a SED license for any reason for which the Commission may deny, cancel or restrict a regular license.
(9) The Commission may deny or restrict a SED license if the applicant has a serious violation history at events previously licensed with a special license within the past 36 months.
(10) The Commission shall limit the issuance of a SED license to the same applicant at the same location to no more than 31 license days from January 1 to December 31 of each year.
(11) The Commission may refund the SED license fee if the application is withdrawn by the applicant or denied by the Commission, or if the event does not take place because of circumstances beyond the licensees control, or if the Commission determines the applicant does not need a license for the event proposed in the application.
(12) When the Commission approves a written plan under subsection (5)(a) of this rule, the licensee must follow that written plan. Failure to follow that written plan is a Category III violation.
(13) If the licensee fails to prevent minors from gaining access to alcoholic beverages or fails to prevent minors from gaining access to any portion of the licensed premises prohibited to minors, the Commission may immediately prohibit minors from the licensed premises or portion(s) of the premises.
(14) A distillery licensee with a SED may:
(a) Permit tastings of distilled liquor manufactured by the licensee. The distillery licensee must purchase the distilled liquor that the licensee uses for conducting tastings at the event from the Commission at the price set by the Commission for distilled liquor removed from bond for tastings.
(b) Permit sales by the drink of distilled liquor manufactured by the licensee. The distillery licensee must purchase the distilled liquor that the licensee uses for sales by the drink at the event at the retail price set by the Commission for the month in which the distilled liquor is sold by the drink.
(c) If the distillery licensee has been appointed as a distillery retail outlet agent, sell factory-sealed containers of distilled liquor manufactured by the licensee for consumption off the licensed premises of the event. The distillery licensee must purchase and sell the factory-sealed containers in accordance with the terms of the Distillery Retail Outlet Agent Agreement and the Commission’s Distillery Retail Outlet Manual.
(15) Tastings provided to the general public.
(a) A tasting provided to the general public shall be no more than one-half fluid ounce of distilled liquor in a single container. The container may also contain nonalcoholic beverages; however, the total amount of liquid in the container may be no more than two ounces. A licensee may charge a member of the general public a fee for tastings.
(b) A distillery licensee shall not provide more than two and one-half fluid ounces of distilled liquor per person per license day.
(16) Tastings provided to a trade visitor.
(a) A tasting provided to a trade visitor shall be no more than one fluid ounce of distilled liquor in a single container. The container may also contain nonalcoholic beverages; however, the total amount of liquid in the container may be no more than three ounces. A licensee may not charge a trade visitor a fee for tastings.
(b) There is no daily limit on distilled liquor tastings provided to a trade visitor.
(c) Trade visitors must be distinguished from members of the general public per subsection (5)(e) of this rule.
Stat. Auth.: ORS
471, 471.030, 471.040 & 471.730(1) & (5)
Stats. Implemented: ORS 471.230
Hist.: OLCC 1-2010, f. 2-22-10, cert. ef. 3-1-10; OLCC 2-2012(Temp), f. & cert. ef. 4-5-12 thru 10-1-12; OLCC 7-2012, f. 9-14-12, cert. ef. 10-1-12