Stung by the Oregon Liquor Control Commission's vote late this winter to let Cartlandia, a cart pod out on SE 82nd Avenue, sell alcohol all year round, the city tried an end-run around the OLCC. In April, it filed a petition (pdf) asking the OLCC to consider shutting out any other food cart (technically "outdoor business") that might also be interested in selling booze.


And then in May, as expected, the city went further. Led by Commissioner Amanda Fritz's office, it filed a lawsuit challenging the OLCC's right to treat food carts like brick-and-mortar restaurants.

Today, the OLCC announced its response to one of those filings. It summarily dismissed the city's petition asking for a ban on food cart booze. So with one more game to play, this time, in court, the score right now is OLCC 2, Portland 0.

The Commissioners voted to deny the petition for rulemaking from the City of Portland regarding outdoor businesses receiving liquor licenses. The City of Portland had proposed to amend OAR 845-005-0331 Licensing Exterior Areas, by adding language prohibiting the issuance of annual liquor licenses to businesses that are exclusively outdoors.

I called Fritz's office for comment, and I was told the office is still reviewing the decision.