Tag Archives: olcc

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

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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

KNA Opposes Unrestricted OLCC License for 7-Eleven

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The following is a letter submitted to the Oregon Liquor Control Commission at yesterday’s hearing on the 7-Eleven license application. The license was granted with no restrictions but KNA is committed to continuing negotiations with 7-Eleven to preserve neighborhood livability through a good neighbor agreement.

Oregon Liquor Control Commission
9079 SE McLoughlin Blvd. Portland, OR 97222

RE: 7-11 5150 NE MLK Blvd, Portland – Liquor License Request for Restriction

The King Neighborhood Association (KNA) has previously submitted opposition to an unrestricted OLCC license being issues to the 7-11 now located at 5150 NE MLK Blvd, Portland. At that time the King Neighborhood Association requested that the license be restricted based on size and alcohol content of beverages, as well as the time of sale be restricted to no later than 1:00 am.
On February 7th, Ryan Kroll, on behalf of 7-11 engaged with the King Neighborhood Association and has entered into negotiations to find suitable accommodations for the concerns of the KNA. We believe that 7-11 is acting in good faith as is the KNA and we would like to formally request an extension of one month on your deliberation of this matter. While we have made excellent progress on a draft agreement, there are items that warrant further discussion.
The King Neighborhood has in the past and does currently struggle with street drinking amongst other public safety concerns. Great strides have been made over the past 10 years within the neighborhood to make significant improvements, but there is much work yet to be done. As new businesses move into our neighborhood it is incumbent both on those businesses and the neighbors to work together to ensure that the positive momentum that has carried us this far continues.
We urge you to grant this request and allow us the opportunity to work with our new neighbor to continue to make positive change in the King Neighborhood a reality.
Sincerely,

Russ Eisenberg
Co-Chair KNA on behalf of the King Neighborhood Association

Meeting to Address Additional Regulation of Liquor Licensees

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PUBLIC MEETING:
Proposed Changes to City Code Time Place and Manner Regulations of Alcohol Licensed Establishments (PCC 14B.120)

What: Community members are invited to a public meeting to learn about the proposed changes to local regulations of liquor licensed establishments, ask questions and submit testimony or comments. Comments may also be submitted in writing to the contact above.

When: June 28th, 2011 at 6pm

Where: Portland Building, Room C
1120 SW 5th Ave Portland, OR 97204

Why:
The City of Portland will be proposing changes to the city code that allows local regulation of liquor licensed establishments and is seeking comments from community members. Enacted as an avenue for neighbors and local enforcement agencies to address problem establishments, the Time Place and Manner code has been effective in addressing many livability and public safety issues that arise out of the sale of alcohol. The goal is to work with the licensee to address the issues before they become egregious. However, there are several areas that the City’s authority is insufficient to address problems. The proposed changes will expand the authority slightly to allow:

• Drug activity, prostitution, overcrowding, and serious incidents involving death or the risk of death to be considered nuisance activities for the purpose of this code.
• A violation and abatement process if three nuisance incidents occur in 60 days (rather than 30 days currently allowed).
• A violation and abatement process in the event that a serious incident occurs at an establishment.

The proposed changes have been reviewed and supported by the Time Place and Manner Oversight Committee, which includes community and industry representation. Time Place and Manner is a reasonable process to a responsive licensee and has been effective in mitigating harm. These changes will help to better serve the communities of Portland, and ensure that licensed establishments do not act irresponsibly or negligently at the cost of the community. It will also allow the City of Portland to take intervening steps with a premise earlier and avoid more serious problems from occurring. This is the only avenue to address problems at licensed establishments at the local level. All other regulatory authority is held by the state Oregon Liquor Control Commission.

The proposed changes are viewable online at www.portlandonline.com/oni. A second meeting will be held in July as well. If you would like to hear more, or would like to comment on the proposed changes please attend the public meeting or contact Theresa Marchetti.

Theresa Marchetti
Liquor Licensing Specialist – ONI
1221 SW 4th Ave Ste 110
Portland OR 97204
503-823-3092
theresa.marchetti@portlandoregon.govTo view applications currently in process go to http://www.portlandonline.com/oni/index.cfm?&c=48007