OREGON LIQUOR CONTROL COMMISSION WRITTEN PROPOSAL FOR A FULL ON-PREMISES SALES LICENSE COMMERCIAL ESTABLISHMENT Please Print or Type Trade Name (dba): ________________________________________________________________________ _ City: ____________________________________________________________________________________ I will offer at least five different meals during my regular meal period. My regular meal period must last at least 3 hours if my business is open past 5 PM, and must last at least 2 hours if my business is not open after 5 PM. My regular meal period will be from _______________ to _______________. (start time) (end time) My menu for this regular meal period is attached At all other times I will make at least five different substantial food items available in all areas where alcohol service is available. Substantial food items are food items that are typically served as a main course or entrée. Some examples include but are not limited to fish, steak, chicken, pasta, pizza, sandwiches, dinner salads, hot dogs, soup and sausages. My menu of substantial food items is attached; or My entire menu is available during all hours that alcohol service is available. (number) indoor dining seats at tables During my required meal period, I will have at least or food counters. This seating will be in areas of the licensed premises regularly open to the general public. (Note: Seats at counters in entertainment areas, seats at bars, and seats in outdoor areas do not qualify as dining seating.) I have attached a floor plan showing the seats at tables, counters and bars in indoor and outdoor areas where alcoholic beverages will be sold, served, or consumed at my business. I understand that I must make food available to patrons in all areas where alcohol service is available. I understand that discouraging food service is a violation of OAR 845-006-0466. Examples of discouraging food service include not taking, preparing, or delivering a food order in a timely manner; over-pricing food for the clientele of my business; offering or serving unpalatable food; failing to provide required food service; and failing to provide a food service menu in a timely manner when requested by the patron. I understand that if my answers are not true and complete, the OLCC may deny my license application. Signature: _____________________________________________ Date: ____________________ ____ 1-800-452-OLCC (6522) www.oregon.gov/olcc (rev. 05/09) American LegalNet, Inc. www.FormsWorkFlow.com 845-006-0459 - Definitions As used in OAR 845-006-0459 through 845-006-0469: (1) “Substantial food items” means food items prepared or cooked on the licensed premises and that are typically served as a main course or entrée. Some examples could include but are not limited to items such as fish, steak, chicken, pasta, pizza, sandwiches, dinner salads, hot dogs, soup and sausages. Side dishes, appetizer items, dessert items, and snack items such as popcorn, peanuts, chips and crackers do not qualify as substantial food items. (2) “Meal” means a substantial food item offered together with at least one side dish or a substantial food item with two or more side dishes available to order separately. Side dishes include but are not limited to vegetables, fruit, salad, rice, french fries and bread. (3) “Different” means substantial food items that the Commission determines differ in their primary ingredients or method of preparation. For example, a turkey sandwich differs from a salami sandwich, a beef burger differs from a turkey burger, a pepperoni pizza differs from a cheese pizza, and fried chicken differs from baked chicken. Different sizes of the same item are not considered different under this rule. For example, a large cheese pizza is not different from a small cheese pizza and a large hot dog is not different from a small hot dog. (4) “Dining seats” means seating at indoor tables or food counters as defined in OAR 845-006-0340(2)(j) located in areas of the licensed premises regularly open to the public where the Commission determines that each table top or seating area provides a minimum space that will accommodate a place setting consisting of a plate or dish, glassware, napkin and utensils for each seat. 845-006-0460 - Food Service at Commercial Establishment with Full On-Premises Sales License (1) Purpose: The Oregon Liquor Control Act allows licensed commercial establishments with food service to sell distilled spirits by the drink. ORS 471.001(2) defines a commercial establishment as a place of business open to the general public, or else a private golf club or athletic club, where food is cooked and served, which has adequate kitchen facilities for the preparation and serving of meals and which has for that purpose proper dining space. This rule sets the food service requirements for commercial establishments with a Full On-Premises Sales license. The applicant has the burden of proving it meets the standards and qualifications of this rule and OAR 845-006-0466. (2) Food Service at Required Meal Periods. (a) A business open after 5:00 pm must make available to its patrons in all areas where alcohol service is available an offering of at least five different meals during a regular meal period which must last at least three hours. At least three out of the five different meals used to meet the minimum meal requirement must include a main course or entrée (substantial food item) which has been prepared or cooked on the premises in some manner beyond the simple re-heating of a pre-cooked frozen food or carry-out item obtained from a business other than the licensed premises. A business may have fewer than five different meals in the premises or in an area if the Commission determines that the clearly dominant emphasis in the premises or in the area is food service after 5:00 pm. (b) A business not open after 5:00 pm must make available to its patrons in all areas where alcohol service is available an offering of at least five different meals during a required meal period which must last at least two hours. At least three out of the five different meals used to meet the minimum meal requirement must include a main course or entrée (substantial food item) which has been prepared or cooked on the premises in some manner beyond the simple re-heating of a pre-cooked frozen food or carry-out item obtained from a business other than the licensed premises. A business may have fewer than five different meals in the premises or in an area if the Commission determines that the clearly dominate emphasis in the premises or in the area is food service before 5:00 pm. (c) One method for showing that the clearly dominant emphasis in the premises or in the area is food service is for the Commission to determine that the gross receipts from the sale of meals and substantial food items to patrons for consumption in the premises or in the area exceed or are reasonably expected to exceed the gross receipts from alcohol sales when alcohol service is available. (3) Minimum Food Requirement at Times other than Required Meal Periods. At all times other than required meal periods and in all areas where alcohol service is available, businesses must make available to their patrons an offering of at least five different substantial food items. (4) Dining Seats during Required Meal Periods: The licensed premises must have at least 30 dining seats during required meal periods. Seats at counters in entertainment areas and at bars as defined in OAR 845-006-0340(2)(i) do not qualify as dining seating. A premises may have less than 30 dining seats if the Commission determines that the clearly dominant emphasis of the premises is food service as described in section (2)(c) of this rule at all times and in all areas where alcohol service is available when open to the public. (5) Violation of any section of this rule is a Category III violation. American LegalNet, Inc. www.FormsWorkFlow.com