OAR 845-006-0462: Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License

(1) Purpose: ORS 471.184 allows Full and Limited On-Premises Sales licensees to have off-premises events under the license privilege. This rule sets the food service requirements for off-premises events with a Full or Limited On-Premises Sales license. (2) If the off-premises event would qualify for general pre-approval under OAR 845-005-0405, the licensee must provide at all times and in all areas where alcohol service is available at least two different meals, some of which the licensee prepares and cooks in sufficient quantity to provide at least one serving for each person at the event. A contractor may not provide this food service. A licensee may provide one meal in the area where alcohol service is available if the Commission determines that the clearly dominant emphasis in this area is food service as described in 845-006-0460. (3) If the off-premises event is not of a type that would qualify for general pre-approval granted by the Commission but has been approved under the standards of OAR 845-005-0410 and: (a) Distilled spirits are provided at the event, the licensee or a contract food service provider must provide at least three different meals on the off-premises event’s licensed premises at all times and in all areas where alcohol service is available; or (b) Distilled spirits are not provided at the event, the licensee or a contract food service provider must provide at least two different meals on the off-premises event’s licensed premises at all times and in all areas where alcohol service is available. (4) If the licensee does not directly provide the food service required under subsection (3) this rule, the food service must be provided by a contractor or contractors. The contract may be with the licensee or with the organizer of the event. The licensee may sell or serve alcohol only when food service that meets the requirements of this rule is provided to patrons at all times and in all areas where alcohol service is available. The Commission may waive the OAR 845-005-0311 requirement that a contract food service provider be a co-licensee at the event if the contract food provider does not provide any alcohol service and does not directly or indirectly manage people who sell or serve alcohol. A licensee may have fewer than the different meals required under this rule in the area where alcohol service is available if the Commission determines that the clearly dominant emphasis in this area is food service as described in 845-006-0460. (5) Violation of any section of this rule is a Category III violation.