Or. Admin. R. 845-006-0485

Current through Register Vol. 63, No. 8, August 1, 2024

Section 845-006-0485 - Public Passenger Carrier Notification of Additional Premises

(1) ORS 471.182(2)(a) allows the Commission to issue a Full On-Premises Sales license or Limited On-Premises Sales license to the owner or operator of an airline for use in operating passenger aircraft, to a railroad corporation for use in operating passenger trains, or to a tour boat owner or operator for use in operating tour boats.

(2) Tour boat licensees licensed under ORS 471.182(2)(c) may add additional tour boats to be operated under the license upon giving the Commission written notice at least ten days before adding any additional vessel, which must itself qualify for licensing under ORS 471.182, and comply with the food service standards of 845-006-0463 if the license is a Full On-Premises Sales license.

(3) Railroad corporation licensees licensed under ORS 471.182(2)(b) may add additional trains to be operated under the license, provided the additional trains comply with the food service standards of OAR 845-006-0463 if the license is a Full On-Premises Sales license. If the additional train is operated primarily as a tour train the operator must give at least ten days advance written notice to the Commission before adding the train for operation under the existing license.

(4) Pursuant to ORS 471.182(4), commercial airlines licensed under ORS 471.182(2)(a) may request approval from the commission to designate off-site storage facilities for the storage of alcohol. More than one commercial airline may use the same designated storage facility.

(a) "Designated Storage Facility" means a facility designated by a commercial airline holding a full on-premises passenger carrier (F-PC) license situated at a location other than the primary premises address listed on the commercial airline's F-PC license certificate where the airline will store alcohol intended for sale to ticketed passengers aboard the licensee's aircrafts and that has been approved for such storage by the Commission. The commercial airline F-PC licensee is not required to own or lease the designated storage facility.

(b) "Facility Operator" means a person or entity operating a designated storage facility as the agent of a commercial airline holding an F-PC license. A facility operator meeting the terms of OAR 845-005-0311(6) shall not be required to serve as a co-licensee on the commercial airline's F-PC license.

(c) "Segregated" means not commingled with inventory of another commercial airline licensee's alcohol items stored at the designated storage facility. Examples of how segregation of alcohol inventory could be accomplished include palletization of the alcohol inventory according to licensee or discrete stalls or spaces reserved for individual licensee inventory.

(d) A commercial airline that holds an F-PC license who is seeking approval of a designated storage facility must:

(A) Complete any application forms required by the Commission;

(B) Submit any schematic, floor plan, operational plan, or other document for the facility requested by the Commission;

(C) Receive approval from the Commission for the designated storage facility prior to storing alcohol at the facility;

(D) Confirm that if the facility operator stores alcohol for other airlines at the facility, the alcohol inventory of each commercial airline holding an F-PC license remains segregated;

(E) Ensure that records as required by OAR 845-006-0435 will be available for inspection by the Commission with respect to deliveries made to the commercial airline F-PC licensee at the designated storage facility; and

(F) Ensure that the designated storage facility will be accessible to the Commission for inspection at any time.

(e) Once a designated storage facility is approved, a commercial airline holding an F-PC license may only conduct the following activities with respect to alcohol stored at the approved designated storage facility:

(A) Accept delivery of alcohol from qualified Oregon licensees, permittees, or Oregon retail liquor stores. The facility operator may accept alcohol on behalf of the commercial airline holding an F-PC license, provided that payment has been made by the commercial airline holding an F-PC license to the Oregon licensee or retail store prior to delivery and in compliance with ORS 471.485 and OAR 845-013-0020;

(B) Store alcohol owned by the commercial airline holding an F-PC license; and

(C) Remove alcohol for subsequent retail sale to the airline's ticketed passengers while aboard one of its commercial airplanes.

(f) At the designated storage facility, a commercial airline holding an F-PC license may not:

(A) Collocate at the designated facility with a liquor license or a marijuana license;

(B) Commingle alcohol owned by the approved commercial airline F-PC licensee with alcohol owned by any third-party at the designated storage facility;

(C) Use the designated storage facility to store alcohol for any other license held by the commercial airline F-PC licensee that has not been approved for alcohol storage at the location;

(g) Nothing in this rule limits or prohibits the way in which non-alcohol items may be stored at the designated storage facility.

(h) Any violation of this rule could result in revocation of the designated storage facility approval. In addition to or in lieu of revocation, the Commission may take administrative action against the commercial airline F-PC licensee. In the event that there is more than one commercial airline F-PC licensee storing alcohol at a designated storage facility, any violation charge will be specific to the commercial airline F-PC licensee whose conduct constitutes a violation. A violation of this rule is a Category IV violation.

Or. Admin. R. 845-006-0485

OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01; OLCC 16-2019, amend filed 12/27/2019, effective 1/1/2020

Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5)

Statutes/Other Implemented: ORS 471.175, 471.182 & 2019 OL Ch. 373