Dear Editor:
I'm writing Wine Press Northwest on behalf of the Oregon Liquor Control Commission in response to a story in your Summer 2008 issue regarding self-serve alcohol laws.
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 gift 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.
On-premises liquor licensees, their managers and servers are required to complete an OLCC-approved Alcohol Server Education class and submit a service permit application in order to obtain a valid service permit. The core emphasis of the alcohol server education class is to inform and educate class participants about:
-- The basic liquor laws of Oregon,
-- How to recognize visibly intoxicated people (VIPs)
-- Techniques on how to refuse alcohol service or remove an alcohol drink from a VIP
-- How to prevent minors from obtaining alcohol
-- How to properly check ID
The intent is to have a person who is trained to detect and prevent visibly intoxicated individuals and minors from being served alcohol; this is accomplished in part through verbal interaction with these customers. These educational training requirements also include recognizing the fifty signs of visible intoxication. This machine is not capable of detecting those signs.
While the machine is sophisticated and great for storing and preserving wine, it can't tell you the age of the person holding the card or whether that person is intoxicated at the time they are pouring the wine. If a customer gives his or her card to another customer, the machine would not know the difference.
Alcohol is a drug that impairs judgment. People who are consuming alcohol can't be expected to monitor their own service and behavior. Most people can agree that reducing the carnage and grief of injuries and death on our roadways because of over-service of alcohol or service to minors is a good thing. The OLCC is charged with enforcing the liquor laws of the state, and it's a state law passed by the legislature that says a person has to serve the alcohol, and that person has to pass an Alcohol Server Education class and have a service permit.
Respectfully,
Thomas B. Erwin
Government Affairs Director
Oregon Liquor Control Commission
Dear Editor:
AgriVino is open again at Abbey Road Farm as all of the Enomatic machinery has been purchased by our manager, Todd Steele.
Todd has decided to live with the OLCC's nonsensical interpretation for the time being until he can relocate the facilities to Portland.
I, however, will not yield to the OLCC's ruling; it's a matter of principle and I've chosen not to continue to deal with an agency of state government that is, in my opinion, openly deceitful.
At this point, the upshot of "AgriVino's aggravation" is that Portland will get another wine bar and Yamhill County - together with its focal hospitality enterprises - will lose what has been referred to as the most innovative and creative business concept to come along in the wine industry in decades.
It's my belief that the OLCC has demonstrated that it will absolutely not yield to intellect, culture or common sense but will continue its penchant for ignorance of constitutional rights by enforcing absurd interpretations and encouraging staff to fabricate facts and conjure excuses. Most of all, they have underscored through their actions in this matter that they have the right to remain stupid and, by God, they will defend that right by continuing to supply zero reasoning and blank stares no matter how foolish they may look!
In the end, it's painfully obvious that you just cannot rationalize with irrational people.
The good news is that we can still go get as many pitchers of beer as we want and pour for ourselves at any tavern in Oregon and nobody is going to restrict us whatsoever! That's surely a safer proposition than self-pouring one ounce of wine.
John Stuart
Co-owner/operator
Abbey Road Farm
Carlton, Ore.
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