OAR 845-006-0462
Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License
(1)
Purpose: ORS 471.184 (Catering and other temporary off-premises service under full or limited on-premises sales license) allows Full and Limited On-Premises Sales licensees to have off-premises events under the license privilege. Notice and approval standards for these events are in OAR 845-005-0405 (Full or Limited On-Premises Licensee Small-Scale Private Catering) and 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). Use of a liquor license for off-premises events requires prior written approval from the Commission under the guidelines of 845-005-0405 (Full or Limited On-Premises Licensee Small-Scale Private Catering) or 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). This rule sets the food service requirements for off-premises events with a Full or Limited On-Premises Sales license.(2)
If the off-premises event would qualify for general pre-approval under OAR 845-005-0405 (Full or Limited On-Premises Licensee Small-Scale Private Catering) or 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), the licensee must provide at all times and in all areas where alcohol service is available at least two different substantial food items, some of which the licensee prepares and cooks in sufficient quantity to provide at least one serving for each person at the event. A licensee may have fewer than two different substantial food items in the area where alcohol service is available if the Commission determines that the clearly dominant emphasis in this area is food service as described in 845-006-0460 (Food Service at Commercial Establishment with Full On-Premises Sales License)(2)(c).(3)
If the off-premises event is not of a type that would qualify for general pre-approval granted by the Commission but has been approved under the standards of OAR 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) and distilled spirits are provided at the event, the licensee or a contract food service provider must provide at least five different substantial food items on the off-premises event’s licensed premises at all times and in all areas where alcohol service is available.(4)
If the off-premises event is not of a type that would qualify for general pre-approval under the standards of OAR 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) and distilled spirits are not provided at the event, the licensee or a contract food service provider must provide at least two different substantial food items on the off-premises event’s licensed premises at all times and in all areas where alcohol service is available.(5)
If the licensee does not directly provide the food service required under sections (3) and (4) of this rule, the food service must be provided by a contractor or contractors. The contract may be with the licensee or with the organizer of the event. The licensee may sell or serve alcohol only when food service that meets the requirements of this rule is provided to patrons at all times and in all areas where alcohol service is available. The Commission may waive the OAR 845-005-0311 (True Name on Application; Interest in Business) requirement that a contract food service provider be a co-licensee at the event if the contract food provider does not provide any alcohol service and does not directly or indirectly manage people who sell or serve alcohol. A licensee may have fewer than the different substantial food items required under sections (3) and (4) of this rule in the area where alcohol service is available if the Commission determines that the clearly dominant emphasis in this area is food service as described in 845-006-0460 (Food Service at Commercial Establishment with Full On-Premises Sales License)(2)(c).(6)
Violation of any section of this rule is a Category III violation.
Source:
Rule 845-006-0462 — Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-006-0462.