Our featured PDX pub is:
The Guild Public House
"Good Atmosphere, Good Food, Good People"
1101 E. Burnside, Portland, OR  97214-1853 - map/directions
503-236-6133
Website: http://theguildpub.com/
Owners: Jesse Cornett and Molly Aleshire
Facebook page

Open Mon-Thu 4pm-12am; Fri-Sat 4pm-1am; Sun 4pm-11pm Tram: Lloyd Center/NE 11th Ave MAX Station

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My opinion on the latest OLCC curfuffle. The OLCC appears to be suffering from an extreme case of cervical hyperflexion deformity which can lead lead to temporary blindness.  - Christopher Pierce, DC

Below is a great article summing things up by By Scott Hammers of theThe Bulletin.

BEND — The Oregon Liquor Control Commission's new interpretation of an old law has put homemade beer and wine in the spotlight, effectively banning judged competitions, home-brewing club tasting nights, and even the taking of a six-pack of home-brewed beer to a neighbor's barbecue.

At issue is ORS 471.403, a statute that forbids the production of alcoholic beverages by anyone not licensed by the OLCC. But it "does not apply to the making or keeping of naturally fermented wines and fruit juices or beer in the home, for home consumption and not for sale."

Citing the new interpretation of the phrase "home consumption," the Oregon State Fair has canceled this year's beer and wine competitions. The wine competition has been a fixture at the fair for 31 years, the beer contest for 22 years.

Rachel McIntosh, director of open class exhibits for the Deschutes County Fair, said that unless she's explicitly notified by the OLCC that beer and wine contests are out, the county fair will be accepting entries for the fair later this month.

"Somebody's opened a can of worms," McIntosh said. "We've done this for a long time, and it's probably been a law forever, but somebody opened the can and stirred the pot."

Representatives of the OLCC did not return calls for comment. On the agency's official blog, a July 2 posting states that the OLCC's current interpretation of the law came through a recent analysis of the statute by the Oregon Department of Justice.

"The Department of Justice's guidance certainly requires us to look at the competitions in a different way than we have before," the posting read. "It's completely understandable that home beer and wine makers would be disappointed."

Brett Thomas, past president of the Central Oregon Homebrewers Organization, or COHO, said clubs and competitions have played a big part in helping him hone his skills in the 13 years since he began home-brewing.

Now a professional brewer for Silver Moon in Bend, Thomas said COHO has about 75 registered members. He said there may be as many as 900 home-brewers in Central Oregon.

Thomas said he was surprised to learn that the law appears to forbid what he and others have been doing for years.

"As a home-brewer — participating at club meetings, club campouts, competitions — really, the last thing on your mind is, 'Hmm, is this OK with the OLCC?'" he said. "Most of us view the OLCC as a state agency to enforce alcohol laws related to businesses, not what home-brewers are making in their garages and stovetops."

A handful of home-brewers from around the state have formed the Oregon Homebrewers Alliance to lobby the OLCC and legislators to change the law. Denny Conn, one of the founding members, said the growing popularity of home-brewing has led to the discovery and repeal of antiquated liquor laws in other states in recent years.

Conn said legislators and OLCC representatives he's talked to seem largely supportive of changing the law.

"At this point, writing angry letters to the OLCC might be understandable, but it's probably not helpful," he said.

State Rep. Judy Stiegler, D-Bend, and her Republican challenger, Jason Conger, both said they would support rewriting the law when the Legislature meets next January.

"I, for one, would certainly be in favor of coming up with a fix for that, absolutely," Stiegler said. "That probably goes back to the days of bootlegging, for goodness' sakes."

Stiegler said it may be possible for the Oregon Attorney General's Office to figure out how to create a "short-term administrative fix" for the OLCC, allowing home-brewing contests and clubs to carry on until the law is changed.

Conger agreed.

"That should be a simple, non-controversial thing to fix, and it certainly would be appropriate for the Legislature to clarify it for the agency and the home-brewers so they can continue to enjoy their activity," Conger said.

Saturday morning, Thomas and other COHO members gathered at the Bend home of Jeremy Holbrook for a group brewing project. As club members inventoried ingredients for a Belgian-style saison and repaired the valves on a keg filled with dark wheat beer waiting on ice, Holbrook said he's not too concerned the OLCC will crack down on the club's activities. Still, he said, it seems "ridiculous" that the law should distinguish between his drinking a beer brewed down the street at his friend's home and one brewed in his own backyard.

"The way the law reads, it's 'in the home,' but it doesn't say whose home," Thomas said. "I guess you could brew in a church, since that's the house of God."

Tom Gilles, owner of The Brew Shop in Bend, said enforcement of the law could present a problem for him and for COHO, which customarily gathers at his shop on Division Street for its monthly meetings.

Because Gilles has a liquor license that allows him to serve a few beers on tap, home-brew tastings and bottle exchanges at club meetings could jeopardize his license.

Gilles said the club has held its annual home-brewing contest every spring but that future contests could be put on hold. Brewers and clubs are reluctant to ask the OLCC for clarification, he said, out of concern that doing so could draw attention to their no-longer-legal activities.

"I'm not sure how that's going to affect us next year," Gilles said. "It's almost one of those things where you're afraid to ask questions."

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OLCC beer delivery status as of 2011:

Article by Christopher Pierce, DC

As of 2010 the OLCC's current rules on beer delivery:

OREGON LIQUOR CONTROL COMMISSION
MALT BEVERAGE DELIVERY PRIVILEGE
Application for Same-Day and Next-Day Delivery to Oregon Residents
____________________________________________________________________________
I certify that I will only make same-day delivery or next-day deliveries of malt beverages as allowed in Oregon
Administrative Rule (OAR) 845-006-0396. (See rule language included with this form). I understand:
• I must keep records, for at least 18 months, of the amount of alcohol delivered to each Oregon resident.
• I may deliver only malt beverages and only in manufacturer-sealed containers. A container must not hold more
than 2¼ gallons.
• I may deliver malt beverages only for personal use and only to Oregon residents who are at least 21 years old
and are not visibly intoxicated.
• The label must state that the package contains alcohol and that a signature of a person age 21 years or older is
required for delivery.
• I will use an approved for-hire carrier or, if not, I will ensure that the deliverer is at least 18 years of age. The
deliverer must verify the age of the recipient, determine that the recipient is not visibly intoxicated and must keep
a record of the transaction by recording the date
• I may only make a same-day delivery if I receive the order by 4:00 pm. I cannot make a same-day delivery after
9:00 pm. I understand that the following quantity limits apply to a same-day delivery:
• I may deliver unlimited amounts of malt beverages if I receive the order before 9:00 am.
• If I receive an order between 9:00 am and 4:00 pm, I cannot deliver more than 5 gallons of malt beverages
to a resident per day, unless alcoholic beverages are 25% or less of the total retail cost of the order (at
least 75% of the order must be other items.)

845-006-0396
Requirements for Same-Day and Next-Day Retail Delivery of Malt Beverages to a Resident of Oregon
This rule sets the requirements for same-day and next-day delivery of malt beverages to a resident of Oregon.
A licensee must be approved by the Commission under OAR 845-005-0420 in order to provide same-day
delivery of malt beverages.
(1) A licensee qualified to make same-day or next-day delivery of malt beverages under OAR 845-005-0420
must ship:
(a) Only malt beverages and only in a manufacturer-sealed container. A container must not hold more than
two and one-quarter gallons;
(b) Only to a resident of Oregon who is at least 21 years of age and only if the malt beverage is for personal
use and not for the purpose of resale;
(c) Only for delivery to a resident who is not visibly intoxicated at the time of receiving the alcohol;
(d) The malt beverage in a package that is conspicuously labeled with the words “Contains alcohol: signature
of person age 21 years or older required for delivery” or similar language approved by the Commission;
(e) Only pursuant to an order for the malt beverage that is received by the licensee prior to shipment of the
alcohol;
(f) Only for next-day delivery unless the licensee has been approved for same-day delivery by the
Commission; and
(g) Only to a home or business where the home or business has a permanent street address.
(2) A licensee must retain a record for a minimum of eighteen months of the amount of alcohol contained in
the shipment to the resident.
(3) If the licensee ships via a for-hire carrier, in addition to complying with sections (1) and (2) of this rule, the
licensee must use a for-hire carrier with a plan approved by the Commission under OAR 845-005-0424.
(4) If the licensee does not use a for-hire carrier, in addition to complying with sections (1) and (2) of this rule,
the person delivering the malt beverage must:
(a) Be age 18 or over;
(b) Verify by inspecting government-issued photo identification that the person receiving the alcohol is at least
21 years of age;
(c) Determine that the person receiving the alcohol is not visibly intoxicated; and
(d) Collect information that must be retained by the licensee for a minimum of eighteen months from the date
of delivery of the alcohol to the resident. The information may be collected and retained electronically (if the
licensee so chooses) and must include:
(A) The date and time the alcohol was delivered to the resident;
(B) The name or information which can be used to determine the name of the person delivering the alcohol to
the resident; and
(C) The name, signature, and delivery address of the person receiving the alcohol.
(5) Same-day delivery. If the licensee is approved to make same-day delivery of malt beverages, in addition to
complying with sections (1), (2), and either (3) or (4) of this rule, the licensee must:
(a) Receive the order from the resident no later than 4:00 pm on the day the order is delivered, ensure that
the malt beverage is delivered before 9:00 pm, and deliver not more than a total of five gallons of malt beverage
per day to a resident of Oregon; or
(b) Receive the order from the resident no later than 4:00 pm on the day the order is delivered, ensure that
the malt beverage is delivered before 9:00 pm, and may deliver an unlimited amount of malt beverage if the
alcohol accounts for no more than 25 percent of the retail cost of the order (at least 75 percent of the retail
cost of the order must be items other than alcohol); or
(c) Receive the order from the resident no later than 9:00 am on the day the order is delivered, ensure that
the malt beverage is delivered before 9:00 pm, and may deliver an unlimited amount of malt beverage.
(6) Sanction. A violation of any section of this rule is a Category III violation.
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1) & (5)
Stats. Implemented: ORS 471.305
Hist.: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01; OLCC 7-2003(Temp), f. & cert. ef. 5-20-03 thru 11-16-03;
OLCC 12-2003, f. 9-23-03, cert. ef. 11-1-03; OLCC 23-2007(Temp), f. 12-14-07, cert. ef. 1-1-08 thru 6-28-08;
OLCC 6-2008(Temp), f. & cert. ef. 4-18-08 thru 6-28-08; OLCC 8-2008, f. 6-12-08, cert. ef. 6-29-08

Relevant beer info links and sources:

http://www.oregonlive.com/politics/oregonian/index.ssf?/base/news/1213327526226630.xml&coll=7

http://www.bakercityherald.com/Editorials/Liquor-commission-delivers-a-stinker

http://www.oregon.gov/OLCC/docs/liquor_license_and_license_process/malt_beverage_delivery_privilege_same_day_next_day_version2.pdf

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Don't hold me or the watering holes I write about responsible for typos.