OLCC NEWS RELEASE: Commissioners adopt new liquor rules, issue sanctions for liquor law violations and approve liquor licenses

OLCC NEWS RELEASE

  

For more information:                                                     

Christie Scott, Public Affairs Specialist, (503) 872-5002

Christie.scott@state.or.us, www.oregon.gov/olcc

Tuesday, December 6, 2011

   

 

 

OLCC Commissioners adopt new liquor rules, issue sanctions for liquor law violations

and approve liquor licenses 

 

PORTLAND, Ore. – At their monthly meeting on December 1, the Commissioners of the Oregon Liquor Control Commission voted to amend or adopt the following rules:

OAR 845 Division 15, Retail Store Package - The rule changes in this package update the resignation buy-out program for contracted liquor agents and add flexibility to accommodate future pilot programs for retail liquor stores. The Commissioners voted to defer a final decision on allowing corporations to apply to be retail liquor store agents as well as building more flexibility into the retail store classification process. These rule changes will come before the Commissioners during the March 2012 Commission meeting.

 845-015-0101 Definitions 

845-015-0190 Resignation Buy-Out Program for Retail Sales Agents 

845-015-0196 Appointment of a Temporary Retail Sales Agent or Operation by Commission Staff 

845-015-0120 Pilot Programs 

 

OAR 845-009-0135, Responsible Vendor Program – This amendment brings the rule into compliance with new legislative language that changes the definition of “retail licensee” for the purpose of who may participate in the Responsible Vendor Program. The rule changes also include some minor amendments to required postings.

OAR 845-005-0425, Qualifications for Wine Self-Distribution Permit for Wine and Cider – This rule describes the qualifications necessary for an out-of-state manufacturer to obtain a Self-Distribution Permit, which allows the permittee to ship wine or cider they manufacture directly to Oregon retail licensees. This rule has been amended to bring it into compliance with the legislature’s passing of HB 2147, eliminating the statutory requirement to provide a true copy of an applicant’s manufacturing license.    

OAR 845-015-0120, Retail Sales Agent Selection Procedure – This rule describes the Commission’s standard procedure for seeking applications from the public to fill a retail sales agent vacancy. The amendment provides greater flexibility in advertising methods, beyond just printed newspaper ads.  

OAR 845-015-0185 Special Orders for Distilled Spirits – This rule describes the Commission’s procedures for special orders for distilled spirits by customers. This amendment brings the rule into compliance with the language of SB 944 which eliminates the one case minimum order requirement in some circumstances.

 

The Commissioners ratified the following stipulated settlements:

Portland Wine Merchants, 1430 SE 35^th St., Portland; will pay a fine of $10,890 or serve a 66-day liquor license suspension for six violations of permitting unlawful activity on the licensed premises by allowing an individual to sell bottles of wine to the licensee without the appropriate wholesale liquor license. Licensee is Portland Wine Merchants, Inc.; Ralph “Rory” Olson, corporate principal.

Sharkbites Seafood Café, 240 S. Broadway, Coos Bay; will serve a 30-day liquor license suspension for selling or offering the sale of alcoholic beverages in a manner other than what the license permits when they sold and served alcoholic beverages at a different address without getting the appropriate liquor license to do so. Licensees are Lia Deatherage and Brian Menten.

Kin’s Bar & Grill, 180 West 3^rd Street, Lafayette; will serve a 21-day liquor license suspension for an employee being under the influence of intoxicants while on duty at Kin’s Bar & Grill. The licensee also received a warning for unlawful activity when a customer possessed marijuana on the licensed premises. Licensee will also receive a Letter of Reprimand that will remain on the licensee’s permanent OLCC file for allowing five visibly intoxicated people to consume an alcoholic beverage on the licensed premised after observing that they were visibly intoxicated. Licensee is Choi’s Corporation, Chong Kin Choi and Linh Hoang, corporate principals.

Darcelle XV, 208 NW 3^rd Ave., Portland; will pay a fine of $7,095 or serve a 43-day liquor license suspension for two violations. The first violation is for permitting disorderly activities on the licensed premises when they pushed and yelled at two OLCC inspectors and a Police Bureau cadet inside the licensed premises. The second violation is for failing to verify the age of a minor before allowing him to be served an alcoholic beverage when he reasonably appeared to be under 26 years old. Licensee will also install age verification equipment and will use the equipment to verify the age of every person purchasing alcohol who reasonably appears to be under 26. Licensee is Darcelle XV, LLC; Walter Cole, member.

For an employee(s) failing to verify the age of a minor before allowing him/her to buy or be served an alcoholic beverage when he/she reasonably appeared to be under 26 years old:

Hitchin Post Pizza, 458 SW 2^nd Ave., Estacada; will pay a fine of $4,125 or serve a 22-day liquor license suspension. Licensee is Hitchin Post Pizza, Inc.; Valerie Ballantyne, corporate principal.

F & F Grocery, 11712 SE Davis Loop, Prineville; will pay a fine of $330 or serve a two-day liquor license suspension. Licensees will also install age verification equipment and will use the equipment to verify the age of every person purchasing alcohol who reasonably appears to be under 26. Licensees are Faye Young and Frank Young.

 

The Commissioners approved the following liquor licenses:

Neighborhood Market #2, 152 Main Street W, Monmouth. Licensee is SNS Market, Inc.; Harnek S. Dhote, corporate principal.

The Spot Sports Bar & Grill, 18855 SW TV Hwy., Aloha. Licensee is LYC, LLC; Rekha Luy, Autumn Yongchu, and Makarano Yim, members.

 

The five citizen commissioners are the policy-making body of the OLCC. They meet monthly for one or two days to make decisions on liquor licenses, rules, contested case hearings and appointments of liquor store agents. Commission meetings are held every other month at OLCC's main office, 9079 SE McLoughlin Blvd., Room 103A in Portland. Subsequent months, the meetings are held via phone.  Agenda items can be obtained on-line at http://www.oregon.gov/OLCC/public_meetings.shtml