justicedao/ipfs_state_laws huggingface dataset:
845-015-0120 Retail Sales Agent Selection Procedure (1) When the Commission fills a retail sales agent vacancy other than as OAR 845-015-0125(2) describes, the Commission seeks applications from the public. (2) When seeking applications from the public, the Commission advertises to fill a vacancy. The Commission may publish its intent to fill a vacancy via a variety of methods, i.e. internet postings, other online media, or newspapers. (3) After an application deadline, all applications will be screened according to selection criteria in OAR 845-015-0125 and qualified applicants will be selected for interview. After reviewing applications and screening results, an interview committee conducts personal interviews. The interview committee scores the applicants and recommends finalists who are most qualified based on the selection criteria in 845-015-0125. From the finalists, the Commission appoints a retail sales agent using the criteria in 845-015-0125. A public presentation at a Commission meeting may be required. Advance notice of the public meeting date will be given to all finalists. (4) An appointed retail sales agent must submit a retail liquor store improvement plan for approval, enter into a Retail Sales Agent Agreement, purchase fixtures and equipment at an established price or provide fixtures and equipment where none are available for purchase, and begin operation of a retail liquor store on the date the Commission specifies. If an appointed retail sales agent cannot purchase, rent or lease, and equip an approved location and begin operation by the required date, the Commission(ers) may select another applicant from the list of finalists. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 13-2011, f. 12-6-11, cert. ef. 1-1-12 OLCC 10-2006, f. 7-19-06, cert. ef. 8-1-06 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0022 LCC 20-1986, f. 10-16-86, ef. 1-1-87
845-015-0125 Retail Sales Agent Selection Criteria (1) When the Commission selects a retail sales agent using the procedure in OAR 845-015-0120, the Commission evaluates the knowledge, skills and abilities of all applicants in the following areas: (a) Retail business experience including, but not limited to, responsibility for inventory control, cash accountability, supervision of personnel and customer service; (b) Knowledge of retail operations or business management, including study or training in those or related fields; (c) Customer service skills and ability to communicate and work effectively with the public; (d) Whether the applicant’s health permits full-time supervision of a retail liquor store; (e) The applicant’s record of felony conviction, conviction of crime relating to money management fraud, or a history of conviction of crimes relating to the abuse of alcohol or controlled substances; (f) The applicant’s financial ability to purchase or lease and equip the retail liquor store at a Commission approved location. The applicant’s ability to provide the necessary funds to meet the operating expenses of the retail liquor store and be bonded under the Commission’s blanket position fidelity bond. (2) In appointing a successor to a deceased or disabled retail sales agent, the Commission gives the preference in ORS 471.752. The Commission evaluates the qualifications of the applicant. After review of the application documents and personal interviews, the Commissioners decide if the applicant is qualified. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0025 OLCC 18-1987, f. 6-10-87, cert. ef. 7-1-87 LCC 16-1983, f. 12-27-83, cert. ef. 1-1-84 LCC 6-1981, f. 11-2-81, cert. ef. 1-1-82 LCC 14-1978, f. & cert. ef. 10-26-78, Renumbered from 845-010-0344
845-015-0135 Public Opinion on Retail Liquor Store Location (1) The Commission considers public opinion when it evaluates establishing or relocating a retail liquor store. The Commission seeks public opinion by: (a) Posting a public notice at the proposed location and at the existing location, if any; and (b) Providing a written notice to any residence, business, pre-elementary, elementary or secondary school, house of worship or alcoholic treatment facility within a minimum of a 500 foot radius of the proposed location and to the local governing body when the Commission is considering relocating a store to another governing body’s jurisdiction, or when it establishes a new retail liquor store in the jurisdiction. (2) These notices will ask for opinions on the proposed location and identify when, where and how the public can comment. (3) The Commission will consider liquor-related public opinions. It considers these liquor-related comments together with its criteria for liquor store establishment and relocation. OAR 845-015-0110 sets out these criteria. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 10-2006, f. 7-19-06, cert. ef. 8-1-06 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0086 OLCC 20-1987, f. 9-2-87, cert. ef. 10-1-87
845-015-0138 Retail Price for Distilled Spirits Before the Commission implements a surcharge or change in the mark-up formula for distilled spirits that would result in an increase in the retail price of distilled spirits sold to the public, the Commission shall: (1) Provide at least 45 days public notice before such a price increase takes effect; (2) Provide the opportunity for submission of written comments regarding the proposed price increase; (3) Conduct a public meeting for the purpose of receiving verbal comment regarding the proposed price increase; and (4) Consider any written or verbal comments before implementing such a price increase. Statutory/Other Authority: ORS 471, 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.745 History: OLCC 20-2010, f. 12-22-10, cert. ef. 1-1-11
845-015-0140 Hours and Days of Operation To ensure adequate service to the public, the Commission requires retail liquor stores to maintain convenient hours of operation: (1) Except for Sundays and holidays, all retail liquor stores must be open between the hours of 12 noon and 6 p.m. Retail liquor stores may not open earlier than 7 a.m. or close later than10 p.m. (2) Except for Sundays and holidays, retail liquor stores will be open a minimum of eight hours each day. (3) On Sundays or holidays, retail liquor stores may be open for any number of hours, but may not be open before 7 a.m. or after 10 p.m. Sunday and holiday openings are optional for Retail Sales Agents. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 1-2004, f. 1-21-04, cert. ef. 3-21-04 OLCC 16-2003(Temp), f. & cert. ef. 9-23-03 thru 3-20-04 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-0, Renumbered from 845-015-0035 OLCC 11-2002, f. 8-29-02, cert. ef. 10-9-02 OLCC 4-2002(Temp), f. & cert. ef. 4-12-02 thru 10-8-02 LCC 3-1985, f. 2-28-85, cert. ef. 4-1-85 LCC 12-1983, f. 11-14-83, cert. ef. 1-1-84 LCC 5-1978, f. 5-24-78, cert. ef. 5-25-78, Renumbered from 845-010-0350 LCC 1-1978(Temp), f. & cert. ef. 1-25-78
845-015-0141 Shipment of Distilled Spirits (1) Retail sales agents must follow the Retail Operations Manual when shipping or delivering distilled spirits to a final consumer. (2) Distillery retail outlet agents must follow the Distillery Retail Outlet Manual when shipping or delivering distilled spirits to a final consumer . Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.740, ORS 471.750 & E.O. 20-07 History: OLCC 18-2020, amend filed 09/15/2020, effective 09/18/2020 OLCC 6-2020, temporary amend filed 03/22/2020, effective 03/22/2020 through 09/17/2020 OLCC 8-2008, f. 6-12-08, cert. ef. 6-29-08 OLCC 23-2007(Temp), f. 12-14-07, cert. ef. 1-1-08 thru 6-28-08
845-015-0142 Remote Distiller Shipments to a Retail Sales Agent (1) A Distillery licensee who is located at least 75 miles driving distance from the OLCC warehouse at 9079 SE McLoughlin Blvd, Portland Oregon may, upon prior authorization of the Commission and agreement from a retail sales agent, ship distilled spirits to a Retail Sales Agent appointed pursuant to ORS 471.750. (2) The Commission may, in its discretion, authorize a Distillery licensee to ship distilled alcohol directly to a Retail Sales Agent if: (a) The Retail Sales Agent is within a 50 mile radius of the distillery licensee’s primary production facility; (b) The Distillery licensee currently ships between 1-25 cases per month of distilled liquor to the Commission. For purposes of this rule, the number of bottles in a case is determined by the distillery’s current quote on file with the Commission; (c) The Distillery licensee applies to the Commission at least 48 hours before shipment; and (d) The Distillery licensee completes any additional forms, documents, or information that the Commission requires as part of this process. (3) A Distillery licensee that receives approval from the Commission to ship directly to a Retail Sales Agent must: (a) Only ship products listed by the Commission; (b) Only ship products that are imported, manufactured, distilled, rectified, blended or denatured by the Distillery licensee; (c) Not ship a Manufacturer Only status product. For the purposes of this rule, Manufacture Only status is for products only sold at the distillery retail outlet; (d) Only ship full cases of product; (e) Provide Commission staff with a bill of lading prior to the shipment of any distilled spirits; and (f) Not make more than four shipments in a month. (4) Deliveries must be shipped between the 3rd and the 24th day of each month. (5) The Commission may refuse to authorize or process any shipment if a Distillery licensee makes a false statement to the Commission or fails to comply with this rule. (6) Violations. (a) Any violation of this rule may be charged as an administrative violation to the Distillery licensee. (b) Acceptance of a noncompliant shipment by a retail sales agent is a violation of the Retail Sales Agent Agreement. Statutory/Other Authority: ORS 471.730 Statutes/Other Implemented: ORS 471.740, 471.750 & 471.754 History: OLCC 1-2017, f. 2-27-17, cert. ef. 3-1-17
845-015-0143 Sale of Non-Liquor Items (1) In a retail liquor store, the retail sales agent may sell distilled spirits distributed by the Commission and non-liquor items. The Commission may require items to be removed that are objectionable. (2) A retail sales agent must secure Commission approval for a retail liquor store's placement in another business. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750(1), 2021 OL Ch. 186, 2021 OL Ch. 180 & 2021 OL Ch. 620 History: OLCC 22-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 3-2005, f. 5-16-05, cert. ef. 6-1-05 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0045 OLCC 24-1987, f. 12-9-87, cert. ef. 1-1-88 LCC 19-1986, f. 10-16-86, cert. ef. 1-1-87 LCC 25-1980, f. 9-30-80, cert. ef. 1-1-81
845-015-0145 Solicitation; Incentives (1) A retail sales agent may seek business from any business or Full On-Premises Sales licensee, including any employee or representative by: (a) Describing a retail liquor store and its services orally, by flyer, personal letter or business card; and (b) Inviting a potential business or Full On-Premises Sales licensee customer to visit a retail liquor store. (2) A retail sales agent must not: (a) Solicit, ask, suggest or urge anyone except a Full On-Premises Sales licensee or other business to make a purchase at a particular retail liquor store; (b) Give or offer any gift, gratuity, special individualized discount or other incentive to any person if such can be reasonably construed to be an enticement to obtain, maintain, or increase the recipient’s business with the retail sales agent. (3) A retail sales agent must keep accurate records of liquor and non-liquor purchases and must make those records available to the Commission on request as required in the Retail Sales Agent Agreement. (4) A retail sales agent must sell Commission merchandise at the Commission’s established price. (5) A retail sales agent may deliver alcoholic liquor or related items only to a Full On-Premises Sales licensee’s premises as provided in and consistent with the Retail Sales Agent Agreement and the Commission’s Retail Operations Manual. Statutory/Other Authority: ORS 471.730(5) Statutes/Other Implemented: ORS 471.750, 2021 OL Ch. 180, 2021 OL Ch. 186 & 2021 OL Ch. 620 History: OLCC 22-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 10-2006, f. 7-19-06, cert. ef. 8-1-06 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0045 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01 OLCC 15-2000, f. 9-13-00, cert. ef. 10-1-00 OLCC 9-1996, f. 5-16-96, cert. ef. 6-1-96 OLCC 24-1987, f. 12-9-87, cert. ef. 1-1-88 LCC 19-1986, f. 10-16-86, cert. ef. 1-1-87 LCC 18-1986, f. 10-16-86, cert. ef. 1-1-87 LCC 6-1983, f. 6-27-83, cert. ef. 7-1-83 LCC 25-1980, f. 9-30-80, cert. ef. 1-1-81
845-015-0148 Minors in Liquor Stores (1) Except as provided in (2) below, only people 21 years of age or older may enter a retail liquor store, unless accompanied by a parent, spouse or Domestic Partner who is at least 21 years old. “Domestic Partner” means an individual who, along with another individual of the same sex, has received a Certificate of Registered Domestic Partnership pursuant to the Oregon Family Fairness Act. Nevertheless, people 18 years or older may be employed in liquor stores to sell distilled spirits and people under the age of 18 may be employed but may not participate in the sale of distilled spirits. (2) A retail sales agents may apply to the Commission for an exception to the requirements of (1) of this rule by submitting a control plan to the Commission. The Commission may approve such a control plan if it contains sufficient measures to ensure that minors will not have access to distilled spirits. The Commission may revoke the exception by providing written notice that the previously approved control plan is no longer sufficient. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750(1), 2021 OL Ch. 186, 2021 OL Ch. 620 & 2021 OL Ch. 180 History: OLCC 22-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 5-2016, f. 4-26-16, cert. ef. 5-2-16 OLCC 9-2008, f. 6-12-08, cert. ef. 7-1-08 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0060 LCC 4-1985, f. 2-28-85, ef. 4-1-85
845-015-0150 Service Refusal in a Retail Liquor Store (1) A customer who meets the age and identification requirements in ORS 471.130 has the right to purchase alcoholic liquor in a retail liquor store. (2) Despite section (1) of this rule, a retail sales agent must refuse to sell alcoholic liquor to anyone who is visibly intoxicated, and may refuse service to anyone who is disruptive or abusive in a retail liquor store. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0080 LCC 25-1986, f. 11-20-86, ef. 1-1-87
845-015-0160 Sale of Lottery Tickets Despite OAR 845-015-0143(1) (sale of related items), retail sales agents may contract with the Oregon State Lottery Commission to sell Oregon State Lottery Tickets in retail liquor stores. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0065 LCC 5-1985, f. 3-28-85, ef. 4-1-85
845-015-0165 Supplier Rebates on Distilled Spirits (1) The Commission allows suppliers to give consumer rebates on distilled spirits. Progressive-type coupons which provide a larger rebate when progressively more alcohol is purchased are permitted. An example of this would be a rebate that offers $5 for the purchase of one bottle but $12 for two. (2) Suppliers will distribute distilled spirits rebate coupons only through retail liquor stores or by publishing them in newspapers or magazines. Any newspaper or magazine advertising associated with rebate coupons must comply with OAR 845-015-0175, 845-015-0177, and any other applicable state and federal regulations. (3) All rebate coupons offered in the State of Oregon must meet the following requirements: (a) Rebate coupons must be redeemable only by mail; (b) Rebate coupon offers must bear an expiration date; (c) The supplier must require proof of purchase; (d) Rebate coupons must be valid only for adults of legal drinking age. The Commission may require withdrawal of the rebate coupon if the supplier does not comply with the conditions of the rebate coupon or Commission rules. (4) The supplier must furnish rebate coupons to all retail liquor stores carrying the product. Any advertising materials such as posters, signs, banners, or display racks the supplier provides to promote rebate coupons in a retail liquor store must comply with OAR 845-015-0175, 845-015-0177, and any other applicable state and federal regulations. (5) The supplier is responsible for the redemption of rebate coupons. The supplier and the retail customer are responsible for settling any disagreement about the supplier's coupon. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 26-2007, f. 12-17-07, cert. ef. 1-1-08 OLCC 3-2006, f. 2-22-06, cert. ef. 3-1-06 OLCC 10-2003, f. 7-22-03, cert. ef. 9-1-03 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0055 OLCC 19-1991, f. 10-31-91, cert. ef. 11-1-91 LCC 2-1985, f. 2-28-85, ef. 4-1-85 LCC 2-1983, f. 3-8-83, ef. 7-1-83
845-015-0168 Full On-Premises Sales Licensee Refund A Full On-Premises Sales licensee who is going out of business may make a written request to the Commission to return resalable merchandise for a refund. If the Commission approves the request, the Commission will issue a refund after it determines that the merchandise is resalable. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.740 & 471.750 History: OLCC 10-2006, f. 7-19-06, cert. ef. 8-1-06 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0070 LCC 8-1985, f. 10-9-85, ef. 3-1-86
845-015-0170 Payment for Distilled Spirits (1) Timing of Payment for Distilled Spirits Purchases. Payment for distilled spirits must be made at the time of purchase. If the purchaser is a Full On-Premises Sales licensee, and the distilled spirits being purchased are to be delivered, payment must be received at the liquor store not later than the store's close of business on the same day that the product was delivered to the licensee. (2) A retail sales agent accepts these forms of payment: (a) United States currency or a United States traveler's check; (b) A cashier's check or money order; (c) A licensee's business check for the amount of the purchase only, properly dated, personalized and free of alterations; (d) A personal check from a non-licensee with either a valid driver's license with photo or valid DMV Identification card with photo, name, date of birth and physical description. The check must be under $200, payable to the OLCC, for the amount of purchase only, properly dated, personalized and free of alterations; and (e) Retail sales agents shall accept debit and credit cards from non-licensees using equipment that meets or exceeds Commission approved standards as set forth in the Retail Operations Manual. (3) A retail sales agent must not accept a check for purchases by a licensee who has given the Commission two checks or other instruments that could not be paid upon presentation. (4) Despite section (2) of this rule, a retail sales agent is not required to accept payment if a sale is contrary to law, if a customer lacks necessary age identification or if there is a reasonable basis to believe a customer is not lawfully presenting payment. (5) A retail sales agent may elect to not take personal checks from non-licensees only if the retail sales agent accepts debit and credit cards using equipment that meets or exceeds Commission approved standards as set forth in the Retail Operations Manual. A retail sales agent must pay the Commission for any uncollected check from a non-licensee. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.740, 471.750(1), 2021 OL Ch. 180, 2021 OL Ch. 186 & 2021 OL Ch. 620 History: OLCC 22-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 10-2012, f. 12-18-12, cert. ef. 1-1-13 OLCC 10-2006, f. 7-19-06, cert. ef. 8-1-06 OLCC 5-2005, f. 8-16-05, cert. ef. 9-1-05 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0075 OLCC 16-2000, f. 11-9-00, cert. ef. 12-1-00 OLCC 4-1995, f. 5-2-95, cert. ef. 6-1-95 Reverted to OLCC 10-1989, f. 10-2-89, cert. ef. 10-1-89 OLCC 2-1993(Temp), f. 6-25-93, cert. ef. 7-1-93 OLCC 10-1989, f. 10-2-89, cert. ef. 10-1-89 LCC 32-1986, f. 12-4-86, ef. 4-1-87
845-015-0173 Discount for Full On Premises Sales Licensees’ Distilled Spirits Purchases Full On-Premises Sales licensees will purchase distilled spirits from a retail sales agent at a discount of five percent off the listed price fixed by the Commission. Licensees will receive the discount only on distilled spirits purchased for use in their Full On-Premises Sales businesses. The discount will be given at the time of purchase. Statutory/Other Authority: ORS 471, 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.745 & 471.750(1) History: OLCC 10-2006, f. 7-19-06, cert. ef. 8-1-06 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0078 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01 OLCC 4-1993, f. 11-1-93, cert. ef. 11-4-93
845-015-0180 Distilled Spirits Samples Offered to Retail Sales Agents (1) Distillery representatives may not give samples to retail sales agents, their employees or customers in a retail liquor store. (2) Despite section (1) of this rule, a retail sales agent may accept samples from distillery representatives or OLCC staff of not more than four 50 ml manufacturer-sealed containers of distilled spirits one time per brand. The sample must be a Commission-approved brand. If a product is not available in a 50 ml container, the retail sales agent may accept a single sample in the next larger available size if the distillery representative has written approval from the Listing Committee of the Commission to offer samples in a larger size. Samples may not be consumed in a retail liquor store or within its immediate vicinity. All samples must be sealed bottles. Samples as described in this rule are not sample tastings as described in OAR 845-015-0155. (3) Retail sales agents may give samples received according to section (2) of this rule to their employees that are at least 21 years of age. Statutory/Other Authority: ORS 471, 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750 History: OLCC 10-2006, f. 7-19-06, cert. ef. 8-1-06 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0096 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-015-0185 Special Orders for Distilled Spirits Customers may order distilled spirits products or container sizes that the Commission does not carry in the regular product line. Minimum order quantities may apply. For special orders, the customer pays the wholesale cost, the average handling and freight costs per case and the regular markup. The Commission sets the average handling and freight costs from an annual review of these costs for special orders. Statutory/Other Authority: ORS 471, including 471.030, 471.175, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.175 & 471.750 History: OLCC 14-2011, f. 12-6-11, cert. ef. 1-1-12 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0100 OLCC 5-1992, f. 4-30-92, cert. ef. 5-1-92 OLCC 21-1991, f. 12-19-91, cert. ef. 1-1-92 LCC 30-1986, f. 11-20-86, ef. 1-1-87