Proposed OLCC rules seek to control alcohol, noise outside food carts, restaurants, and bars

The Oregon Liquor Control Commission has been engaged in Rulemaking for Exterior Areas at licensed establishments. The rules redefine the requirements for licensing exterior areas that are connected to a brick and mortar pub, as well as create rules for exterior areas that are not associated with a brick and mortar location i.e.: Food Carts.

PUBLIC HEARING: Commission staff will hold a public hearing on this proposed action:
Date: March 21, 2013
Time : 10am
Location: Oregon Liquor Control Commission
9079 SE McLoughlin
Portland, OR 97222
within Oregon 1‐800‐452‐6522)
Phone: (503) 872‐5131 (toll free
Fax: (503) 872‐5110
Presiding Officer: Jesse Sweet – jesse.sweet@state.or.us
Comments will be taken until April 4th at 5pm

The Final Draft for the recommended rules is attached.
In a nutshell…
Exterior Areas of Taverns and Restaurants
1) If on Public Property, the sale, service, and consumption of alcohol must be a permitted use.
2) If on private property, the applicant must have legal access to the real property
3) The applicant must define boundary, and demonstrate control.
4) If the property abuts residential, amplified music is not allowed from 10pm to 7am
5) If the property abuts residential, sale and service of alcohol is restricted as follows;
a. 11pm –Sunday through Thursday
b. 1am – Friday and Saturday
THIS DOES NOT APPLY TO TEMPORARY SALES LICENSES OR TO ESTABLISHMENTS WITH ESTERIOR AREAS THAT HAVE GREATER THAN A 500 PERSON CAPACITY.

Exterior Areas NOT associated with a Structure i.e.: Food Carts
1)If on Public Property, the sale, service, or consumption is not authorized under applicable rules of the governing body
2) If on Private party, must have written proof of legal access
3) Property owner (public property) must expressly allow the sale of alcohol.
4) Must qualify for Minor 3 posting (not be a drinking environment)
5) Must define boundaries and demonstrate control of the area
6) Must designate an area for consumption and confine the designated area with a physical boundary
7) Must demonstrate supervision of the area.
8) Limit patrons to possession of no more than 2 alcoholic beverages at a time
9) Must adhere to specific beverage requirements
10) Cannot bring alcohol into or out of the designated area
11)Amplified entertainment and sale and service of alcohol are not allowed between 10pm and 7am.
THIS DOES NOT APPLY TO TEMPORARY SALES LICENSES

Theresa Marchetti
Liquor Licensing Specialist
503-823-3092
theresa.marchetti@portlandoregon.gov
Fax: 503-823-3050