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Duke Tufty

TuftyDuke
Associate
T503.778.5209
F503.778.5299
Duke’s practice is focused primarily on alcohol regulatory law, including licensing, labeling, advertising, distribution, compliance and violation defense. He regularly assists restaurants, hotels, and other hospitality operations obtain retail liquor licenses and lottery contracts in Oregon and Washington. He also coordinates multi-state retail licensing projects, including developing licensing strategy, and regularly works with out-of-state counsel regarding licensing projects. He regularly assists wineries, breweries and distilleries obtain state licenses and federal permits and counsels them regarding related regulatory issues. Duke counsels clients regarding the distribution of alcoholic beverages and general compliance with state and federal alcohol regulatory laws. He also defends violations at the administrative and appellate level, and frequently obtains negotiated settlements that meet his client’s objectives without the need for formal process. Finally, he counsels clients regarding licensing strategy, control plans, good neighbor agreements, license restrictions and similar alcohol regulatory issues in Oregon and Washington.

Practice Highlights
  • Regularly assists restaurants, hotels, and other hospitality operations obtain retail liquor licenses and lottery contracts in Oregon and Washington, and coordinates multi-state retail licensing projects. He also provides general counsels to clients regarding their overall licensing and compliance strategy.
  • Assists wineries, breweries and distilleries obtain state licenses and federal permits and counsels them regarding related regulatory issues.
  • Counsels clients regarding the distribution of alcoholic beverages and general compliance with state and federal alcohol regulatory laws.
  • Defends violations at the administrative and appellate level; often reaching negotiated settlements that meet his client’s objectives without the need for formal process.
  • Defends violations of the City of Portland’s Time, Place and Manner Ordinance.
  • Assists licensees develop and implement compliance programs, including providing on-site manager and employee trainings and drafting alcohol service handbooks.
  • Negotiates good neighbor agreements, enforceable compliance plans, minor compliance plans, patio compliance plans, and abatement plans.
  • Assists clients in modifying or eliminating license restrictions, and address other compliance related agreements.
  • Advises clients on all facets of alcoholic beverage regulatory law at the state and federal level.

Representative Experience

Counsel to Coast Hotels, USA

Provide ongoing alcohol regulatory counsel to Coast Hotels, USA, a hotel management and operating company. (Ongoing)

Strategic alcohol regulatory counseling for a national retailer

Provide strategy and guidance to an existing retailer regarding the possible addition of beer and wine to its offerings across the country. (Ongoing)

Defend contract termination by the Oregon State Lottery for a retailer in Bend, Ore.

Successfully defended a lottery retailer contract termination proceeding and key person denial brought by the Oregon State Lottery. (2011)

Defend contract termination by the Oregon State Lottery for a retailer in Portland, Ore.

Successfully defended a lottery retailer contract termination proceeding brought by the Oregon State Lottery. (2011)

Defense of alleged violation of city of Portland's Time, Place and Manner Ordinance for a bar in Portland, Ore.

Successfully defended an alleged violation of a settlement agreement brought by the city of Portland in relation to the city’s Time, Place and Manner Ordinance. (2011)

Multi-state liquor licensing for a regional grocery store chain

Coordinated the issuance or transfer of liquor, lottery, and gambling licenses as part of a mulit-unit acquisition in Oregon and Washington. (2011)

Multi-state liquor licensing for national restaurant group

Coordinated the issuance or transfer of sixty-six liquor licenses in six states as part of a multi-state restaurant acquisition. (2011)

Negotiation of compliance plan for a bar in Portland, Ore.

Negotiated the first enforceable compliance plan required under new Oregon law when the OLCC issues a notice of warning for a history of serious and persistent problems. (2011)

Obtain regulatory approval for innocative new dispensing system for a national manufacturer

Obtained approval from the Washington State Liquor Control Board for an innovative new beer dispensing system. (2011)

Obtained Industrial Alcohol User Permit for national manufacturer of body care products

Assisted company in obtaining a new TTB alcohol user permit as part of an acquisition. (2011)

Defend denial of key person by the Oregon State Lottery for a bar in Tualatin, Ore.

Defended lottery contract termination proceeding and denial of key person that enabled the retailer to maintain its video lottery contract retailer. (2010)

Defense of OLCC history of serious and persistent problems violation for a bar in Springfield, Ore.

Successfully defended an OLCC history of serious and persistent problems case and two other alleged violations. (2010)

Professional & Community Activities

  • President-elect, 2011-2012; Board Member, 2010-2011; Member & Chair, Professional Development and Education Committee, 2007-2010 – Multnomah Bar Association Young Lawyers Section
  • Oregon Liquor Control Commission Enforcement and Licensing Workgroup
  • Guest Lecturer, The Art Institute of Portland Culinary Arts Program
  • Oregon Restaurant Association
  • National Restaurant Association
  • Alliance of Alcohol Industry Attorneys and Consultants
  • National Association of Licensing & Compliance Professionals
  • National Association of Alcoholic Beverage Licensing Attorneys
  • Beverage Alcohol Practice Section of Administrative Law and Regulatory Practice, American Bar Association
  • Oregon Bartenders Guild
  • Participant, Portland Business Alliance Leadership Portland Program, Class of 2010

Professional Recognition

  • Selected to "Oregon Rising Stars" in Administrative Law, Thomson Reuters, 2012