OAR 845-005-0329
Licensing Outdoor Areas Not Abutting a Licensed Building; Licensing Non-Abutting Intermittent and Limited Duration Expansion Areas

(1) This rule applies to an outdoor area that does not abut applicant’s or licensee’s licensed building and establishes the licensing qualifications for such an outdoor area. This rule also establishes licensing requirements for expanding the premises to non-abutting indoor and outdoor areas for a limited duration or on an intermittent basis. This rule does not apply to Temporary Sales Licenses issued under OAR 845-005-0440 (Temporary Sales Licenses); Special Events Brewery-Public House licenses issued under OAR 845-005-0414 (Special Events Brewery-Public House License); Special Event Brewery Licenses issued under OAR 845-005-0412 (Special Events Brewery License), Special Event Winery licenses issued under OAR 845-005-0415 (Special Event Winery and Special Event Grower Sales Licenses); Special Events Grower licenses issued under OAR 845-005-0415 (Special Event Winery and Special Event Grower Sales Licenses); Special Events Distillery licenses issued under OAR 845-005-0413 (Special Events Distillery License); Small-Scale Private Catering licenses issued under OAR 845-005-0405 (Full or Limited On-Premises Licensee Small-Scale Private Catering); and Temporary Use of An Annual License licenses issued under 845-005-0410 (Full or Limited On-Premises Licensee Large-Scale Private Catered Events and Temporary Use of an Annual License for Events at Another Location).
(2) The Commission shall refuse to license an outdoor area, and may cancel the license for an outdoor area, for any of the following reasons:
(a) The outdoor area is controlled by a public entity and the public entity provides the Commission with written proof that the sale, service or consumption of alcohol in the outdoor area is not an authorized use under the applicable rules and regulations governing the public entity;
(b) The outdoor area is privately owned and the applicant or licensee fails to provide, as required by the Commission or upon request by the Commission, written proof of legal access to the outdoor area;
(c) The applicant or licensee fails to define the boundaries of the outdoor area;
(d) The applicant or licensee fails to demonstrate there is or will be adequate supervision of the outdoor area so as to prevent violations of the liquor laws.
(3) Non-abutting limited duration or intermittent expansion of licensed premises.
(a) For the purposes of this subsection of the rule:
(A) Limited duration means the licensee received authorization to use the expansion area as a part of the licensed business from the landowner for a period of 180 days or less.
(B) Intermittent means the licensee received authorization from the landowner to use the expansion area for something less than all days of the week.
(b) A licensee may expand its premises on a limited duration or intermittent basis to one area that does not abut the licensee’s annually licensed premises to sell and serve alcohol at retail as allowed by the license provided the following are met:
(A) The expansion area is within 500 feet (measured property line to property line) of the annually licensed premises.
(B) The licensee has the permission of the landowner (private or public) to use the expansion area and the licensee has defined the boundaries of the expansion area on a floor plan. Licensees must provide proof of permission to use the area and the floor plan for the expansion area to the Commission upon request (within 72 hours of the request).
(C) The licensee uses the expansion area only during the days and times approved by the landowner.
(D) The licensee operates the current premises and the limited duration or intermittent expansion area as one licensed business.
(E) The licensee shares the limited duration or intermittent expansion area with other licensees only if the licensees share the current licensed premises.
(c) Expansion areas used by the licensee as described in this section are part of the annually licensed premises during the days and times that the landowner has given the licensee permission to use the expansion area as a part of the business. Licensee is subject to all OLCC liquor laws and rules in the expansion area for the days and times of use of the area as a part of the licensed business. Licensee must cease the sale and service of alcohol in the limited duration or intermittent expansion area once the authorization from the landowner has expired.
(d) A licensee using an expansion area as described in this section must follow the regulations of all regulating bodies.
(e) No minor posting will be assigned to a limited duration or intermittent expansion area. However, if the licensee wants to expand the premises to an expansion area not abutting the premises on a limited duration or intermittent basis, the licensee will ensure that either:
(A) The primary activity in the expanded area is patrons consuming food; or
(B) If the primary activity in the expanded area is not patrons consuming food, the area must not have a combination of several factors that would not be appropriate for minors, such as dim lighting and the conspicuous display of multiple alcohol signs, banners, and posters or entertainment that is not appropriate for minors.
(f) If the licensee holds a restricted license, the licensee must follow the restrictions in the limited duration or intermittent expansion area.
(g) For an expansion to an area not abutting the premises that does not qualify as limited duration or intermittent, a licensee must submit a request to, and receive approval from, the Commission prior to exercising license privileges in the proposed area.
(h) Operation in an expansion area not abutting the licensed premises without permission from the landowner is a Category III violation.

Source: Rule 845-005-0329 — Licensing Outdoor Areas Not Abutting a Licensed Building; Licensing Non-Abutting Intermittent and Limited Duration Expansion Areas, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-005-0329.

845‑005‑0301
Purpose and Interpretation 845‑005‑0302
Regular License 845‑005‑0303
Alcohol Impact Areas 845‑005‑0304
Local Government Recommendations: Requirements for Local Governments and License Applicants 845‑005‑0306
Procedures for Public Notice of License Applications 845‑005‑0308
Valid Bases for Adverse Local Government Recommendations 845‑005‑0311
True Name on Application 845‑005‑0312
Forms Required for License Applications 845‑005‑0314
Refusal to Accept an Application 845‑005‑0315
Applications: Refusal to Process 845‑005‑0320
License Refusal Reasons that Can Not Be Overcome 845‑005‑0321
Additional License Refusal Reasons for a Full On-Premises Sales License for a Nonprofit Private Club 845‑005‑0322
Additional License Refusal Reasons for a Full On-Premises Sales License for a For-Profit Private Club 845‑005‑0325
License Refusal Reasons: Applicant Qualifications 845‑005‑0326
License Not Demanded by Public Interest or Convenience 845‑005‑0329
Licensing Outdoor Areas Not Abutting a Licensed Building 845‑005‑0331
Licensing Outdoor Areas Abutting a Licensed Building 845‑005‑0332
Tour Boat License 845‑005‑0336
Certificate of Authority Holder’s Sales Employees 845‑005‑0355
Restricting License Privileges and Conduct of Operations 845‑005‑0360
License Renewal: Requirements for Applicants 845‑005‑0365
Change of Licensee 845‑005‑0366
License Surrender 845‑005‑0400
Liquor Liability Insurance or Bond Requirement 845‑005‑0405
Full or Limited On-Premises Licensee Small-Scale Private Catering 845‑005‑0410
Full or Limited On-Premises Licensee Large-Scale Private Catered Events and Temporary Use of an Annual License for Events at Another Location 845‑005‑0412
Special Events Brewery License 845‑005‑0413
Special Events Distillery License 845‑005‑0414
Special Events Brewery-Public House License 845‑005‑0415
Special Event Winery and Special Event Grower Sales Licenses 845‑005‑0416
Delivery of Malt Beverage, Wine or Cider to Individuals — Definitions 845‑005‑0417
Qualifications for Direct Delivery of Malt Beverages, Wine, or Cider to a Resident of Oregon 845‑005‑0424
Guidelines for Approval of a For-Hire Carrier’s Plan for Delivery of Malt Beverages, Wine, Cider or Distilled Spirits 845‑005‑0425
Qualifications for Wine Self-Distribution Permit for Wine and Cider 845‑005‑0426
Qualifications for Retailer Endorsement to Receive Wine or Cider from the Holder of a Wine Self-Distribution Permit 845‑005‑0427
Retail On-Premises Malt Beverage or Wine Sampling Involving Manufacturer or Certificate of Approval Holder 845‑005‑0428
Retail On-Premises Distilled Spirits Sampling Involving Distillery Representative 845‑005‑0431
Qualifications for Distilled Liquor Tastings Provided by Oregon Distillery Licensee 845‑005‑0440
Temporary Sales Licenses 845‑005‑0445
Temporary Authority 845‑005‑0450
Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party
Last Updated

Jun. 8, 2021

Rule 845-005-0329’s source at or​.us