reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0332 - Tour Boat License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.182 allows the Commission to
			 issue a Full On-Premises Sales license to a tour boat owner or operator. The
			 statute also allows the Commission to waive a regulation for a tour boat
			 operator or owner that would otherwise apply to a commercial
			 establishment.
(2) The Commission
			 may allow more than one tour boat to be operated under one Full On-Premises
			 Sales license if:
(a) The licensee owns or
			 leases the tour boats. The Commission does not license a tour boat operator's
			 agent or representative;
(b) Each
			 boat is a "tour boat" as defined by ORS
			 471.182(2)(c);
(c) The licensee notifies the Commission in
			 writing at least 10 days before adding an additional tour boat to be operated
			 under the license;
(d) The licensee
			 meets all applicable licensing criteria.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0336 - Certificate of Authority Holder's Sales Employees

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS
				471.162(3), a
				Certificate of Authority holder is a licensee of the Commission authorized to
				sell and ship malt beverages and wine to licensed Oregon wholesalers. Employees
				of a Certificate of Authority holder may sell alcoholic beverages on the
				employers behalf to licensed Oregon wholesalers.
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.162(3)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0355 - Restricting License Privileges and Conduct of Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may restrict a license or
			 service permit when:
(a) In the absence of a
			 restriction, the Commission has a basis to cancel, suspend/fine or deny the
			 license or service permit;
(b) In
			 addition to all or part of a suspension or fine, a restriction may prevent the
			 recurrence of the problem(s) that caused the violation(s);
(c) The Commission determines that a
			 restriction is in the public interest or convenience; or
(d) The Commission has a basis to refuse the
			 license and the applicant or licensee has submitted a qualifying control or
			 operating plan as good cause to overcome the refusal basis. In these
			 circumstances the Commission shall impose as restrictions those elements of the
			 control or operating plan that the Commission determines are essential to
			 overcoming the refusal basis.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0360 - License Renewal: Requirements for Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Filing a
			 Renewal Application:
(a) Any licensee who
			 files a completed renewal application with the Commission at least 20 days
			 before the date the license expires may continue to operate as if the license
			 were renewed, pending a decision by the Commission;
(b) Any licensee who does not file a
			 completed renewal application at least 20 days before the existing license
			 expires must stop selling or serving alcoholic beverages when the license
			 expires. However:
(A) If the Commission
			 receives a completed license renewal application less than 20 days before the
			 date the existing license expires, the Commission will, upon receipt of the
			 appropriate late renewal fee that ORS
			 471.311(3)
			 requires, issue a letter of authority to operate beyond the expiration of the
			 license, pending a decision by the Commission;
(B) A licensee must not sell or serve
			 alcoholic beverages after the license expires; a violation of this subsection
			 is a Category III violation. If the Commission receives a completed license
			 renewal application within 30 days after the date the existing license expires,
			 the Commission will, upon receipt of the appropriate late renewal fee that ORS
			 471.311(3)
			 requires, issue a letter of authority to resume operation, pending a decision
			 by the Commission.
(c)
			 The Commission will not renew a license if the Commission receives the renewal
			 application more than 30 days after the license expires. A person who wants to
			 resume selling or serving alcoholic beverages in this circumstance:
(A) Must submit a completed new application,
			 including the documents and information required by the Commission.
(B) Must not sell or serve alcoholic
			 beverages unless and until they receive authority to operate from the
			 Commission after submitting the completed new application.
(d) A person relicensed under section (1)(c)
			 of this rule who sold or served alcoholic beverages in violation of section
			 (1)(b)(B) of this rule is subject to administrative sanctions.
(e) A person who sells or serves alcoholic
			 beverages without a liquor license is in violation of ORS
			 471.475, a misdemeanor, and is
			 subject to criminal prosecution.
(f) For purposes of this rule, a completed
			 application is considered filed or received according to its postmark date, if
			 legible, or according to the date the Commission actually receives the
			 completed application, whichever is earlier.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0365 - Change of Licensee; Change of Location

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may allow a change of
			 licensee at a licensed business. The proposed new owner must apply for a new
			 license.
(2) The Commission may
			 allow a change of location of a licensed operation. The licensee must apply for
			 a new license for the new location.
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.313,
				  471.292(1)(e)&
				  471.292(2)(d)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0366 - License Surrender

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee may ask the Commission to accept the surrender of a
				license. The license remains in effect until the Commission accepts the
				surrender. If the Commission accepts it, the Commission will notify the
				licensee of the date the Commission accepts the surrender. The licensee must
				stop selling or serving alcoholic beverages from this date through the
				remainder of the licensing period. If the licensee wants to sell or serve
				alcoholic beverages after this date, the licensee must apply for and receive a
				new license.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.030 &
				  471.292
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0400 - Liquor Liability Insurance or Bond Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
Certain licensees are required to maintain liquor liability
				insurance or a bond. Failure to maintain the required liquor liability
				insurance or bond constitutes a serious threat to public health and safety.
				This rule explains the liquor liability insurance or bond requirement and
				sanctions.
(1) Requirement. The
			 Commission will refuse to license any applicant, may cancel or suspend the
			 license of any licensee, and may sanction any licensee that is subject to the
			 requirements of this rule and fails to:
(a)
			 Maintain liquor liability insurance of not less than $300,000; or
(b) Maintain a liquor liability bond with a
			 corporate surety authorized to transact business in this state in the amount of
			 not less than $300,000.
(c)
			 Designate and maintain the Commission as a certificate holder.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0401

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  471.030,
				  471.040,
				  471.730(1),
				  471.730(5)
Statutes/Other Implemented: ORS
				  471.405(3),
				  471.406
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0405 - Full or Limited On-Premises Licensee Small-Scale Private Catering

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.184(1)
			 allows the holder of a Full On-Premises Sales or Limited On-Premises Sales
			 license, at locations other than the licensee's annually licensed premises when
			 catering small-scale temporary events where the licensee will furnish food and
			 beverage services for 100 or fewer guests of the catering client, to:
(a) Sell and serve the alcoholic beverages
			 permitted by the license for on-premises consumption.
(b) Sell and deliver factory-sealed
			 containers of malt beverages, wine, and cider direct to consumer for
			 consumption off the licensed premises. Any deliveries must follow OAR
			 845-006-0392 and
			 845-006-0396.
(c) This rule refers to this type of catering
			 as small-scale private catering.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0410 - Full or Limited On-Premises Licensee Large-Scale Private Catered Events and Temporary Use of an Annual License for Events at Another Location

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person must
			 obtain from the Commission a license or authority to sell alcoholic beverages
			 on premises that the Commission has not licensed. ORS
			 471.405 establishes a
			 prohibition on the sale of alcoholic beverages without a license or authority.
			 ORS 471.406 defines sale of
			 alcoholic beverages.
(2)
			 Definitions. For this rule:
(a) "Bar" means a
			 counter at which the preparation, pouring, serving, sale, or consumption of
			 alcoholic beverages is the primary activity;
(b) "Food counter" means a counter in an area
			 in which minors are allowed and at which the primary activity at all times is
			 the preparation, serving, sale, or consumption of food;
(c) "License day" means from 7:00 am until
			 2:30 am on the succeeding calendar day, or any part of a license day.
(d) "Serious violation history" means:
(A) Two or more category III or IIIa
			 administrative violations of any type, or category IV violations involving
			 minors. However, if the circumstances of a violation include aggravation, one
			 violation may be sufficient; or
(B)
			 One category I, II, or IIa administrative violation; or
(C) Two or more crimes or offenses involving
			 liquor laws.
(e) "Social
			 game" means a game other than a lottery, if authorized by a local county or
			 city ordinance pursuant to ORS
			 167.121, between players in a
			 private business, private club, or place of public accommodation where no house
			 player, house bank, or house odds exist and there is no house income from the
			 operation of the social game.
(f)
			 "Video lottery game" means a video lottery game terminal authorized by the
			 Oregon State Lottery. Examples include but are not limited to video poker and
			 video slots. Keno monitors are not considered a video lottery
			 game.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0412 - Special Events Brewery License

Current through Register Vol. 63, No. 7, July 1, 2024
Section 2, Chapter 3, Oregon Laws 2016 authorizes the
				Commission to issue a Special Events Brewery (SEB) license to an Oregon Brewery
				licensee. This rule sets the qualifications and requirements for a Special
				Events Brewery license.
(1)
			 Definitions.
(a) "Bar" means a counter at
			 which the preparation, pouring, serving, sale, or consumption of alcoholic
			 beverages is the primary activity;
(b) "Food counter" means a counter in an area
			 in which minors are allowed and at which the primary activity at all times is
			 the preparation, serving, sale, or consumption of food;
(c) "License day" means from 7:00 am until
			 2:30 am on the succeeding calendar day. The license fee is $10.00 per license
			 day or any part of a license day.
(d) "Serious violation history" means:
(A) Two or more category III or IIIa
			 administrative violations of any type, or category IV violations involving
			 minors. However, if the circumstances of a violation include aggravation, one
			 violation may be sufficient; or
(B)
			 One category I, II, or IIa administrative violation; or
(C) Two or more crimes or offenses involving
			 liquor laws.
(e) "Social
			 game" means a game other than a lottery, if authorized by a local county or
			 city ordinance pursuant to ORS
			 167.121, between players in a
			 private business, private club, or place of public accommodation where no house
			 player, house bank, or house odds exist and there is no house income from the
			 operation of the social game.
(f)
			 "Video lottery game" means a video lottery game terminal authorized by the
			 Oregon State Lottery. Examples include but are not limited to video poker and
			 video slots. Keno monitors are not considered a video lottery
			 game.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0413 - Special Events Distillery License

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 471.230 authorizes the
				Commission to issue a Special Events Distillery (SED) license to an Oregon
				Distillery licensee. This rule sets the qualifications and requirements for a
				Special Events Distillery license.
(1)
			 Definitions. For this rule:
(a) "Bar" means a
			 counter at which the preparation, pouring, serving, sale, or consumption of
			 alcoholic beverages is the primary activity;
(b) "Food counter" means a counter in an area
			 in which minors are allowed and at which the primary activity at all times is
			 the preparation, serving, sale, or consumption of food;
(c) "License day" means from 7:00 am until
			 2:30 am on the succeeding calendar day. The license fee is $10.00 per license
			 day or any part of a license day.
(d) "Manufactured by the distillery licensee"
			 means the licensee distills, rectifies, blends, or otherwise produces the
			 distilled liquor product on the distillery licensed premises in
			 Oregon.
(e) "Serious violation
			 history" means:
(A) Two or more category III
			 or IIIa administrative violations of any type, or category IV violations
			 involving minors. However, if the circumstances of a violation include
			 aggravation, one violation may be sufficient; or
(B) One category I, II, or IIa administrative
			 violation; or
(C) Two or more
			 crimes or offenses involving liquor laws.
(f) "Social game" means a game other than a
			 lottery, if authorized by a local county or city ordinance pursuant to ORS
			 167.121, between players in a
			 private business, private club, or place of public accommodation where no house
			 player, house bank, or house odds exist and there is no house income from the
			 operation of the social game.
(g)
			 "Trade visitor" means a person whose job includes the purchase, or recommended
			 purchase, of distilled spirits by a licensee of the Commission or distributors
			 and others in the commercial distribution chain; or a person representing an
			 agency of mass communication, such as television, radio, newspaper, magazine,
			 and internet.
(h) "Video lottery
			 game" means a video lottery game terminal authorized by the Oregon State
			 Lottery. Examples include but are not limited to video poker and video slots.
			 Keno monitors are not considered a video lottery game.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0414 - Special Events Brewery-Public House License

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 471.200 authorizes the
				Commission to issue a Special Events Brewery-Public House (SEBPH) license to a
				Brewery-Public House licensee. This rule sets the qualifications and
				requirements for a Special Events Brewery-Public House license.
(1) Definitions. For this rule:
(a) "Bar" means a counter at which the
			 preparation, pouring, serving, sale, or consumption of alcoholic beverages is
			 the primary activity;
(b) "Food
			 counter" means a counter in an area in which minors are allowed and at which
			 the primary activity at all times is the preparation, serving, sale, or
			 consumption of food;
(c) "License
			 day" means from 7:00 am until 2:30 am on the succeeding calendar day. The
			 license fee is $10.00 per license day or any part of a license day.
(d) "Serious violation history" means:
(A) Two or more category III or IIIa
			 administrative violations of any type, or category IV violations involving
			 minors. However, if the circumstances of a violation include aggravation, one
			 violation may be sufficient; or
(B)
			 One category I, II, or IIa administrative violation; or
(C) Two or more crimes or offenses involving
			 liquor laws.
(e) "Social
			 game" means a game other than a lottery, if authorized by a local county or
			 city ordinance pursuant to ORS
			 167.121, between players in a
			 private business, private club, or place of public accommodation where no house
			 player, house bank, or house odds exist and there is no house income from the
			 operation of the social game.
(f)
			 "Video lottery game" means a video lottery game terminal authorized by the
			 Oregon State Lottery. Examples include but are not limited to video poker and
			 video slots. Keno monitors are not considered a video lottery
			 game.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0415 - Special Event Winery and Special Event Grower Sales Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.223 authorizes the
			 Commission to issue a Special Events Winery license to a Winery licensee. The
			 special license may allow the licensee to sell wine, malt beverages and cider
			 allowed to be sold under the annual Winery license at retail for consumption on
			 or off the licensed premises at a location other than that designated as the
			 winery's annually licensed premises.
(2) ORS
			 471.227 authorizes the
			 Commission to issue a Special Events Grower license to a Grower Sales Privilege
			 licensee. The special license may allow the licensee to sell wine and cider
			 allowed to be sold under the annual Grower Sales Privilege license at retail
			 for consumption on or off the licensed premises at a location other than that
			 designated as the grower's annually licensed premises.
(3) Definitions. For this rule:
(a) "Bar" means a counter at which the
			 preparation, pouring, serving, sale, or consumption of alcoholic beverages is
			 the primary activity;
(b) "Food
			 counter" means a counter in an area in which minors are allowed and at which
			 the primary activity at all times is the preparation, serving, sale, or
			 consumption of food;
(c) "License
			 day" means from 7:00 am until 2:30 am on the succeeding calendar day. The
			 license fee is $10.00 per license day or any part of a license day.
(d) "Serious violation history" means:
(A) Two or more category III or IIIa
			 administrative violations of any type, or category IV violations involving
			 minors. However, if the circumstances of a violation include aggravation, one
			 violation may be sufficient; or
(B)
			 One category I, II, or IIa administrative violation; or
(C) Two or more crimes or offenses involving
			 liquor laws.
(e) "Social
			 game" means a game other than a lottery, if authorized by a local county or
			 city ordinance pursuant to ORS
			 167.121, between players in a
			 private business, private club, or place of public accommodation where no house
			 player, house bank, or house odds exist and there is no house income from the
			 operation of the social game.
(f)
			 "Video lottery game" means a video lottery game terminal authorized by the
			 Oregon State Lottery. Examples include but are not limited to video poker and
			 video slots. Keno monitors are not considered a video lottery
			 game.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0416 - Delivery of Alcoholic Beverages to Individuals - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				845-005-0416 through
				845-005-0424 and
				845-009-0200:
(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 s 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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0417 - Qualifications for Direct Shipper Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Direct Shipper Permit allows the
			 delivery of only the type of alcohol allowed by the license that authorizes the
			 person to hold a Direct Shipper Permit. Only the following persons may qualify
			 for a Direct Shipper Permit:
(a) A person
			 holding a temporary sales license issued under ORS
			 471.190, brewery-public house
			 license issued under ORS
			 471.200, a brewery license
			 issued under ORS 471.221, a winery license issued
			 under ORS 471.223, or a grower sales
			 privilege license issued under 471.227.
(b) A person holding a license issued by
			 another state within the United States that authorizes the manufacture of malt
			 beverages, wine, or cider.
(c) A
			 person holding a license issued by another state within the United States that
			 authorizes the sale of wine or cider produced only from grapes or other fruit
			 grown under the control of the licensee.
(d) A person holding a license issued by
			 another state within the United States that authorizes the sale of malt
			 beverages, wine, or cider at retail for consumption off the licensed
			 premises.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0420 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.305
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0421 - Third-Party Delivery Facilitator Permit Qualifications, Requirements, and Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Third-Party
			 Delivery Facilitator must make application to the Commission and receive and
			 hold a valid third-party delivery facilitator permit from the Commission to:
(a) Deliver, or hold itself out as willing to
			 deliver, alcoholic beverages from an eligible business to a final consumer;
			 or
(b) Facilitate, or hold itself
			 out as willing to facilitate, the sale and delivery of alcoholic beverages by
			 an eligible business to a final consumer.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0424 - Guidelines for Approval of a For-Hire Carrier's Plan for Shipment of Malt Beverages, Wine, Cider or Distilled Spirits

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission will evaluate and may approve a for-hire
				carrier's plan to ship malt beverages, wine, cider or distilled spirits to a
				resident of Oregon.
(1) Shipping to a
			 resident of Oregon. In order to ship malt beverages, wine, cider or distilled
			 spirits to a resident of Oregon, a for-hire carrier must make application to
			 the Commission upon forms to be furnished by the Commission and receive
			 approval from the Commission before shipping any malt beverages, wine, cider or
			 distilled spirits to a resident of Oregon. The application shall include:
(a) Certification that the for-hire carrier
			 meets the criteria pursuant to OAR
			 845-005-0416(2)(b);
			 and
(b) The for-hire carrier's plan
			 for ensuring that:
(A) Only persons age 18 or
			 over will be used to ship the alcohol to the resident;
(B) The person used to ship the alcohol will
			 verify by inspecting government-issued photo identification that the person
			 receiving the alcohol is at least 21 years of age;
(C) The person used to ship the alcohol will
			 determine that the person receiving the alcohol is not visibly
			 intoxicated;
(D) Shipments of
			 alcohol will be completed in accordance with the hours and allowable shipment
			 locations in OAR 845-006-0392 and OAR
			 845-006-0396;
(E) Any package containing alcohol is
			 conspicuously labeled with the words "Contains alcohol: signature of person age
			 21 years or older required for delivery" or similar language approved by the
			 Commission; and
(F) Information is
			 collected that must be retained by the for-hire carrier for a minimum of
			 eighteen months from the date of shipping the alcohol. The information may be
			 collected and retained electronically (if the carrier so chooses) and must
			 include:
(i) The date and time the alcohol was
			 shipped to the resident;
(ii) The
			 name or information which can be used to determine the name of the person
			 shipping the alcohol to the resident; and
(iii) The name, signature, and shipping
			 address of the person receiving the alcohol.
(iv) The tradename and licensed or permitted
			 address of the licensee or permittee that sold the alcohol for shipment to the
			 resident.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0425 - Qualifications for Direct to Retailer Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to qualify for a Direct to
			 Retailer Permit, a person must:
(a) Be a
			 resident of another state or territory of the United States;
(b) Hold a valid license issued by the other
			 state or territory of the United States that authorizes the manufacture of malt
			 beverages, wine or cider;
(c) Hold
			 a valid standard Certificate of Approval issued under ORS
			 471.244; and
(d) Hold a bond or other security, as
			 described in ORS 471.155, in the minimum amount
			 of $1,000.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0426

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471, including 471.030, 471.040 &
				  471.730(1) & (5)
Stats. Implemented: ORS
				  471.274 &
				  471.404
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0427 - Retail On-Premises Malt Beverage or Wine Sampling Involving Manufacturer or Certificate of Approval Holder

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certificate of Approval holders and
			 Oregon Winery, Grower Sales Privilege, Brewery-Public House, Brewery, and
			 Warehouse licensees may conduct or assist at tasting events at Full On-Premises
			 Sales and Limited On-Premises Sales licensed premises, and at Off-Premises
			 Sales licensed premises which sell petroleum products in compliance with OAR
			 845-006-0450, for the purpose of
			 promoting their wine, cider, and malt beverage products to the
			 public.
(2) Sample tasting events
			 permitted under this rule:
(a) Do not require
			 a special or temporary license;
(b)
			 Must be conducted in compliance with OAR
			 845-006-0450.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0428 - Retail On-Premises Distilled Spirits Sampling Involving Distillery Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Full
			 On-Premises Sales licensees may allow a distillery with products approved for
			 sale in Oregon (distillery) and its representatives, employees, contractors,
			 and agents to participate in distilled spirits sample tasting events. These
			 events must be sponsored by the Full On-Premises Sales licensee and be held on
			 the Full On-Premises Sales licensee's annually (not temporarily) licensed
			 premises.
(2) Sample Tasting
			 Events. These are events sponsored by the Full On-Premises Sales licensee where
			 a distillery and its representatives, employees, contractors, and agents visit
			 the Full On-Premises Sales licensee's annually licensed premises for the
			 purpose of offering free sample tastings of the distillery's product to
			 customers of the Full On-Premises Sales licensee. At any event allowed by this
			 rule, the Full On-Premises Sales licensee is responsible for ensuring that the
			 distillery and its representatives, employees, contractors, and agents:
(a) Provide or pay for the person to serve
			 the distilled spirit tasting. The server must be the distillery's
			 representative, employee, contractor, or agent. The server may not be an
			 employee or agent of the Full On-Premises licensee. The server may provide
			 education to patrons and staff. All servers must have valid Oregon Service
			 Permits;
(b) Do not compensate the
			 Full On-Premises Sales licensee or its employees or agents in order to conduct
			 the tasting event;
(c) Do not
			 provide any other service normally provided by the Full On-Premises Sales
			 licensee (for example: taking orders for alcohol or food, serving anything
			 other than sample tastings to customers, promoting alcohol beyond service of
			 the sample tasting);
(d) Provide
			 the distilled spirits product to be sampled, and remove any remaining product
			 at the end of the tasting;
(e)
			 Provide only distilled spirits product approved for sale in Oregon;
(f) Do not give anything prohibited by
			 division 13 of chapter 845 of the Commission's administrative rules to a
			 retailer or its customers;
(g)
			 Comply with ORS 471.398, and division 13 of
			 chapter 845 of the Commission's administrative rules.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0431 - Qualifications for Distilled Liquor Tastings Provided by Oregon Distillery Licensee

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 471.230 allows an Oregon
				distillery licensee to provide tastings of distilled liquor manufactured by the
				distillery licensee for consumption on the distillery licensee's premises and
				on no more than five other premises owned or leased by the distillery licensee.
				This rule sets the qualifications to obtain approval to provide these tastings.
(1) Definitions.
(a) "Identified tasting area" means a
			 specific defined area where tastings of alcohol occur. The area must be of a
			 size and design such that the person(s) serving the taste(s) can observe and
			 control persons in the area to ensure no minors or visibly intoxicated persons
			 possess or consume alcohol and that other liquor laws are followed.
(b) "Manufactured by the distillery licensee"
			 means the licensee distills, rectifies, blends, or otherwise produces the
			 distilled liquor product in Oregon on the distillery's licensed premises.
(c) "Other premises owned or
			 leased by the distillery licensee" means any other licensed location that is
			 owned or leased by the distillery licensee and separate from its annually
			 licensed location. To qualify under this definition, the distillery licensee
			 must provide proof of ownership or a written contract entitling it to exclusive
			 use and possession of the other location.
(d) "Per day" means from 7:00 am until 2:30
			 am on the succeeding calendar day.
(e) "Primary location" means the location
			 where distilled liquor is manufactured by the distillery licensee.
(f) "Trade visitor" means a person whose job
			 includes the purchase or recommended purchase of distilled spirits by a
			 licensee of the Commission or distributors and others in the commercial
			 distribution chain; or a person representing an agency of mass communication,
			 such as television, radio, newspaper, magazine, and internet.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0440 - Temporary Sales Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person must
			 obtain from the Commission a license or authority to sell alcoholic beverages.
			 ORS 471.405 establishes a
			 prohibition on sale of alcoholic beverages without a license or authority. ORS
			 471.406 defines sale of
			 alcoholic beverages. This rule sets the requirements for obtaining a Temporary
			 Sales License.
(2) Definitions. For
			 this rule:
(a) "Bar" means a counter at which
			 the preparation, pouring, serving, sale, or consumption of alcoholic beverages
			 is the primary activity.
(b) "Food
			 counter" means a counter in an area in which minors are allowed and at which
			 the primary activity at all times is the preparation, serving, sale, or
			 consumption of food.
(c) "License
			 day" means from 7:00 am until 2:30 am on the succeeding calendar day. The
			 license fee is $50 per license day or for any part of a license day.
(d) "Nonprofit trade association" means an
			 organization comprised of individual or business members where the organization
			 represents the interests of the members and is registered with the state of
			 Oregon as a nonprofit association.
(e) "Serious violation history" means:
(A) Two or more category III or IIIa
			 administrative violations of any type, or category IV violations involving
			 minors. However, if the circumstances of a violation include aggravation, one
			 violation may be sufficient; or
(B)
			 One category I, II or IIa administrative violation; or
(C) Two or more crimes or offenses involving
			 liquor laws.
(f) "Social
			 game" means a game other than a lottery, if authorized by a local county or
			 city ordinance pursuant to ORS
			 167.121, between players in a
			 private business, private club, or place of public accommodation where no house
			 player, house bank, or house odds exist and there is no house income from the
			 operation of the social game.
(g)
			 "Video lottery game" means a video lottery game terminal authorized by the
			 Oregon State Lottery. Examples include but are not limited to video poker and
			 video slots. Keno monitors are not considered a video lottery
			 game.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0445 - Temporary Letter of Authority to Operate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 may grant a temporary letter of authority to operate to any applicant for a
			 license issued under ORS, Chapter 471 for a period not to exceed 180 days. The
			 Commission may not extend the period of a temporary letter of authority to
			 operate beyond 180 days and may not grant more than one temporary letter of
			 authority to operate for the same application.
(2) To be eligible to obtain a temporary
			 letter of authority to operate, an applicant must meet the requirements
			 established by the Commission and pay the license fee.
(3) An applicant is eligible to exercise all
			 of the privileges of the license under a valid temporary letter of authority to
			 operate.
(4) The Commission may
			 refuse to issue a temporary letter of authority to operate and may revoke a
			 temporary letter of authority to operate if the Commission reasonably believes
			 that any of the grounds for refusing a license under ORS
			 471.313, or any rules adopted
			 thereunder, or canceling or suspending a license under ORS
			 471.315 exist. The refusal to
			 issue or the revocation of a temporary letter of authority to operate is not a
			 contested case under ORS chapter 183.
(5) A temporary letter of authority does not
			 constitute a license for the purposes of ORS chapter 183.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: 471.297 & 2021 OL Ch.
				  85
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0450 - Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.292(2)(b) and
			 (c) allow the Commission to issue a temporary
			 authority to operate a licensed business to a trustee, the receiver of an
			 insolvent or bankrupt licensed business, the personal representative of a
			 deceased licensee, or a person holding a security interest in the business. The
			 purpose of this authority is to provide for the operation of the licensed
			 business for a reasonable period of time to allow orderly disposition of the
			 business.
(a) The trustee, receiver or
			 personal representative must provide the Commission with the following
			 information:
(A) Proof that the person is the
			 legal trustee, receiver or personal representative for the business;
			 and
(B) A written request for
			 authority to operate as a trustee, receiver or personal representative, listing
			 the address and telephone number of the trustee, receiver or personal
			 representative.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0451 - Alcohol Delivery Training Program and Certification of Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At minimum, an alcohol delivery training
			 program shall include training on the following:
(a) Forms of identification required by ORS
			 471.130 and Commission rule and
			 methods for identifying, inspecting, accepting or rejecting
			 identification;
(b) Signs of
			 visible intoxication and methods for recognizing these signs and guidance and
			 direction on how to refuse to deliver alcoholic beverages to a final consumer;
			 and
(c) Rules adopted by the
			 Commission relating to the delivery of alcoholic beverages to a final consumer
			 that the Commission requires to be included in alcohol delivery training
			 programs.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0301 - "Applicant" and "Licensee" Defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A license
			 issued by the Commission shall include as licensees under a single license the
			 individuals or legal entities who own or have an interest in the business as
			 defined in OAR 845-005-0311(3).
			 If any such licensee is a corporation or other legal entity, the following
			 persons shall also be included as licensees under the license:
(a) Each principal officer as defined in OAR
			 845-006-0475(1)(d);
(b) Each director;
(c) Each person or entity who owns or
			 controls 10% or more of the entity's stock or who holds 10% or more of the
			 total membership interest in the entity or whose investment interest is 10% 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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0302 - "Family Member" Defined

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.040, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.396(3)
				  & ORS 471.396(4)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0309

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 471,
				  471.040 &
				  471.730
Statutes/Other Implemented: ORS
				  471.030 &
				  471.315
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0335 - Age Verification, Minors on Licensed Premises

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Age Verification:
(a) ORS
			 471.130 requires a licensee or
			 permittee to verify the age of a person who wants to buy or be served alcoholic
			 beverages when there is "any reasonable doubt" that the person is at least 21
			 years old. The Commission requires a licensee or permittee to verify the age of
			 anyone who wants to drink alcoholic beverages, or is in an area prohibited to
			 minors, if there is reasonable doubt that the person is at least 21 years old.
			 "Reasonable doubt" exists if the person appears to be under the age of
			 26;
(b) Whenever a licensee or
			 permittee verifies age, he/she must verify it as ORS
			 471.130 requires (statement of
			 age card or the specified items of identification) and must reject any
			 obviously altered document or one which obviously does not identify the person
			 offering it;
(c) Licensees must
			 require all their employees who sell, serve, oversee or control the sale or
			 service of alcoholic beverages to verify age as subsection (a) of this section
			 requires.
(d) Only the following
			 forms of unexpired, unaltered, and legitimate identification that have the
			 person's name, picture, and date of birth are acceptable alone as proof of age:
(A) A driver license issued by a U.S. state,
			 the District of Columbia, or a province or territory of Canada;
(B) An identification card that includes a
			 physical description of the person and is issued by a U.S. state, the District
			 of Columbia, or a territory of the U.S., or a province or territory of
			 Canada;
(C) An identification card
			 that has a picture of the person, the name of the person, the person's date of
			 birth, and a physical description of the person and is issued by a federally
			 recognized Indian tribe;
(D) A
			 passport or passport card
(E) A
			 U.S. military identification card; or
(F) An identification card that is proof of
			 the person's participation in the Secure Electronic Network for Travelers Rapid
			 Inspection (SENTRI) program operated by United States Customs and Border
			 Protection, the NEXUS program jointly operated by that agency and the Canada
			 Border Services Agency, or a successor to either of those programs that is
			 recognized by the Commission.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0341 - Notification of Conviction

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0345 - Prohibited Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission holds licensees accountable for the acts of
				their agents and employees. (OAR
				845-006-0362). No employee or
				agent of a licensee may violate any provision of this rule. A violation of any
				section of this rule by an employee or agent of a licensee is considered a
				violation by the licensee.
(1)
			 Definitions. For this rule:
(a) "On-duty"
			 means from the beginning of a work shift that involves the mixing, sale or
			 service of alcoholic beverages, checking identification or controlling conduct
			 on the premises, to the end of the shift including any breaks.
(b) "On-duty" also means, for those working
			 outside a scheduled work shift, having the authority to put himself or herself
			 on-duty and performing acts on behalf of the licensee which involve the mixing,
			 sale or service of alcoholic beverages, checking identification or controlling
			 conduct on the premises. Whether a person is paid or scheduled for work is not
			 determinative of whether the person is considered "on-duty" under this
			 subsection.
(c) "A work shift that
			 involves the sale and service of alcoholic beverages" includes supervising
			 those who mix, sell or serve, check identification or control the
			 premises.