UO Annual Law of Beer & Wine Event
I had the pleasure of sharing my knowledge of beer and wine law with a fantastic group of UO law students last night. We had an engaging discussion of the practice of law in this space, common legal concerns of businesses in this space, and current issues of interest.
I’d like to thank my co-panelists for their contributions to the success of the event:
I also enjoyed sticking around for the next panel and appreciated the experience and hard earned wisdom shared by Mark Williams—the owner of Oregon Wine Lab—and Edward Fus—owner of Angel Vine. After listening to Mark and Ed, I’ll be stopping by their tasting rooms soon and recommend you do the same!
I hope that the students got as much out of the presentations and Q&A sessions as I did.
The OLCC Commissioners met on Thursday and decided to expand a successful pilot program that had allowed four liquor stores to sell beer and wine, in addition to distilled spirits. The pilot program was successful and well received by the public.
Expect more liquor stores to start offering beer and wine going forward.
Oregon licensees may elect to purchase age verification equipment (“AVE”) instead of receiving the standard sanction for a first or second Category III or III(a) under certain circumstances. The licensee must purchase and use the AVE in order to qualify for the reduced sanction. The change clarifies the definition of “equipment” and does not represent a material change in OLCC practice.
For more information about the rule change, click here.
The OLCC is in the process of clarifying and streamlining its rules that specify when the agency has a basis to deny a service permit application and when “good cause” exists for overcoming such denial criteria. The proposed changes are consistent with the OLCC’s regulatory goals and should not be unduly burdensome to future service permit applicants.
The denial criteria would be broken into three general categories:
1. Felony Convictions.
2. DUII’s and Liquor Law Violations.
3. Habit of Using to Excess.
Felony convictions that could serve as a basis for denying a service permit application include convictions involving drugs, violence, or driving while suspended. The rule is drafted broadly to include such convictions under both Oregon and non-Oregon law. The Commission would look back two years for individuals with a single felony conviction and four years for multiple felony convictions from the date that the Commission receives an application.
DUII and liquor law violations include both felony and misdemeanor convictions. The rule is drafted broadly to include convictions related to or involving alcohol generally. The Commission would deny an application if the applicant had two or more such violations provided that at least two of them occurred within four years of the date that the application was received.
The Commission will determine that the applicant has a “habit of using to excess” based on a number of factors. The Commission will deny a service permit if the applicant has two or more drug or DUII convictions, or diversions, provided that at least two of incidents occurred within five years of the date the Commission received the application and at least one occurred within the last 12 months.
“Good Cause” largely would turn on whether the applicant had a drug or alcohol addiction problem at the time of the incidents that are the basis for the denial criteria. The applicant would have the burden of establishing good cause by providing the following:
1. Evidence of drug or alcohol addiction problems;
2. Sworn statement that the applicant has not used alcohol or controlled substances in the preceding 12 months;
3. Written proof of completion of a treatment program and continuing compliance with any treatment recommendations; and
4. Evidence that the applicant is complying with any probation requirements (if applicable).
To learn more about the rule making, click here.
Governor Kitzhaber named Rob Patridge as chairman of the OLCC today. Patridge is currently the district attorney for Klamath County and has been the interim chairman of the Commission for just under a year. Patridge has what it takes to bring the stability and direction to the Commission that has faced numerous challenges over the last several years.