Increase in Penalties for Certain Types of Unlawful Activity: A Recent OLCC Rule Change

The OLCC recently adopted amendments to OAR 845-006-0347 that increased the sanctions for certain types of unlawful activity that a licensee permits to occur on the licensed premises. Before the amendment, violations involving permitting unlawful activity on the premises were category III violations. Now, violations that involve death, serious physical injury, use or attempted use of a deadly weapon, or certain sexual offenses are category I violations. Violations that involve the use of a dangerous weapon with intent to cause death or serious physical injury are category III violations.

What does this mean to licensees? If a situation arises in which any of the types of unlawful activity described above appear imminent or are occurring, licensees should take immediate action to prevent them from occurring. Hoping that the situation will resolve itself or waiting to call the police until it’s too late can result in serious consequences. Licensees that have reason to believe that patrons may be brining weapons onto their premise may want to consider policies that ban weapons on the premises and the use of screening methods to prevent patrons from bringing them into the premises. Establishing solid house policies coupled with consistent training can help prevent problems, including those addressed by this rule.