Purpose of Practice
To develop business “control plans” is to help licensees avoid committing liquor law violations. This helps protect the public safety and community livability.
Description of Practice
OLCC works with licensees to develop their control plans. A control plan details how the licensee will monitor his or her business to prevent liquor law violations. Control plans typically address operating business issues such as security, lighting, alcohol sales limits or practices, identifying minors, and the circumstances under which minors will be allowed on the licensed premises. Ideally, the licensee develops the plans with OLCC’s guidance. The plans include control measures that are: • clear (easy to understand and written in plain language that is not open to mis-interpretation) • measurable (you can tell when the control measure if being followed); • verifiable • enforceable (there are sanctions for not following the control plan) OLCC requires “minor control plans” for multi-use venues. The control plans explain where and when minors are permitted in the venue, and the control measures the applicant or licensee will use to prevent minors from obtaining alcohol. This is especially important when a drinking alcohol predominates in a multi-use venue, in order to minimize minors’ exposure to that drinking environment. The minor control plans for multi-use venues are detailed in the OLCC’s Minor Posting Rule, Oregon Administrative Rule (OAR) 845-006-0340 (8): 8) Minor Control Plan: (a) The minor control plan must explain where and when minors are permitted and the control measures the applicant or licensee will use to prevent minors from obtaining alcohol, prohibit minors when drinking alcohol predominates, and minimize minors’ exposure to a drinking environment. Examples of elements to be addressed in a minor control plan include but are not limited to: amount and type of bar equipment and accessories; alcohol advertising; how identification will be checked; methods for identifying minors or adults (such as with wristbands); lighting; ratio of licensee’s staff to patrons; drink identification; drink limits; container sizes; if minor patrons are allowed without parent or guardian; separation of minors from alcohol; types and amount of food service; defined times when minors are allowed; type of activity or entertainment; posting signs explaining where and when minors are allowed; addressing unique requirements of the premises, room, or area; addressing the history of compliance with liquor laws and rules at the premises, room, or area; the projected average age of attendees at the event; and a plan for dealing with issues that arise (such as a minor in a prohibited area, a minor with fake identification, a minor found with alcohol, etc.). Further guidance on the elements that may be required in particular circumstances is set forth in guidelines as developed by the Commission. (b) When the Commission approves a minor control plan that is the basis to assign a minor posting or temporarily relax a minor posting, the licensee must follow that minor control plan. Failure to follow that control plan is a Category III violation. (c) The licensee must keep the minor control plan that was the basis to assign a minor posting and last approved by the Commission on the licensed premises and make the minor control plan available at any time for immediate inspection by any Commission employee or any peace officer. Failure to comply with this requirement is a Category IV violation. (c) A licensee must use the minor posting signs provided by the Commission and place minor posting signs in full public view as directed by the Commission. A licensee must immediately replace any altered, unreadable or missing sign. Failure to do so is a Category V violation. OLCC also requires control plans regarding monitoring and alcohol sales practices for businesses that have outdoor areas that cannot be visually monitored from inside the premises, and for tasting areas at on-premises businesses. Control plans are also an effective tool for preventing potential problems at new businesses, and for addressing existing public safety and livability problems at businesses that are experiencing a history of serious and persistent problems.
Success or Improvements
The control plans have helped articulate and clarify expectations and plans.
Name: Dan McNeal, OLCC Licensing Manager
Address: 9079 SE McLoughlin Blvd., Portland, OR 97222