Or. Admin. Code § 734-030-0025

Current through Register Vol. 63, No. 10, October 1, 2024

Section 734-030-0025 - "Free Coffee" Program

The "free coffee" program is a service sponsored by non-profit organizations in rest areas; permissible under federal regulations and state law; and found by the Department of Transportation (Department), in certain instances, to be in the interest of public safety. "Free coffee" service will be permitted subject to the following conditions:

(1)

(a) Non-profit organizations may make written requests for permission to sponsor a "free coffee" service at a specific rest area directed to the District Manager (DM) for the district in which the rest area is located not more than 60 days prior to the date(s) requested. Requests must be submitted on form 734-2081, "Free Coffee Program Application and Permit" available from the district;

(b) The non-profit organization must certify that the organization is granted non-profit status by the Internal Revenue Service (IRS) and may be required at the discretion of the DM to provide a copy of the IRS determination letter;

(c) The DM will grant permission for the activity by way of a standard permit issued to the selected non-profit organization. The selection will be made not less than 30 days in advance of the date(s) requested from all written requests received, and will be based on a random drawing conducted by the DM if multiple requests for the same date(s) and location are received. For purposes of issuing permits, if a rest area is sited on both sides of the highway, each side of the rest area will be considered a separate location;

(d) Permits will be issued in 24-hour increments with a maximum of 72 hours. No more than three permits will be issued to one organization in a calendar month;

(e) Only one organization will be granted a permit for a rest area location for any particular date or time;

(f) The DM may decline to issue any permits for a particular rest area or for any particular date or time; and

(g) A copy of the permit must be on-site during operation of the "free coffee" service.

(2) The "free coffee" service will be located in a designated area of the rest area. The area will be designated by the DM. The service is not permitted to obstruct access to any building or other structure in the rest area. The area is to be kept neat and free of litter, cups, etc., associated with the service.

(3) The distribution of "free coffee" may include coffee, other non-alcoholic beverages and cookies but may not include other food items. Cookies offered must come from a licensed facility. The non-profit organization shall comply with all state and local health department rules and regulations. For the purposes of this rule, "cookie" will include brownies but not cake, bagels, donuts, coffee cake, candy bars, or other similar items.

(4) Carbonated beverages shall not be distributed under the "free coffee" program in rest areas where carbonated beverages are available in vending machines.

(5) Coffee, other non-alcoholic beverages and cookies are to be free of charge to the public. Donations may be received by the non-profit organization but not sought or requested, except for the allowed use of one opaque container with the words "donations" or "contributions" in a maximum of one-inch letters.

(6) No more than two signs or posters with a maximum area of ten square feet each may be used to identify the "free coffee" service and the non-profit organization by name only i.e. "Free Coffee -- Served By -- (organization name)". Signs or posters may only be placed in the area designated for the service including on vehicles within which the service is provided, and must be removed when the service is closed and upon expiration of the permit. No signs are to be placed outside the rest area confines by the organization other than official "Free Coffee" signs that may be provided by the Department at the discretion of the DM.

(7) The non-profit organization is responsible for all products and supplies necessary to provide "free coffee" service in the rest area including any extraordinary costs incurred by the Department as a result of this service. The Department may provide access to limited electricity and water as determined by the DM.

(8) Permits are not transferable and are revocable for non-compliance with any state statute, rest area rules, or the terms of the permit. Repeated failure to comply with the rules and regulations may result in non-profit organization's forfeiture of right to future participation in the program.

Or. Admin. Code § 734-030-0025

2HD 5-1984, f. & ef. 4-18-84; 2HD 8-1986, f. & ef. 11-24-86; HWY 2-1993, f. & cert. ef. 4-15-93; HWY 2-1994, f. & cert. ef. 2-28-94; HWD 1-2006, f. & cert. ef. 1-24-06

Stat. Auth.: ORS 184.616, 184.619 & 366.490

Stats. Implemented: ORS 366.490