ORS 471.200 authorizes the
Commission to issue a Special Events Brewery-Public House (SEBPH) license to a
Brewery-Public House licensee. This rule sets the qualifications and
requirements for a Special Events Brewery-Public House 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) "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.
(2) Only the holder
of a Brewery-Public House license issued under ORS
471.200 may qualify for a
Special Events Brewery-Public House license. The SEBPH license is only for a
location other than that designated as the Brewery-Public House licensee's
annually licensed premises and may allow the licensee to sell wine, malt
beverages and cider at retail for consumption on or off the licensed
premises.
(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 Brewery-Public House 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 SEBPH license under
this rule shall include:
(a) A written,
dated, and signed plan the Commission determines 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.
NOTE: An application is not complete if this plan is not
approved by the Commission. The Commission may use subsection (4) of this rule
to refuse to process any application that is not complete;
(b) Identification of the
individuals to be employed by the licensee to manage events on the SEBPH
licensed premises;
(c)
Identification of the premises or area proposed to be licensed;
(d) Menu and proposal showing compliance with
the food service standards of OAR
845-006-0465(2)-(4);
(e) Statement of the type of event to be
licensed, type and extent of entertainment to be offered, expected patronage
overall and by minors, type of food service to be offered, proposed hours of
food service, and proposed hours of operation;
(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.
(6) A plan for managing patronage by minors
under subsection (5)(a) of this rule must meet the following requirements:
(a) If the SEBPH 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
SEBPH 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 SEBPH 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 SEBPH license for any reason for
which the Commission may deny, cancel or restrict a regular license.
(9) The Commission may deny or restrict a
SEBPH 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 may refund the SEBPH
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.
(11) 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.
(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 licensed premises
prohibited to minors, the Commission may immediately prohibit minors from the
licensed premises or portion(s) of the premises.