justicedao/ipfs_state_laws huggingface dataset:
845-009-0015 Licensee and Authorized Person’s Responsibility for Verifying Identification Before allowing anyone who is required to have a service permit or temporary service permit under ORS 471.360 to perform the duties described in OAR 845-009-0010(1), a licensee must: (1) Make sure the person has a valid service permit or a valid temporary service permit; and (2) Verify the person's age and identity (for example, make sure the person's physical description matches the person's driver's license photo and description). Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) Statutes/Other Implemented: ORS 471.360 (1), 471.365 (2), 471.375, 2024 OL Ch. 40 Sec. 10, 2024 OL Ch. 40 Sec. 11 & 2024 OL Ch. 40 Sec. 12 History: OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 16-2017, amend filed 12/29/2017, effective 01/01/2018 OLCC 9-2013, f. 10-30-13, cert. ef. 11-1-13 OLCC 3-2013(Temp), f. & cert. ef. 5-10-13 thru 11-6-13 OLCC 4-2005, f. 6-7-05, cert. ef. 7-1-05 OLCC 10-2004, f. 10-15-04 cert. ef. 11-1-04 OLCC 20-2003, f. 11-24-03, cert. ef. 12-1-03 OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03 OLCC 5-2002, f. 4-12-02, cert. ef. 4-29-02 OLCC 10-2001(Temp), f. 10-12-01, cert. ef. 11-1-01 thru 4-29-02 OLCC 3-1991, f. 3-1-91, cert. ef. 4-1-91
845-009-0105 The Examination (Service Permittees and Service Permit Applicants) (1) A passing grade on the Commission-issued exam is 70 percent. (2) After the service permit applicant or permittee takes the course and exam, the Commission will give him/her the examination results. (3) A service permit applicant, who does not pass this exam, may retake the exam. (4) If the applicant does not take and pass the exam within 45 days of the date their application was received, the Commission will deem the application incomplete under OAR 845-009-0005. Statutory/Other Authority: ORS 471.030, 471.730 (1), 471.730 (5), 472.030 & 472.060 (1) Statutes/Other Implemented: ORS 471.542 & 2024 OL Ch. 40 Sec. 15 History: OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 16-2017, amend filed 12/29/2017, effective 01/01/2018 OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03 OLCC 5-1991, f. 3-1-91, cert. ef. 4-1-91, Renumbered from 845-016-0120 OLCC 17-1987, f. 4-30-87, cert. ef. 5-1-87 LCC 31-1986(Temp), f. 12-1-86, cert. ef. 12-8-86
845-009-0110 Oral Option An applicant or permittee may take the exam either in writing or orally at the completion of the course. He/she may also take the retake exams either in writing or orally. The applicant or permittee must make arrangements with the provider or field office for an oral exam. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.542 History: OLCC 5-1991, f. 3-1-91, cert. ef. 4-1-91, Renumbered from 845-016-0125 OLCC 17-1987, f. 4-30-87, ef. 5-1-87 LCC 31-1986(Temp), f. 12-1-86, ef. 12-8-86
845-009-0115 Server Education Hearings: Service Permittees and Applicants (1) If the Commission denies a service permit because the applicant, licensee, or permittee fails to meet the alcohol server education requirement, the applicant or permittee is entitled to a hearing under the procedures in OAR 137, division 003 and OAR 845, division 003. (2) Despite section (1) of this rule, the applicant or permittee is not entitled to a hearing if the applicant or permittee fails to pass the alcohol server exam. Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.542, 183 & 2024 OL Ch. 40 Sec. 15 History: OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01 OLCC 5-1991, f. 3-1-91, cert. ef. 4-1-91, Renumbered from 845-016-0130 OLCC 17-1987, f. 4-30-87, cert. ef. 5-1-87
845-009-0140 Age Verification Equipment (1) As used in this rule: "Retail licensee" and "licensee" mean a retail licensee as defined in ORS 471.392; (2) In order to qualify for the credit provided under section (3) or (4) of this rule, age verification equipment must meet all of the following standards: (a) The equipment must trigger an age verification process or the equipment itself must verify the age. In either case, the equipment must indicate to the licensee or employee if the customer is of legal age to purchase alcoholic beverages; (b) The equipment must have a memory function and must be capable of producing a hard copy printout of the results of any verification transaction within the last seven days, either directly from the equipment or through a computer; (c) The equipment must be able to perform the age verification function for identification from all states in the United States, via either the equipment reading the identification automatically or manual entry of the information; and (d) The equipment must have the capacity to be updated or upgraded. (3) For the first or second violation of ORS 471.410(2) or 845-006-0335(1) in a two-year period, the licensee may choose to purchase age verification equipment in lieu of the standard first level Category IIb sanction, not to exceed 10 days of the suspension or $2500 of the civil penalty. The licensee is responsible for paying or serving any portion of the sanction charged in excess of the standard sanction. (4) For the first or second violation of ORS 471.410(2) or 845-006-0335(1) in a two-year period by a member of the Responsible Vendor Program, the licensee may choose to purchase age verification equipment in lieu of the standard Category III(a) sanction. The licensee is responsible for paying or serving any portion of the sanction charged in excess of the standard sanction. (5) A licensee may choose this option only one time per license. If the licensee previously purchased equipment, the Commission may allow the licensee to use the purchase of the equipment in lieu of paying up to $2500 of the civil penalty or serving up to 10 days of the suspension, if the licensee has not previously received this option. (6) In order to receive the credit under this rule, the licensee must be using the age verification equipment within the timeframe specified in either the Request to Exercise Age Verification Equipment Option form or a settlement agreement; otherwise the licensee is responsible for the full sanction. (7) A licensee who has received a credit under this rule for age verification equipment is expected to maintain the equipment in working order and to use the equipment to verify age as OAR 845-006-0335 requires. Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.342 History: OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024 OLCC 7-2013, f. 8-28-13, cert. ef. 10-1-13 OLCC 9-2011, f. & cert. ef. 11-1-11 OLCC 9-2006, f. 7-19-06, cert. ef. 8-1-06 OLCC 5-2003, f. 3-31-03 cert. ef. 4-1-03 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-010-0151 Deduction of Privilege Tax After Destruction of Defective Product (1) A wholesaler may claim a deduction for the privilege tax paid on defective malt beverage or wine after the wholesaler has destroyed the defective product. To claim the deduction, the wholesaler: (a) Destroys the defective product as indicated; (b) Sends a Bad Order Claim (Form 434) and an Affidavit of Destruction to the Commission; (c) Receives the Commission's written approval of the claim; (d) Completes Schedule V — Authorized Deductions; and (e) Sends the completed form and the Bad Order Claim approval letter to the Commission with the monthly privilege tax report. (2) The Commission may require at least 24 hours notification before the wholesaler destroys the product of the date, time and place of the planned destruction. (3) When the wholesaler has given the retailer a credit for more than one case of product, as OAR 845-013-0020(1) allows, the wholesaler, in addition to the procedure in section (1) of this rule: (a) Gets the retailer's signature on the Bad Order Claim before sending it to the Commission for approval; and (b) Includes a copy of the Commission's approval of the credit with Schedule V. (4) When the wholesaler has given the retailer a credit for one case of product or less, as OAR 845-013-0020(1) allows, in addition to the procedure in section (1) of this rule, the wholesaler includes a copy of the wholesaler's credit memorandum with Schedule V. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 473.050(4) & 473.060 History: OLCC 11-2005, f. 12-19-05, cert. ef. 1-1-06 OLCC 13-1991, f. 9-9-91, cert. ef. 10-1-91 OLCC 3-1987, f. 2-9-87, ef. 4-1-87, Renumbered from 845-006-0075 LCC 21-1980, f. 6-20-80, ef. 7-1-80, Renumbered from 845-010-0150 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
845-010-0166 Territorial Agreements for the Wholesale Sale of Malt Beverages The Commission interprets ORS 474.115 as follows: (1) Only one wholesaler may distribute a brand of malt beverage in a designated territory. (2) When an importer contracts with a wholesaler for exclusive distribution, the importer must give the Commission copies of both its agreement with the wholesaler and its agreement with the manufacturer that documents its authority to designate a wholesaler. The Commission will not allow the wholesaler to post prices without both agreements. (3) The Commission will accept a filing for a change in an exclusive territorial designation whenever the manufacturer executes and files a notice of change and an affidavit that the level of service will not be affected. This applies even when the existing agreement is between an importer and a wholesaler. When the Commission receives the notice, manufacturer’s affidavit, and territorial agreement, the new agreement automatically supercedes any previous agreements. (4) The manufacturer may base the affidavit on information received from the wholesaler. (5) "Level of service will not be affected" means that the new wholesaler will comply with all quality control standards and services as required in ORS 474.115, and will service all retail licensees within the designated territory who want to sell the product. (6) The Commission’s only responsibilities under ORS 474.115 are to accept and file notices, affidavits, and territorial agreements a manufacturer submits. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 474.115 History: OLCC 6-2003, f. 4-25-03, cert. ef. 5-1-03 LCC 24-1986, f. 10-30-86, ef. 11-1-86 LCC 5-1986(Temp), f. & ef. 3-26-86
845-010-0200 Wholesale Licensees; Sales, Prices to Retailers (1) A wholesale licensee must maintain and operate a permanent place of business with proper and adequate facilities for storing and distributing alcoholic liquor. (2) No wholesale licensee shall operate for the purpose of selling and distributing a particular brand or brands of alcoholic liquor to a certain few specific retail licensees and to the exclusion of other retailers. (3) No wholesale licensee shall offer or give quantity discounts to retail licensees. A price charged by a wholesale licensee for a particular brand, type or container size shall be the same to all retail licensees. (4) Sections (1) and (2) of this rule shall not apply to out-of-state breweries and wineries holding wholesale licenses for the purpose of importing alcoholic liquor for redistribution to other wholesalers or for the purpose of paying privilege taxes pursuant to ORS Chapter 473. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.398 History: LCC 29-1980, f. 12-22-80, ef. 2-1-81 LCC 43, f. 11-20-73, ef. 12-11-73 LCC 29, f. 5-21-64 LCC 28, f. 12-19-60 LCC 27, f. 9-15-60 LCC 26, f. 5-12-60
845-010-0207 Pasteurization of Malt Beverages (1) “Pasteurized malt beverages” means malt beverages which have been subjected to such process or processes in manufacture and packaging which effectively inhibit continuing microbiological activity by the inactivation, destruction, or removal of organisms capable of such growth, activity or decomposition. (2) The following methods for pasteurization of malt beverages are acceptable: (a) Heating the malt beverage after bottling or canning; or (b) Heating the malt beverage, then bottling or canning under aseptic conditions. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.345 History: LCC 26-1980, f. 9-30-80, ef. 10-1-80 LCC 22-1979, f. 9-24-79, ef. 10-1-79
845-010-0210 Price Lists (1) Any wholesale licensee of the Commission must maintain price lists at the licensed business premises for two years. Licensees must have these price lists available for Commission inspection at all times during business hours. (2) A licensee must charge all retailers the same price excluding any transportation costs. (3) The price list must show: (a) Every brand and type of product offered for sale; (b) The price for each size container; (c) The effective date of each price; (d) Any allowance granted for a returnable container; (e) Any handling fee on wine sold in less than the smallest multiple-package case available for sale; and (f) Any transportation costs. Since ORS 474.115 prohibits quantity discounts, a wholesaler may not base transportation costs on quantity. The licensee must also show the amount of any transportation cost on the retailer’s invoice. (4) A price list becomes effective on the date the wholesaler indicates on the list. (5) Once a licensee decreases a price, the licensee must not increase the price for 14 days. Whenever a licensee changes a price, the licensee must prepare a new price list. (6) After a price becomes effective, the licensee must sell only at that price. If a licensee sells malt beverages or wine at any other price, the Commission considers the sale to be giving financial assistance within the meaning of the Oregon Liquor Control Act and the Commission’s administrative rules. (7) The Commission does not require price lists for dock sales to consumers. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.398 History: OLCC 6-2003, f. 4-25-03, cert. ef. 5-1-03 OLCC 10-1990, f. 4-18-90, cert. ef. 4-19-90 Reverted to OLCC 15-1987, f. 4-6-87, ef. 7-1-87 OLCC 9-1989(Temp), f. 10-2-89, cert. ef. 10-15-89 OLCC 15-1987, f. 4-6-87, ef. 7-1-87 LCC 31-1980, f. 12-22-80, ef. 2-1-81 LCC 55, f. 10-20-76, ef. 12-1-76 LCC 33, f. 6-12-69 LCC 29, f. 5-21-64 LCC 28, f. 12-19-60 LCC 27, f. 9-15-60 LCC 26, f. 5-12-60
845-010-0280 Standards of Identity and Prohibited Practices Concerning Wine The regulations of the Alcohol and Tobacco Tax and Trade Bureau (TTB) of the United States Department of Treasury apply to all wine sold in Oregon by a Commission licensee. In any case where OAR 845-010-0905 through 845-010-0930 impose requirements beyond those in these federal regulations, or disallow any practice the federal regulations allow, 845-010-0905 through 845-010-0930 prevail. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.442, 471.445 & 471.446 History: OLCC 22-2007, f. 10-24-07, cert. ef. 11-1-07 OLCC 7-1987, f. 3-13-87, ef. 4-1-87 LCC 34, f. 1-23-70, ef. 2-26-70 LCC 29, f. 5-21-64 LCC 28, f. 12-19-60 LCC 27, f. 9-15-60 LCC 26, f. 5-12-60
845-010-0290 Labeling Requirements for Wine (1) As used in Sections (4) and (6) of this rule, “control” means that the manufacturer holds the certificate of label approval with the Alcohol and Tobacco Tax and Trade Bureau or holds the certificate of exemption from label approval with the Alcohol and Tobacco Tax and Trade Bureau. (2) "Label" means all information-bearing material attached to or a part of a wine container, including all closures. (3) “Manufacturer” has the definition set forth in ORS 471.001, and includes a person who bottles and labels wine. (4) If the wine is sold in Oregon, the manufacturer must ensure that all wine labels under the manufacturer’s control comply with: (a) The Commission's advertising rules (OAR Chapter 845, Division 007); (b) OAR 845-010-0280 (Federal Standards for Wine Identity); (c) OAR 845-010-0206 (Private Labels); and (d) When applicable, OAR 845-010-0905 through 845-010-0930 (Oregon Standards for Wine Identity). (5) If a manufacturer or wholesaler sells a wine in Oregon or causes a wine to be imported into Oregon that does not comply with the labeling requirements, the Commission may, in addition to any other sanction, require the manufacturer or wholesaler to stop selling the wine in Oregon and recall the subject wine. (6) Only a manufacturer with control over the label may alter or remove a label on wine produced, bottled or made available for sale in Oregon and only in compliance with federal or state laws. (7) Unless otherwise specified in a rule incorporated by reference, a violation of this rule is a Category IV violation. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.442, 471.445 & 471.446 History: OLCC 26-2020, amend filed 12/29/2020, effective 01/01/2021 OLCC 22-2007, f. 10-24-07, cert. ef. 11-1-07 OLCC 11-1995, f. 12-4-95, cert. ef. 1-1-96 OLCC 16-1987, f. 4-6-87, ef. 7-1-87 LCC 29, f. 5-21-64 LCC 28, f. 12-19-60 LCC 27, f. 9-15-60 LCC 26, f. 5-12-60
845-010-0300 Sacramental Wine The Commission will issue a permit to import sacramental wine without charge to any religious organization that submits a written application signed by a principal officer. The religious organization may not transfer the permit and may use the permit only to import wine for its own use. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.335(1)(b) History: LCC 11-1985, f. 12-3-85, ef. 1-1-86 LCC 29, f. 5-21-64 LCC 28, f. 12-19-60 LCC 27, f. 9-15-60 LCC 26, f. 5-12-60
845-010-0310 Seizure of Substandard Wine The Commission at its discretion will pick up samples of wine to determine whether or not such wine is in conformity with analysis furnished the Commission and for the further purpose of determining whether the wine meets the standards set by law and the regulations of the Commission. When wine is found to be not in conformity with the standards set by law and the regulations of the Commission, the bottler shall hold or repossess forthwith all wine of such lot covered by release permit under which the particular wine so found to be substandard was released for sale in the State of Oregon. Such wine will be placed in detention and unless within a period of 30 days from the date of such detention application is made for the return of such merchandise to the point of origin, or permission is granted by the Commission for the restabilization or reconditioning of the wine so that it conforms to the aforementioned standards, the wine shall be destroyed under the supervision of the Commission. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.735 History: LCC 29, f. 5-21-64 LCC 28, f. 12-19-60 LCC 27, f. 9-15-60 LCC 26, f. 5-12-60
845-010-0905 Wine Produced or Bottled in Oregon from Vitis Vinifera or its Hybrid Grades — Definitions As used in OAR 845-010-0905 through 845-010-0930: (1) "Wine" means grape wine. (2) "Vitis Vinifera" is a species of grapes from which most European wines and a majority of Oregon wines are produced. Some examples of this species are "Pinot noir," "Chardonnay" and "White Riesling." (3) "Wine Label" means all information-bearing material attached to or part of a package in which a wine is sold. Some examples of wine labels are printed paper glued to a wine bottle or bag-in-box carton, screen-printing or etching on a wine bottle, information molded into a bottle, and a printed bottle closure or cork. (4) "Brand Label" means a label carrying the brand name of a wine, its class or type designation and its appellation of origin. (5) "Class Designation" is a standard of identity of a wine. Some examples are "grape wine," "table wine," "dessert wine," "sparkling wine" and "carbonated grape." (6) "Type Designation" is an alternative standard of identity used in place of a class designation. Examples are a "grape variety name" or "varietal name" and a "semi-generic designation of geographic significance." (7) "Semi-Generic Designation of Geographic Significance" is a name that identifies both the traditional source of wine produced in a certain region and the name Federal regulations have permitted to designate a type of wine produced anywhere. Some examples specified in Federal regulations are "Anjelica," "Burgundy," "Chablis," "Champagne," "Chianti," “Claret,” "Madeira," "Malaga," "Marsala," "Moselle," "Port," "Rhine Wine" or "Hock," "Sauterne," "Haut Sauterne," "Sherry" and "Tokay." (8) "Appellation of Origin" is the name of the geographic area in which the grapes used to make a wine were grown. Appellations of origin are limited to the names of a country, state, or county or American Viticultural Area. Some examples are "American," "Oregon," "Yamhill County," and "Umpqua Valley." (9) "American Viticultural Area" is a delimited grape-growing region that is distinguishable by geographic features and whose boundaries the Alcohol and Tobacco Tax and Trade Bureau (TTB) has defined. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.442, 471.445 & 471.446 History: OLCC 22-2007, f. 10-24-07, cert. ef. 11-1-07 OLCC 14-2004, f. 11-18-04 cert. ef. 12-1-04 OLCC 26-1987, f. 12-30-87, cert. ef. 1-1-88, Renumbered from 845-010-0292 LCC 17-1978, f. 12-26-78, ef. 1-1-79 LCC 59, f. 2-18-77, ef. 3-1-77
845-010-0910 Wine Produced or Bottled in Oregon from Vitis Vinifera or its Hybrid Grades — Purpose and Applicability (1) The Commission sets rigorous labeling standards for grape wine produced or bottled in Oregon to: (a) Ensure accurate presentation of the product; and (b) Encourage Oregon's wine industry by enhancing the quality, image and marketability of Oregon wine. (2) OAR 845-010-0905 through 845-010-0930 apply to all grape wines produced or bottled in Oregon from vitis vinifera or its hybrid grapes, including restored or unrestored concentrated must of those grapes. They also apply to all grape wines on which "Oregon" or an appellation of origin wholly within Oregon appears as the appellation of origin, regardless of where the wine was produced or bottled. These rules prevail in any conflict between these rules and other rules in chapter 845, division 010. (3) OAR 845-010-0905 through 845-010-0930 apply to grape wines labeled after November 1, 2007. (4) The Commission may adopt rules to impose additional wine labeling requirements that the Commission deems appropriate to carry out the purpose set forth in this rule. The Commission may make a wine labeling requirement applicable to wines produced in some or all of the American Viticultural Areas in this state. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.442, 471.445, 471.446 & 471.802 History: OLCC 26-2020, amend filed 12/29/2020, effective 01/01/2021 OLCC 22-2007, f. 10-24-07, cert. ef. 11-1-07 OLCC 26-1987, f. 12-30-87, cert. ef. 1-1-88, Renumbered from 845-010-0292 LCC 17-1978, f. 12-26-78, ef. 1-1-79 LCC 59, f. 2-18-77, ef. 3-1-77