Category: Legislation

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Oregon Liquor Control Commission Given Job of Regulating Recreational Marijuana

Following in the steps of Washington and Colorado, Oregon voters passed Ballot Measure 91 (PDF) on November 4, opening the door to legalized recreational marijuana in the state. Beginning July 1, 2015, the Control, Regulation and Taxation of Marijuana and Industrial Hemp Act allows Oregonians 21 years and older to possess up to eight ounces of dried … Continue Reading

New California General Industrial Storm Water Permit Slated For Adoption on April 1, 2014 May Hold Surprises for California’s Wineries, Breweries and Distilleries

Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents. This is the fourth (and likely final) version of the Draft Industrial Storm Water Permit, which is designed to replace the existing Industrial Storm Water Permit issued in 1997. The Draft Industrial Storm … Continue Reading

Initiative 522 Defeated in Washington

Based on preliminary results from Tuesday’s election, it appears that Washington State’s hotly debated Initiative 522 (I-522) concerning the labeling of genetically-engineered foods has gone the way of California’s Proposition 37. Washington officials reported on Wednesday, November 6, 2013 that voters had rejected the measure, 54% to 46%. California’s similar labeling measure, Proposition 37, was … Continue Reading

Oregon Liquor Control Commission Rulemaking Updates

The Oregon Liquor Control Commission (“OLCC”) is initiating rulemaking that would amend licensing requirements for outdoor areas and distilled liquor tasting. Outdoor Areas The OLCC has proposed two new rules to address the licensing qualifications and operating requirements for “exclusively outdoor areas,” or areas that do not abut a licensed building. The rule would apply … Continue Reading

Utah DABC Abandons “Intent to Dine” Rule

By Adrienne Bell and Catherine Parrish Lake The DABC unexpectedly decided to forgo adopting an administrative rule interpreting Utah’s “intent to dine” law.  As we discussed previously, the Commission was considering three draft rules that were intended to clarify the steps a restaurant licensee must take to confirm a patron’s intent to order food before … Continue Reading

“Intent to Dine” Rules under Consideration (Again) in Utah

By Catherine Parrish Lake and Adrienne Bell The controversy continues over Utah’s so-called “intent to dine” requirement for restaurants licensed to serve alcohol. As we previously discussed, the Utah Legislature amended the law to require restaurants to confirm that a patron has the intent to order food before serving an alcoholic drink. In response to the change, … Continue Reading

Oregon Senate Bill 841 Provides Some Certainty for Wineries but Leaves Some Wanting

Oregon Senate Bill 841 brings finality to the ongoing debate about the appropriate intensity of agri-tourism and other commercial events held at wineries on agricultural land. Looking forward, wineries permitted under ORS 215.452 are allowed to engage in activities that are directly related to the sale and marketing of wine without local review. These types … Continue Reading

Utah Legislative Wrap-Up on Alcohol Amendments

Only two proposed amendments to Utah’s Alcoholic Beverage Control Act passed during the most recent session of the Utah Legislature, which concluded on March 14th.  H.B. 240 passed earlier in the session and addresses the “intent to dine” issue we reported on previously.  Under the change, a restaurant licensee must confirm that a patron has … Continue Reading

Utah Legislature Considers Amendments to Alcohol Beverage Control Act

By Adrienne Bell and Catherine Parrish Lake Utah State Senator John Valentine (R) (Orem) has introduced a bill (S.B. 261) that may significantly affect alcohol operations if adopted.  S.B. 261 would require that all restaurant patrons must be “seated” to be served or consume a drink. Current law allows a patron to be served and consume … Continue Reading

Stoel Rives Opens Office in Washington, D.C.

We are pleased to announce that we have opened a satellite office in Washington, D.C. Our new address, effective immediately: Stoel Rives LLP 1020 19th Street NW, Suite 375 Washington, DC 20036 Phone: (202) 398-1795 / Fax: (202) 621-6394 The new office is headed by firm partner Greg Jenner, a former Deputy Assistant Secretary of … Continue Reading

Utah DABC Changes Alcohol Enforcement Policy

By Adrienne Bell and Catherine Parrish Lake Utah’s liquor control agency has started citing restaurants that serve alcoholic drinks to patrons before they order food.  The agency has shifted policy to now strictly interpret a key provision of Utah’s Alcoholic Beverage Control Act, which provides:             A full-service restaurant licensee may not sell, offer for sale, … Continue Reading

As Wine Industry Evolves, Local Regulation Remains King

Litigation concerning the direct shipment of wine has garnered a significant amount of attention in the years since the United States Supreme Court’s seminal decision in Granholm v. Heald. Generally speaking, these disputes have played out in the federal courts, far removed from the typical family winery. Although direct shipment will remain an important issue … Continue Reading

Washington State Liquor Control Board to Regulate Marijuana Following Passage of Initiative 502

Co-authored by Susan Johnson and Stephanie Meier Earlier this week, Washington Initiative 502 (I-502), a marijuana law reform measure which appeared on the November 2012 general ballot, won the popular vote passing by a margin of approximately 55% to 45%. As a result, beginning on December 6, 2012, the initiative that is now law will … Continue Reading

Spirits Retailers Can Now Deliver

WSLCB adopted a new rule that will allow spirits retail licensees to deliver spirits to customers that place orders in person, through the mail or over the phone, fax or internet.  This rule mirrors the beer and wine delivery privileges currently held by grocery store and beer/wine speciality shop licensees.  The rule will go into effect December 8, 2012, … Continue Reading

I-1183 Upheld

The Washington Supreme Court has upheld I-1183.  Here is a link to the opinion, the concurrence and the dissent.  We will follow up with additional analysis, but for now, you can plan your first trip to the grocery store to purchase liquor as early as tomorrow.… Continue Reading

Washington State Supreme Court Hears Oral Argument On Constitutionality Of I-1183

 by Hunter Ferguson Yesterday, the Washington State Supreme Court heard oral argument in Washington Association for Substance Abuse & Violence Prevention v. State, concerning the constitutionality of I-1183. WASAVP contends that I-1183 violates Article II, § 19 of the Washington Constitution in two ways: (1) the initiative violates the “single-subject rule,” by including a $10 million … Continue Reading

I-1183 Litigation Update

Today the Washington State Supreme Court accepted review of the challenge to I-1183.  The briefing schedule has been posted, and the arguments are set for May 17th.  We expect an opinion to be issued before the June 1st implementation date for retail spirits sales.  Our colleague Hunter O. Ferguson provided the following update: I. WASAVAP v. … Continue Reading

Cowlitz County Superior Court Denies Motion For Preliminary Injunction Against I-1183

Defenders of I-1183 received a holiday gift last week from the Cowlitz County Superior Court. On Thursday, December 22, 2011, the Court issued two important rulings in the declaratory judgment action challenging the constitutionality of I-1183. First, the Court granted the motion to intervene brought a group of supports of I-1183 led by Costco and … Continue Reading

I-1183 Faces Legal Challenges

Despite Washington voters’ approval of I-1183 in the November 2011 election, the effort to privatize the wholesale distribution and retail sale of liquor in Washington faces another hurdle.  Last week, two lawsuits were filed in Washington courts challenging the validity of I-1183.   The plaintiffs in both cases contend that the newly enacted law violates the … Continue Reading

Court Upholds San Diego County’s Winery Ordinance

On April 15th, a California Superior Court Judge denied a challenge to San Diego County’s new Winery Ordinance. The Ordinance, passed in 2010 and available here, eases restrictions on tasting rooms and sales for smaller producers and allows others to essentially “fast-track” registration as a “small winery” with such designation allowing for pre-approved events, such … Continue Reading
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