State Highways and State Highway Fund
Coffee and cookies at roadside rest areas
(1)The Department of Transportation shall establish by rule a permit program allowing nonprofit organizations to provide free coffee or other nonalcoholic beverages and cookies at roadside rest areas managed by the department. Cookies offered under the program must come from a licensed facility. Rules adopted under this section may not restrict the program to any particular days of the year.
(2)An organization may apply for a permit to provide coffee, other beverages and cookies at a rest area managed by the department by submitting a written request to an employee of the department designated by the department. The request shall specify the day on which the organization wishes to offer the beverages and cookies and the specific rest area where they will be offered. The request shall be submitted not more than 60 days prior to the date requested.
(3)The department shall issue a permit to the selected organization not less than 30 days in advance of the date for which the permit is issued. If there is more than one request for the same date and the same place, the department shall select one organization by random drawing and shall issue the permit to that organization.
(4)The department may not issue more than one permit for the same time and place.
(5)An organization that receives a permit shall confine distribution of coffee, other beverages or cookies to an area of the rest area designated in the permit or by the rest area attendant. The organization may not obstruct access to any building or other structure in the rest area.
(6)An organization providing coffee, other beverages or cookies may receive donations.
(7)An organization may post signs identifying the organization and the activity, provided that each sign is not more than 10 square feet in area and there are not more than two signs. The signs may be placed only on vehicles used in connection with the provision of beverages and cookies or located in the area designated for the activity.
(8)The department may revoke the permit of any organization that fails to comply with the provisions of this section or with rules adopted by the department to implement the provisions.
(9)Rules adopted by the department under this section do not apply to roadside rest areas managed by the Travel Information Council pursuant to ORS 377.841 (Roadside rest areas). [1993 c.738 §3; 2005 c.256 §1; 2012 c.63 §9]
Atty. Gen. Opinions
Use and distribution of State Highway Fund, (1975) Vol 37, p 599