OAR 845-006-0347
Noisy, Disorderly or Unlawful Activity and Drinking Alcohol Outside the Premises

(1) Definitions. As used in this rule:
(a) “Dangerous weapon” means any weapon, device, instrument or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.
(b) “Deadly weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.
(c) “Disorderly activities” are those that harass, threaten or physically harm another person.
(d) “Gambling” means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome.
(e) “Noisy activities” are those that a reasonable person would conclude interfere with normal living or business activities. The Commission may consider a violation of Department of Environmental Quality or local noise pollution standards as prima facie evidence of noisy activities.
(f) “Serious physical injury” means physical injury which creates substantial risk of death or which causes serious disfigurement, serious impairment of health, or serious loss or impairment of the function of any bodily organ.
(g) “Social Gaming” means a game other than a lottery, if authorized by a local county or city ordinance pursuant to ORS 167.121 (Local authorization of social games), 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.
(2) Noisy or Disorderly Activity:
(a) No licensee or permittee will permit noisy or disorderly activities on the licensed premises or in areas the licensee controls that are adjacent to or outside the premises.
(b) Violation of this section that results in death or serious physical injury to a person or that involves unlawful use or attempted use of a deadly weapon against another person is a Category I violation.
(c) Violation of this section that results in a sexual offense which is a Class A felony, such as first degree rape, sodomy, or unlawful sexual penetration, is a Category I violation.
(d) Violation of this section that involves use of a dangerous weapon against another person with intent to cause death or serious physical injury is a Category II violation.
(e) Violations of this section other than those described in (2)(b), (2)(c) or 2(d) are Category III violations.
(3) Unlawful Activity:
(a) No licensee or permittee will permit any unlawful activity on the licensed premises or in areas the licensee controls that are adjacent to or outside the premises.
(A) Unlawful activity includes any activity that violates a criminal statute. Examples include, but are not limited to;
(i) Crimes related to prostitution;
(ii) Public indecency;
(iii) Permitting the use of controlled substances; and
(iv) Gambling or unauthorized social gaming.
(B) The Commission does not require a conviction to establish a violation of this section except as ORS 471.315 (Grounds for cancellation, suspension or restriction of license, requiring training or imposing civil penalty) and 471.700 (Revocation of license on gambling conviction) requires.
(b) Violation of this section that results in death or serious physical injury to a person or that involves unlawful use or attempted use of a deadly weapon against another person is a Category I violation.
(c) Violation of this section that results in a sexual offense which is a Class A felony, such as first degree rape, sodomy, or unlawful sexual penetration, is a Category I violation.
(d) Violation of this section that involves use of a dangerous weapon against another person with intent to cause death or serious physical injury is a Category II violation.
(e) Violations of this section other than those described in (3)(b),(3)(c) or (3)(d) are Category III violations.
(4) Eviction of Persons:
(a) A licensee or permittee who knows that a person has engaged in noisy, disorderly or unlawful activities must evict that person from the premises for at least a 24-hour period. This includes employees or contractors of a licensee. The 24-hour period begins at the time of eviction.
(b) Failure to evict persons engaging in noisy, disorderly or unlawful activities is a Category IV violation.
(5) Drinking Alcohol Outside the Premises:
(a) No licensee or permittee will permit anyone to drink alcohol in any parking lot that the licensee controls that is associated with the licensed business unless the Commission has approved the sale or service of alcoholic beverages in the area.
(b) Violation of this section is a Category III violation.

Source: Rule 845-006-0347 — Noisy, Disorderly or Unlawful Activity and Drinking Alcohol Outside the Premises, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-006-0347.

845–006–0301
“Applicant” and “Licensee” Defined 845–006–0302
“Family Member” Defined 845–006–0309
Requirements for Outdoor Areas Not Abutting a Licensed Building 845–006–0335
Age Verification 845–006–0340
Minor Postings 845–006–0345
Prohibited Conduct 845–006–0347
Noisy, Disorderly or Unlawful Activity and Drinking Alcohol Outside the Premises 845–006–0348
Unlawful Drug Activity on Licensed Premises 845–006–0349
Activities on College Campuses 845–006–0353
Distilled Spirits Samples and Promotions from a Distiller’s Representative 845–006–0360
Maintenance of License Certificate, Restriction Document, Authority to Operate, Minor Posting Sign 845–006–0362
Responsibility of Licensees for Conduct of Others 845–006–0365
Payment for Alcoholic Beverages 845–006–0370
Financial Assistance 845–006–0380
Certificate of Approval for Distilled Spirits 845–006–0390
Transportation by Licensed Retailer from Licensed Wholesaler Premises 845–006–0391
Delivery of Malt Beverage, Wine or Cider to Individuals — Definitions 845–006–0392
Requirements for Direct Delivery of Wine and Cider to a Resident of Oregon 845–006–0396
Requirements for Direct Delivery of Malt Beverages to a Resident of Oregon 845–006–0399
Sale of Mixed Drinks and Single Servings of Wine by Full On-Premises Sales Licensees for Off-Premises Consumption and Delivery 845–006–0400
Requirements for Wine Self-Distribution Permit for Wine and Cider 845–006–0401
Requirements for Oregon Retailers to Receive Wine or Cider from the Holder of a Wine Self-Distribution Permit 845–006–0410
Custom Order Agreements 845–006–0425
Hours of Sale 845–006–0426
Public Interest and Convenience Reasons for Cancellation or Suspension 845–006–0428
Exemptions for Certain Tour Boats 845–006–0430
Alcohol Management in Public Venues 845–006–0433
Minibars in Hotel Guest Rooms 845–006–0434
Minibars in Arena Suites 845–006–0435
Maintaining Records: Retail Licensees 845–006–0440
Deposits on Draft Malt Beverage and Wine Containers 845–006–0441
Sale of Malt Beverages in Kegs 845–006–0445
Nonbeverage Food Products Containing Alcoholic Beverages 845–006–0446
Promotional Events at a Retailer Licensed Premises Involving Suppliers 845–006–0450
Retail On-Premises Malt Beverage, Wine, or Cider Tastings Involving Suppliers 845–006–0452
Requirements for Distilled Liquor Tastings Provided by Oregon Distillery Licensee 845–006–0459
Definitions 845–006–0460
Food Service at Commercial Establishment with Full On-Premises Sales License 845–006–0461
Food Service Requirements for Nonprofit Private Clubs with a Full On-Premises Sales License 845–006–0462
Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License 845–006–0463
Food Service Requirements for Public Passenger Carriers with a Full On-Premises Sales License 845–006–0464
Food Service Requirements for Other Public Locations with a Full On-Premises Sales License 845–006–0465
Food Service Requirements for Temporary Licenses Authorized Under ORS 471.190(4) 845–006–0466
General Food Service Requirements for Full On-Premises Sales Licenses 845–006–0469
Full On-Premises Sales License with Additional On-Premises Sales Privilege 845–006–0475
License Changes Requiring Notice/Prior Approval 845–006–0480
Changes in Premises or Operation: Notice Required 845–006–0481
Notification When Premises Closed: Time Limit for Operation 845–006–0482
Closure of Premises for Private Uses 845–006–0485
Public Passenger Carrier Notification of Additional Premises 845–006–0490
Requirements for a Full On-Premises Sales License for a Nonprofit Private Club 845–006–0495
Requirements for a Full On-Premises Sales License for a For-Profit Private Club 845–006–0497
Enforceable Compliance Plans 845–006–0498
Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension 845–006–0500
Suspensions and Civil Penalties
Last Updated

Jun. 8, 2021

Rule 845-006-0347’s source at or​.us