OAR 845-006-0460: Food Service requirements for Commercial Establishments with a Full On-Premises Sales License

(1) Purpose: ORS 471.175 and 471.001(2) allow a commercial establishment to sell distilled liquor by the drink and also require food service. This rule sets the food service requirements for a commercial establishment, including a for-profit private club. (2) Food Service. (a) Licensee must make at least five different meals available at all times and in all areas where alcoholic beverage service is available. (b) Notwithstanding this requirement, a licensee may make fewer than five different meals available if the Commission determines that the clearly dominant emphasis in the areas with alcoholic beverage service is food service. One method for showing that the clearly dominant emphasis in the area is food service is for the Commission to determine that the gross receipts from the sale of meals to patrons for consumption in the area exceed or are reasonably expected to exceed the gross receipts from alcoholic beverage sales when alcoholic beverage service is available. (3) Dining Seats: The licensed premises must have at least 30 dining seats during a time period which must last at least two hours prior to 10:00 p.m. Seats at counters in entertainment areas and at bars as defined in OAR 845-006-0340 do not qualify as dining seating. A premises may have less than 30 dining seats during this time period if the Commission determines that the clearly dominant emphasis of the premises is food service as described in this rule at all times and in all areas where alcohol service is available when open to the public. (4) Violation of any section of this rule is a Category III violation.