Skip to main content

The truth about Food Carts - today

by Joy Spencer


Recent media attention has raised questions by many about a booth operated by the Oregon Bartenders’ Guild that is selling hard liquor.  Hopefully we can clear up some of the confusion as to how allowing this booth to temporarily sell alcohol is different than issuing an annual license to a food cart.   

For years, OLCC has allowed food carts or “open-air booths” to have temporary sales licenses.  What we believe caught the attention of the news media is that this particular temporary sales license is positioned in a popular food cart area in Southeast Portland. Given the timing of the OLCC’s current discussion of what legal options are available in regard to issuing annual licenses to food carts - we can understand the reporters’ confusion. 

There will be an informational presentation on the topic of issuing an annual license (like that issued to a bar or restaurant) to a food cart during the Commission this month in Bend.  How the Oregon Bartenders’ Guild’s booth differs is that this is a temporary sales license (what we commonly refer to as a TSL).  The Oregon Bartenders’ Guild (a nonprofit organization) approached the OLCC with the concept in September to see if what they were proposing was allowed.

Operation of a TSL at an outdoor event is used across the state, however, it is most commonly used to serve beer and wine.  That being said, selling distilled spirits is not new.  The OLCC has issued other temporary licenses to vendors who sell distilled spirits at events such as rodeos, Cinco de Mayo, and the Fall Festival in Bend.

The Oregon Bartenders’ Guild booth is separated from the other food vendors by stanchions. Unlike what was suggested in the articles, there are no jell-o shots being served by this vendor.  Enforcement personnel visited the vendor at different times last weekend.  Reports were that the licensee was doing all of the things they promised to do.  Staff observed the licensee checking ID and there was no one within the licensed area who appeared to be underage or visibly intoxicated.

In communication with the licensee’s Event Director, he has assured staff that they have and will continue to “monitor people’s alcohol intake to a total degree.”  He went on to share that they are neither encouraging nor allowing people to drink to excess.

Here is some additional information to help frame how the Oregon Bartenders’ Guild’s TSL works:

•          The Oregon Bartenders’ Guild has been granted a Temporary Sales License (TSL)
•          A TSL allows the sale of distilled spirits, malt beverages, wine, and cider for drinking on the licensed premises.
•          A TSL also allows for the sale of factory-sealed containers of malt beverage, wine, and cider for drinking off the licensed premises
•          Food must be available in all areas where alcohol consumption is allowed, but the food service requirements are different for a temporary as compared to an annual license
•          OLCC charges $50 per day for a TSL license
•          Max 31 days for the license – However, they could be granted an additional 29 days for the temporary license if they meet the requirement for an annual license
•          Oregon Bartenders’ Guild is a non-profit organization that is registered with the state of Oregon
•          A non-profit organization with a TSL may receive donated alcohol products from a manufacturer/wholesaler
•          A non-profit organization with a TSL is exempt from the service permit requirement IF they attend a licensee-provided training and sign the OLCC brochure “What Every Volunteer Alcohol Server Needs to Know” (Although, The Oregon Bartenders’ Guild has service permit holders serving the beverages)


Additional information:
Factors used to assess special events:
http://www.oregon.gov/OLCC/docs/liquor_license_and_license_process/specialsaleslicenses.pdf\

Special Events/Temporary Sales Licenses
http://www.oregon.gov/OLCC/LIC/special_event_licenses.shtml#Special_Events_Temporary_Sales_Licenses_

Guidelines for Nonprofit Organizations and Special Events with Alcohol
http://www.oregon.gov/OLCC/docs/liquor_license_and_license_process/tsl_guidelines_rev0111.pdf

Labels:

Comments

  1. Hoke HardenOctober 24, 2011 at 5:04 PM

    I commend the OLCC for allowing this TSL to function as it did. I visited the OBG Cart and found it to be strictly enforced (as in, being carded when over 60 years old!) with great diligence, and the staff being extremely observant of their guests.

    I also observed quite a few customers who were enjoying an evening cocktail, in moderation and without in any way abusing alcohol or creating any problem. I would like seeing more "carts" of this type in appropriate places in Oregon.

    ReplyDelete
  2. Liquor LicensingNovember 11, 2011 at 11:39 AM

    Just the article I've been looking for - thanks so much for sharing!

    ReplyDelete

Post a Comment

Popular posts from this blog

Can I see your ID, please?

From time to time, we receive questions on whether the OLCC requires anyone buying or being served alcohol to have a valid ID on them. The OLCC requires licensees to check ID of anyone who reasonably appears 26 years old or younger. An establishment might have a restriction on their liquor license due to a history of serving alcohol to minors or allowing minors in prohibited areas. In this case, it could be that a licensed business is required to check the ID of every person entering the establishment or being sold/served alcoholic beverages. Or, a business can choose to have a stricter ID policy than what the state requires. If you’re at a restaurant with your underage friend or relative, you might not be served - even if you have the ID to show you’re of age. Some businesses will refuse service if they suspect that you might furnish the alcoholic beverage to a minor at your table. Current accepted forms of ID include a valid state driver license with a photo; a valid DMV ID card wit...
109 comments
Read more

Who has the lowest liquor prices?

by Christie Scott You may have heard some say that liquor is cheaper in California. The facts are that only a handful of products are significantly lower, while most products are very competitive. In fact, after you’ve added in the California sales tax, many popular products in Oregon are actually less expensive. Many retail stores in states like California use a sales tactic called “loss leaders.” This is the practice of drastically marking down a few popular, fast-moving products to entice customers into coming into the store and purchasing other products. But then other products are likely marked higher to make up the cost difference. The OLCC does not use these techniques to entice people into liquor stores. For public safety reasons, the state does not try to encourage alcohol sales or try to entice people into the stores. The most common size bottle sold in Oregon is 750 ml also known as "fifths." Most people who purchase alcohol purchase this size - a...
24 comments
Read more

Self-serve alcohol not allowed under Oregon statute

The perspectives on self-serve are derived from years of study into public safety and the positive effects of human interaction during alcohol purchases. Recently, a new product, the Enomatic Wine Preservation System has appeared in the Northwest. The machine provides a longer shelf-life and a measured pour, reducing waste and saving money. An extra feature is the Enomatic Wine Card, which allows a patron to purchase a pre-paid card then self-serve their wine at the machine. Every Oregon business that serves alcohol is required by Oregon statute to have a person with a valid service permit sell, mix and dispense alcoholic beverages. As long as a valid service permit holder dispenses the wine, the Enomatic Wine Preservation System is legally compliant. Several machines are currently being used in Oregon, but they are behind the bar and are operated legally by servers with valid permits. It is worth mentioning that the Enomatic Wine Card can also serve a function behind the bar to pre...
12 comments
Read more