justicedao/ipfs_state_laws huggingface dataset:
845-006-0301 “Applicant” and “Licensee” Defined (1) A license issued by the Commission shall include as licensees under a single license all individuals or entities who own or have an ownership interest in the business as defined in OAR 845-005-0311. If any such licensee is an entity, the following persons shall also be included as licensees under the license: (a) Each principal officer, including the president, any vice president with responsibility over the operation of a licensed business, the secretary, the treasurer, or any other officer designated by the Commission. (b) Each director with 20 percent or more of the entity’s stock or who holds 20 percent or more of the total membership interest in the entity or whose investment interest is 20 percent or more of the total investment interests in the entity; (c) Each person or entity who owns or controls 20% or more of the entity’s stock or who holds 20% or more of the total membership interest in the entity or whose investment interest is 20% or more of the total investment interests in the entity; (d) Each manager of a limited liability company and each general partner of a limited partnership. (2) As used in ORS 471.313, “applicant” includes all of the entities and individuals (as applicable) listed in subsection (1) of this rule. As used in 471.315, “licensee” includes all of the entities and individuals (as applicable) listed in subsection (1) of this rule. (3) In any proceeding brought under the authority of ORS 471.313 or subject to the penalty provisions of 471.315, each licensee as defined in subsection (1) shall be individually responsible for any violation or other resolution of the proceeding and shall be jointly and severally liable for any sanction. Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.313 & 471.315 History: OLCC 5-2025, amend filed 11/20/2025, effective 01/01/2026 OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 1-2006, f. 1-19-06, cert. ef. 2-1-06 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0302 “Family Member” Defined For purposes of ORS 471.396(3) and 471.396(4), “family member” means a person residing in the same household as the licensee as part of the family unit. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.396(3) & 471.396(4) History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0341 Notification of Conviction (1) An applicant or licensee must notify the Commission in a manner prescribed by the Commission within five calendar days of the date of a conviction for any misdemeanor or felony of any individual listed in an application as an applicant or subsequently identified as an applicant or licensee. (2) Failure to notify the Commission as required by this rule is a Category III violation. Statutory/Other Authority: ORS 471.030, 471.430(3), 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.313 & 471.315 History: OLCC 203-2022, adopt filed 12/19/2022, effective 02/01/2023
845-006-0348 Unlawful Drug Activity on Licensed Premises (1) ORS 471.316 provides the Commission will suspend or may cancel a Full On-Premises Sales, Limited On-Premises Sales, or Brewery-Public House license if the licensee is aware of unlawful drug use or sales on the licensed premises and subsequently fails to take immediate and effective action to prevent unlawful drug use or sales on the licensed premises. The licensee is aware of the drug use or sales if: (a) The licensee or an employee of the licensee personally witnessed drug use or sales on the licensed premises; or (b) Arrests for drug sales or seizures of drugs occurred on the licensed premises. (2) Where there is subsequent drug use or sales as defined in section (1) of this rule within six months, a rebuttable presumption exists that the licensee’s actions to prevent drug use or sales were not effective. The licensee may overcome the prima facie case by providing evidence showing immediate and effective steps were taken to prevent drug sales or use. (3) The guidelines for penalties for violation of this rule are: (a) A 10-day license suspension for the first violation within two years; (b) A 30-day license suspension for a second violation within two years; (c) Cancellation of the license for a third violation within two years. (4) The Commission may impose a greater or lesser penalty than the ones specified above, if it finds aggravating or mitigating circumstances. In no case will a penalty for a violation of this rule be less than a one day suspension. The Commission will determine the date a suspension will take effect. (5) The Commission may impose a civil penalty in addition to a license suspension for a violation of this rule. (6) Nothing in this rule prevents the Commission from immediately suspending a license or permit for a violation of this rule, when the Commission determines there is a serious danger to public health or safety as specified in ORS 183.430(2). Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.316 & 183.430(2) History: OLCC 20-2007, f. 9-27-07, cert. ef. 10-1-07 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0349 Activities on College Campuses (1) No manufacturer, importer, wholesaler, retailer, their agent or campus representative will conduct promotional activities for any liquor product on any college or university campus or for student living groups that include students under 21 years of age. Examples of promotional activities include: (a) Giving free alcoholic beverages; (b) Giveaways such as t-shirts, glasses, cups, coasters and signs bearing brand name identification; (c) Giving student living groups bar equipment such as taps, cleaning equipment, and coolers. (2) No manufacturer, importer, wholesaler, retailer, their agent or campus representative will hold or sponsor activities on any campus or for student living groups that encourage students under 21 years of age to drink alcoholic beverages. Prohibited activities do not include: (a) Sponsoring of broadcasting services for events on campus; (b) Liquor advertising in campus publications; or (c) Financial support and acknowledgement of the source of the support for activities such as educational programs, programs encouraging moderation, film festivals, concerts and similar activities. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.730(7) History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01, Renumbered from 845-006-0049 OLCC 1-1987, f. 1-5-87, ef. 4-1-87
845-006-0350 Service Permittee Required Reporting of Trafficking and Unlawful Employment of Minors Permittee Required Reporting of Trafficking and Unlawful Employment of Minors (1) Definitions. (a) “Commercial sex act” means any sex act on account of which anything of value is given to or received by any individual. (b) “Human trafficking” means the recruitment, enticement, intimidation, harboring, transportation, provision, or obtaining of a person for the purpose of subjecting the person to involuntary servitude. (c) “Sex trafficking” means the recruitment, enticement, intimidation, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. “Sex Trafficking” also includes such actions by means of force or fraud. (2) An employee of a full on-premises sales or limited on-premises sales licensee who holds a service permit or temporary service permit issued under ORS 471.360 to 471.385 and who has a reasonable belief that sex trafficking or other human trafficking is occurring at the premises must report that belief in a timely manner to: (a) A law enforcement agency; and (b) The Oregon Liquor and Cannabis Commission. (3) An employee of a full on-premises sales or limited on-premises sales licensee who holds a service permit or temporary service permit issued under ORS 471.360 to 471.385 and who has a reasonable belief that an individual who is employed or contracted as a performer at the premises is under the age of 18 and who conducts any public dance at the premises but does not have the written permission of a juvenile court judge as required in ORS 167.840 must report that belief in a timely manner to the Oregon Liquor and Cannabis Commission. Statutory/Other Authority: ORS 471.385 & 471.217 Statutes/Other Implemented: ORS 471.385 & 471.217 History: OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024 OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023 OLCC 196-2022, adopt filed 06/02/2022, effective 06/05/2022 OLCC 23-2021, temporary adopt filed 12/30/2021, effective 01/01/2022 through 06/04/2022
845-006-0353 Distilled Spirits Samples and Promotions from a Distiller’s Representative (1) Licensees of the Commission may not accept samples of distilled spirits from distillery representatives, and may not allow distillery representatives to offer or give samples, or promote their product on the licensed premises other than as allowed by OAR 845-005-0428. (2) Licensees of the Commission may not accept payment for alcoholic liquor from a distillery representative and may not allow a distillery representative to pay for alcoholic liquor for patrons. (3) Despite section (1) of this rule, Full On-Premises Sales licensees of the Commission may accept samples of distilled spirits from a distillery’s agent if: (a) The sample is of a product the licensee does not carry; (b) Each sample does not exceed .25 ounce by measured pour; or the sample is in a manufacturer-sealed container which is not larger than 50ml.; (c) No sample is sold, served, given or offered to a patron. Statutory/Other Authority: ORS 471, 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.398 History: OLCC 3-2002, f. & cert. ef. 2-15-02 Reverted to OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01 OLCC 3-2001(Temp), f. & cert. ef. 8-10-01 thru 2-6-02 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0360 Maintenance of License Certificate, Restriction Document, Authority to Operate, Minor Posting Sign (1) No licensee shall alter any license certificate, restriction document or minor posting sign issued by the Commission. (2) All Authorities to Operate, license certificates and minor posting signs issued or posted by the Commission must be maintained upon the premises in full public view. Any restriction document referred to in the certificates or accompanying an Authority to Operate shall be maintained at the premises and shall be readily available to Commission staff and law enforcement officers. (3) Public passenger carriers that are allowed to operate more than one vehicle under a single license may maintain copies of license certificates and restriction documents as required by section (2). Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.030 History: OLCC 12-2020, amend filed 06/19/2020, effective 06/20/2020 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0362 Responsibility of Licensees for Conduct of Others Each licensee may be held responsible for violation of any liquor control law or administrative rule or regulation of the Commission affecting his license privileges and for any act or omission of his servant, agent, employee, or representative in violation of any law, municipal ordinance, administrative rule, or regulation affecting his license privileges. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.030 & 471.730 History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01, Renumbered from 845-006-0025 LCC 49, f. 7-26-74, ef. 9-1-74, Renumbered from 845-010-0075 LCC 29-1964, f. & cert. ef. 5-21-64 LCC 28-1960, f. & cert. ef. 12-19-60 LCC 27-1960, f. & cert. ef. 9-15-60 LCC 26-1960, f. & cert. ef. 5-12-60
845-006-0365 Payment for Alcoholic Beverages; NSF Checks, Including Third Party Checks (1) No retail licensee will pay for malt beverages, cider, or wines purchased from a wholesale licensee with an NSF check. (2) A wholesale licensee must report any NSF check(s), including third party NSF checks, received during a calendar month to the Commission. The written report must include the trade name of the licensed premises, name of maker, amount of check, date wholesaler received check, date wholesaler was notified check was NSF, date wholesaler informed retailer of NSF check, and the date redeemed. The Commission must receive this report by the 20th day of the month following the month being reported. (Example: The Commission must receive the NSF check report for January by February 20.) Wholesale licensees must maintain a legible photocopy of the front and back of each NSF check at the licensed premises for two years. (3) Any wholesale licensee who fails to make immediate and reasonable efforts to redeem an NSF check or who continues to accept checks from a retail licensee whose checks, including third party checks, are repeatedly returned, violates the prohibition against extending credit in ORS 471.398. (4) No Full On-Premises Sales licensee will pay for distilled spirits purchased from or through the Commission with an NSF check. (5) Any retail licensee who fails to immediately redeem an NSF check or who continues to give a wholesaler checks, including third party checks, that are repeatedly returned, violates the prohibition against accepting gratuities from wholesalers in ORS 471.398. (6) As used in this rule: (a) NSF check includes any check or other instrument that is not immediately paid upon presentation or that is later dishonored; (b) Third-party check means a check or other negotiable instrument written by anyone other than the retailer. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.398 History: OLCC 10-2004, f. 10-15-04 cert. ef. 11-1-04 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0370 Financial Assistance; Retailer Responsibility (1) Manufacturer and wholesaler have the same meaning as in ORS 471.392. (2) Retailer has the same meaning as in OAR 845-013-0001. (3) The Commission interprets ORS 471.398 to also prohibit a retailer from soliciting from a manufacturer or wholesaler any item or service these statutes prohibit, except as OAR 845-013-0001 through 845-013-0110 allow. (4) A retailer does not violate ORS 471.398 if the retailer accepts the items or services that OAR 845-013-0001 through 845-013-0110 allow. (5) A retailer may not sell the samples a wholesaler or manufacturer gives the retailer under OAR 845-013-0060. (6) No Full On-Premises Sales licensee or officer, director, manager, agent, or employee of a Full On-Premises Sales licensee will solicit or accept any gift, gratuity, special individualized discount, or other incentive from any retail sales agent of the Commission, or anyone representing the retail sales agent, if such may be reasonably construed to be an enticement to obtain, maintain or increase the recipients business with the retail sales agent. (7) The requirements of section (6) of this rule apply to dispenser licenses issued under former ORS Chapter 472. This section expires October 1, 2001. Statutory/Other Authority: ORS 471, including 471.030, 471.040 & 471.730(1) Statutes/Other Implemented: ORS 471.398 History: OLCC 9-2019, minor correction filed 07/03/2019, effective 07/03/2019 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-006-0380 Certificate of Approval for Distilled Spirits (1) The Commission issues a Certificate of Approval for Distilled Spirits (CER-D) to manufacturers, importers and others who import distilled spirits into Oregon for sale in the state. CER-Ds are also issued to vendors who import grain and ethyl alcohol into Oregon for scientific, pharmaceutical, manufacturing, mechanical or industrial use. There is no fee to obtain a CER-D. (2) No person may import distilled spirits or grain and ethyl alcohol into Oregon who does not hold a CER-D or whose CER-D is suspended or revoked. Once a CER-D has been revoked it remains revoked until reinstated by the Commission. (3) The holder of a CER-D is subject to and must comply with the tied house and financial assistance requirements contained in ORS 471.392-.400 and division 13 of chapter 845 of the Commission’s administrative rules. Violation of any provisions of ORS 471.392-.400 or division 13 by a CER-D holder or its agent is grounds for the Commission to suspend or revoke the CER-D. Statutory/Other Authority: ORS 471, including 471.030, 471.251, & 471.730(1), (5) & (8) Statutes/Other Implemented: ORS 471.251 & 471.404 History: OLCC 6-2010, f. 6-22-10, cert. ef. 7-1-10
845-006-0390 Transportation by Licensed Retailer from Licensed Wholesaler Premises A licensed malt beverage or wine retailer may transport the malt beverages, cider, or wine the retailer purchases from a licensed wholesaler from the wholesaler’s premises to the retailer’s premises. The purchase price of such malt beverages, cider, or wine shall be the price listed pursuant to OAR 845-010-0210. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.305 & 471.398 History: OLCC 12-2003, f. 9-23-03, cert. ef. 11-1-03 OLCC 7-2003(Temp), f. & cert. ef. 5-20-03 thru 11-16-03 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01, Renumbered from 845-006-0090 OLCC 7-1990, f. 3-16-90, cert. ef. 4-1-90 LCC 32-1980, f. 12-22-80, cert. ef. 2-1-81 LCC 40-1972, f. 8-2-72, cert. ef. 8-5-7, Renumbered from 845-010-0211
845-006-0391 Delivery of Alcoholic Beverages to Individuals — Definitions (1) The terms ‘deliver,' 'delivery address,' delivery person,' 'eligible business,' final consumer,' and 'third-party delivery facilitator' have the meaning given those terms in ORS 471.521 as presently drafted or as may be amended in the future. (2) Pursuant to ORS 471.521(6) , a ‘for-hire carrier’ is an individual, person, or company who meets the below criteria. As such, they are not ‘delivery persons’ or ‘third party delivery facilitators’ and are not subject to the delivery person or third-party delivery facilitator requirements in Oregon law or in these rules. A ‘for-hire carrier’ is an individual, person, or company who: (a) Is retained or used by a licensee to deliver or ship alcoholic beverages directly from a licensee, retail sales agent, distillery retail outlet agent or permit holder to a resident of Oregon or to a licensee of the Commission without the involvement of a third-party delivery facilitator or a delivery person; and (b) Is a motor carrier as defined in 49 U.S.C. 13102, a freight forwarder as defined in 49 U.S.C. 13102 or an air carrier as defined in 49 U.S.C. 40102. (3) For the purposes of describing actions taken by ‘for-hire carriers,’ these rules use the terms “ship” and “deliver” interchangeably to mean “to cause the transport of malt beverages, wine, cider, or distilled spirits from a licensee, retail sales agent, distillery retail outlet agent or permit holder to a resident of Oregon or to a licensee of the Commission.” (4) “Month” means a calendar month. (5) Notwithstanding section (1) above, a “third-party delivery facilitator” is not a motor carrier as defined in 49 U.S.C. 13102, a freight forwarder as defined in 49 U.S.C. 13102, or an air carrier as defined in 49 U.S.C. 40102. Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.282, 471.521 & 2021 OL Ch. 180 History: OLCC 7-2024, amend filed 06/21/2024, effective 06/28/2024 OLCC 9-2023, temporary amend filed 12/18/2023, effective 01/02/2024 through 06/28/2024 OLCC 22-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 7-2021, temporary amend filed 07/15/2021, effective 07/16/2021 through 12/31/2021 OLCC 8-2008, f. 6-12-08, cert. ef. 6-29-08 OLCC 6-2008(Temp), f. & cert. ef. 4-18-08 thru 6-28-08 OLCC 23-2007(Temp), f. 12-14-07, cert. ef. 1-1-08 thru 6-28-08
845-006-0400 Requirements for Direct to Retailer Permit (1) The holder of a Direct to Retailer permit may sell at wholesale and transport directly to the holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190, or 471.200 and only to an address where the licensee holds an annual or special license issued by the Commission: (a) Wine or cider that the holder of the permit produced, fermented, manufactured, or blended (b) A brand of malt beverages that the holder of the permit produced, fermented, manufactured, or blended provided the brand of malt beverages is not covered under a wholesale distribution agreement pursuant to ORS chapter 474. (2) The holder of a Direct to Retailer permit may not in a calendar year sell at wholesale and transport directly to the holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190, or 471.200 a combined total of more than 7,500 barrels (232,500 gallons) of malt beverages. (3) The holder of a Direct to Retailer permit: (a) Is responsible for paying all taxes imposed under ORS chapter 473 as a manufacturer or importing distributor, and for complying with all reporting requirements imposed by ORS chapter 473, for all malt beverages, wine, and cider sold and transported directly to the holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190, or 471.200 (b) Consents to the jurisdiction of the Commission and the courts of this state for the purpose of enforcing the provisions of ORS chapters 471, 473, 459A.700 to 459A.744, 474.005 to 474.095, and 474.115 and any related laws or rules; and (c) Must allow the Commission to audit the permit holder’s records upon request and shall make those records available to the Commission in Oregon no later than 60 days after the Commission sends the notice. Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.272 & 471.274 History: OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024 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
845-006-0401 Requirements for Oregon Retailers to Receive Malt Beverages, Wine or Cider from the Holder of a Direct to Retailer Permit (1) The holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190, or 471.200 may purchase and receive malt beverages, wine, and cider directly from the holder of a Direct to Retailer permit provided: (a) The malt beverages, wine, and cider are received only at an address where the licensee holds a valid annual license issued under ORS 471.175, 471.178, 471.186, 471.190, or 471.200 or at an address where the licensee holds a special license issued by the Commission; and (b) The malt beverages, wine, and cider are only for retail sale and service by the licensee at the address at which they were received. (2) A person described in subsection (1) of this rule may submit to the Commission on or before the 20th day of each month a report showing the quantity of malt beverages, wine, or cider received directly from holders of a Direct to Retailer permit during the immediately preceding calendar month, and any other information required by the Commission. This subsection does not apply to a person who receives in one month no more than a combined total of 10 liters of malt beverages, wine, or cider from all holders of a Direct to Retailer permit. (3) ORS chapter 474 does not apply to a person described in subsection (1) of this rule when the retail licensee receives malt beverages, wine, or cider directly from the holder of a Direct to Retailer permit. Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.274 & 471.404 History: OLCC 5-2025, amend filed 11/20/2025, effective 01/01/2026 OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024 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