OAR 845-005-0410: Full or Limited On-Premises Licensee Temporary Use of an Annual License Events

(1) ORS 471.184(2) allows the holder of a Full On-Premises or Limited On-Premises license to exercise the privileges of the license at temporary events held at locations other than the licensed premises. This rule refers to these events as temporary use of an annual license. The licensee must obtain approval from the Commission prior to conducting each temporary use of an annual license event. (2) 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, or any part of a license day. The license fee as required by ORS 471.311 is per license day or any part of a license day. (d) “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. (e) “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. (f) “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. (3) At a temporary use of an annual license event, the licensee may: (a) Sell and serve the alcoholic beverages permitted by the license for on-premises consumption. (b) Sell factory-sealed containers of wine, malt beverages, and cider at retail for consumption off the licensed premises. (c) Sell, in securely covered containers supplied by the consumer and having a capacity of not more than two gallons each, wine, malt beverages, or cider for off-premises consumption. (d) Deliver wine, malt beverages, and cider sold under (b) and (c) of this section to a resident of Oregon. Any deliveries must follow OAR 845-006-0392 and 845-006-0396. (4) An applicant for temporary use of an annual license must submit the following forms, documents, information, or fees to the Commission: (a) A completed application form provided by the Commission containing all information and signatures required by the form, including but not limited to: (A) The local government recommendation; (B) Documentation from the local government that the applicant provided written notice to the local government; or (C) Documentation from the local government that the applicant is not required to submit the application to the local government. (b) The license fee as described in ORS chapter 471.311. (c) Proof of liquor liability insurance or bond as required by ORS 471.168 or Commission rules. (d) A written plan the Commission determines adequately manages events to: (A) Prevent problems and violations; (B) Control patronage by minors as set out in this rule; and (C) Prevent over-service of alcoholic beverages to patrons. (e) Identification of at least one individual responsible for managing the licensed premises. (f) Identification of the premises or area proposed to be licensed. (g) Confirmation of compliance with the food service standards of OAR 845-006-0462. (h) Information regarding the type of event to be licensed, type and extent of entertainment to be offered, expected patronage overall and by minors, proposed hours of food service, and proposed hours of operation. (5) The Commission will not approve more than seven 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 seven days. (6) After an applicant has submitted the application materials required by subsection (4) of this rule, the Commission may: (a) Require additional forms, documents, information, or fees from the applicant where there is reason to believe that the forms, documents, information, or fees are required by law or rule or may help the Commission determine the merits of an application or to otherwise perform its statutory duties. (b) At any time, inactivate the application when the Commission determines: (A) One or more of the required materials, forms, documents, information, or fees are missing or are not complete, accurate, legible, or correct; (B) The applicant fails to provide to the Commission all required materials, forms, documents, information, and fees in a manner that are complete, accurate, legible, and correct within 10 calendar days of the Commission’s notice to the applicant or licensee; (C) The plan submitted by the applicant to manage the event is not adequate; or (D) The applicant’s submission of the application materials did not allow the Commission sufficient processing time prior to the event date. (7) A plan for managing patronage by minors under this rule must meet the following requirements: (a) If the temporary use of an annual licensed premises 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 or tightening 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 temporary use of an annual licensed premises 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. (8) Minors are prohibited from the temporary use of an annual 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. (9) The Commission may deny, cancel or restrict a temporary use of an annual license for any reason for which the Commission may deny, cancel or restrict a regular license. (10) The Commission may deny or restrict a temporary use of an annual license if the applicant has a serious violation history within the past 36 months. (11) When the Commission approves a written plan under this rule, the licensee must follow that written plan. Failure to follow that written plan is a Category III violation. (12) 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 temporary use licensed premises prohibited to minors, the Commission may immediately prohibit minors from the licensed premises or portion(s) of the premises. (13) When the Commission inactivates an application under this rule, the inactivation is not subject to the requirements of ORS chapter 183.