reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0200 - Wholesale Licensees; Sales, Prices to Retailers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.398
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0206 - Private Labels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 manufacturer or wholesaler may produce or sell wine or malt beverages under a
			 private label under the following conditions:
(a) The retailer pays all costs associated
			 with the development, production and application of the private
			 label;
(b) Although both an Oregon
			 and an out-or-state manufacturer may produce a private label product, the
			 out-of-state manufacturer must sell the private label product to a retailer
			 only through an independently owned and controlled wholesaler. ORS
			 471.220 and
			 471.223 allow Oregon
			 manufacturers (breweries and wineries) to sell products directly to
			 retailers;
(c) The manufacturer or
			 wholesaler does not develop a new malt beverage or wine product for the private
			 label. The private label product must be the identical malt beverage or wine
			 product the manufacturer or wholesaler sells under another label. The
			 manufacturer or wholesaler must sell the private label product for at least the
			 wholesale-listed price of the product sold under this other label. The purpose
			 of this requirement is to prohibit manufacturers and wholesalers from offering
			 private labels at a discount;
(d)
			 The manufacturer or wholesaler receives Commission approval of the private
			 label before the manufacturer or wholesaler sells any of the private label
			 product;
(e) The manufacturer or
			 wholesaler receives Commission approval of the private label agreement before
			 the manufacturer or wholesaler sells any of the private label product. The
			 private label agreement may not include a guaranteed quantity, a guaranteed
			 price, credit sales, orders more than ten days in advance of delivery, product
			 storage by the manufacturer or wholesaler or any other terms that violate
			 financial assistance or tied-house statutes (ORS
			 471.394,
			 471.396,
			 471.398 and
			 471.400) or the rules adopted
			 under these statutes;
(f) The
			 identical product sold under another label must be reasonably available to all
			 the manufacturer or wholesaler's customers. The manufacturer or wholesaler may,
			 however, make the private label product available only to a retailer who pays
			 the costs associated with the private label; and
(g) The manufacturer keeps a record of all
			 private label sales for two years. The record must include:
(A) The name of the retailer or wholesaler
			 buying the product;
(B) For each
			 transaction, the quantity of product and the date of sale and
			 delivery;
(C) The price of the
			 product and the total cost of each transaction; and
(D) A list of the quantity of private label
			 products sold to each retailer during each calendar year.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0207 - Pasteurization of Malt Beverages

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0210 - Price Lists

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0280 - Standards of Identity and Prohibited Practices Concerning Wine

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 471, including 471.030, 471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.442,
				  471.445,
				  471.446
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0290 - Labeling Requirements for Wine

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0300 - Sacramental Wine

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.335(1)(b)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0310 - Seizure of Substandard Wine

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.735
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0905 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 471, including 471.030 & 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.442,
				  471.445,
				  471.446
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0910 - Wine Produced or Bottled in Oregon from Vitis Vinifera or its Hybrid Grades - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0915 - Grape Variety Names

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person may use a single grape variety name as a type designation on a wine
			 brand label only if the wine derives at least 90 percent of its volume from
			 that grape variety.
(2) As an
			 exception to section (1) of this rule, a person may use any of the following
			 type designations for a wine that derives at least 75 percent of its volume
			 from grapes of the named variety:
(a)
			 Cabernet franc;
(b) Cabernet
			 Sauvignon;
(c)
			 Carmenère;
(d) Durif (Petite
			 Sirah);
(e) Grenache
			 (Garnacha);
(f) Malbec;
(g) Marsanne;
(h) Merlot;
(i) Mourvèdre;
(j) Petit Verdot;
(k) Roussanne;
(l) Sangiovese;
(m) Sauvignon blanc (Fumé
			 blanc);
(n)
			 Sémillon;
(o)
			 Syrah;
(p) Tannat;
(q) Tempranillo;
(r) Zinfandel.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0920 - Appellation of Origin

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 appellation of origin must appear on every wine brand label in direct
			 conjunction with, and in lettering as conspicuous as, the wine's class or type
			 designation.
(2) If the appellation
			 of origin claimed or implied anywhere on a wine label is "Oregon", the name of
			 one or more of its counties, or the name of an American Viticultural Area
			 wholly within Oregon, then all grapes used in the production of the wine must
			 have been grown in Oregon, and 95 percent of the grapes used in the production
			 of the wine must have been grown within the defined boundaries of that
			 appellation of origin.
(3) If the
			 appellation of origin claimed or implied anywhere on a wine label is the name
			 of an American Viticultural Area located in both Oregon and an adjoining state,
			 then all grapes used in the production of the wine must have been grown in
			 Oregon and/or that adjoining state, and the percentage of grapes grown within
			 the federally defined boundaries of that American Viticultural Area must
			 satisfy the least restrictive of:
(a) The 95
			 percent minimum described in section (2) of this rule; or
(b) The minimum percentage of grapes required
			 by the adjoining state for the use of that American Viticultural Area as an
			 appellation of origin.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0923 - Wine Label Designation of Nested American Viticultural Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "Nested American Viticultural Area" or "Nested AVA"
			 means an American Viticultural Area or "AVA" that is partially or wholly
			 contained within a larger American Viticultural Area.
(2) Any wine labeled on or after January 1,
			 2023, that includes on the wine label the name of a Nested AVA that is wholly
			 or partially contained within an AVA listed in section (6) of this rule must
			 include the name of the larger AVA on the wine label.
(3) The letter size of the larger AVA name
			 must be at least:
(a) Two millimeters high if
			 the wine container is more than 187 milliliters in volume; or
(b) One millimeter high if the wine container
			 is 187 milliliters or less in volume.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0930 - Semi-Generic Designation of Geographic Significance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may use a semi-generic
			 designation of geographic significance or a name that implies a semi-generic
			 designation as a class or type designation on a wine label.
(2) As an exception to section (1) of this
			 rule, a person may use the type designation "Claret" on a wine brand label only
			 if:
(a) The wine derives 100% of its volume
			 from a blend of two or more of the following grape varieties: Cabernet franc,
			 Cabernet Sauvignon, Carmenère, Malbec, Merlot, or Petit Verdot;
			 and
(b) A federal certificate of
			 label approval (COLA) for a "Claret" wine was issued for the same brand name on
			 or after December 1, 2004 and prior to March 10, 2006.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0001 - Financial Assistance; Purpose, Limitation, Definitions and Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. ORS
			 471.398 and
			 471.400 generally prohibit
			 manufacturers and wholesalers from giving services or things to retailers. The
			 statute makes some exceptions to the general prohibition. OAR
			 845-013-0001 through
			 845-013-0090 define and explain
			 the exceptions. The Commission's basis for its interpretations of point of sale
			 material, items of nominal value and services of nominal value is that
			 manufacturers and wholesalers may promote their products but may not promote a
			 retailer's business or underwrite a retailer's business expenses.
(2) Definitions. As used in ORS
			 471.398,
			 471.400, and OAR
			 845-013-0001 through
			 845-013-0090:
(a) "Customize" means designing or modifying
			 point of sale material or items of nominal value to promote a specific retail
			 business;
(b) "Exterior" means on
			 the outside of the business or clearly visible from the outside;
(c) "Manufacturer" includes brewery,
			 distillery, winery, brew-pub and grower sales privilege licensees;
(d) "Retailer," "retail license," and "any
			 licensee authorized to sell alcoholic liquor at retail" includes any officer,
			 director, agent, employee or substantial stockholder of the licensed business;
(e) "Substantial stockholder" as
			 used in subsection (2)(d) of this rule means a person who owns ten percent or
			 more of any class of stock.
(f)
			 "Supplier" includes manufacturers, wholesalers and their respective agents.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0010 - Substantial Gratuities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.398(1)
			 prohibits a manufacturer or wholesaler from providing a substantial gratuity to
			 a retailer. This rule lists the only gratuities a manufacturer or wholesaler
			 may give to a retailer and not violate ORS
			 471.398(1).
(2) Food and Beverages. A manufacturer or
			 wholesaler may give a retailer food and beverages for immediate consumption:
(a) At a meeting at which the primary purpose
			 is the discussion of business;
(b)
			 At a convention when the food and beverages are offered to all
			 participants;
(c) At a sports or
			 entertainment event that the manufacturer or wholesaler attends with the
			 retailer. See section (4) of this rule.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0020 - Money, Credit, Discounts; ORS 471.398(2) and 471.400(3)(a)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Money,
			 Credit": ORS 471.398(2)
			 prohibits a manufacturer or wholesaler from providing money or credit to a
			 retailer.
(2) For the purposes of
			 this rule, "retailer" means a:
(a) Full
			 on-premises sales license issued pursuant to ORS
			 471.175, including events held
			 by the licensee pursuant to OAR
			 845-005-0405 and
			 845-005-0410
(b) Limited on-premises sales license issued
			 pursuant to ORS 471.178, including events held
			 by the licensee pursuant to OAR
			 845-005-0405 and
			 845-005-0410;
(c) Off-premises sales license issued
			 pursuant to ORS 471.186; and
(d) Temporary sales license issued pursuant
			 to ORS 471.190.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0030 - Fixtures, Furniture, Furnishings, ORS 471.398(3)

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 471.398(3)
				prohibits a supplier (manufacturer, wholesaler, or its agents) from providing
				any fixtures, furniture or furnishings to a retailer. A supplier does not
				violate this prohibition if he/she provides a display bin or rack for
				manufacturer-sealed containers of alcoholic beverages for consumption off the
				licensed premises, if the following conditions are met:
(1) The supplier provides no more than one
			 bin or rack per brand name family per retailer at any given time;
(2) The cost of the display bin or rack may
			 not exceed $300.00 (cost is the cost to the supplier who initially purchased or
			 produced the bin or rack);
(3) The
			 supplier has permanently marked the bin or rack with a brand name or trade name
			 of the supplier's alcoholic beverage product; and
(4) The retailer uses the bin or rack to
			 display only products from the brand name family or trade name permanently
			 marked on the bin or rack;
(5) For
			 purposes of this rule, "trade name" means the operating trade name and
			 associated business names filed by a manufacturer or wholesaler as part of the
			 Alcohol and Tobacco Tax and Trade Bureau (TTB) basic permit, i.e.
			 Anheuser-Busch InBev; "brand name family" means all of the alcoholic beverage
			 products included in a particular product line which are marketed and labeled
			 with a particular brand name, i.e. Budweiser.
Stat. Auth.: ORS 471,
				  471.030,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.398(3)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0040 - Advertising, ORS 471.398(4)

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 471.398(4)
				allows a manufacturer or wholesaler to provide advertising to a retailer.
(1) Except as authorized in this
			 rule, the only advertising a supplier may provide under ORS
			 471.398(4) is
			 generic, off-premises references to the supplier's alcoholic beverage products
			 that mention no specific retailer. Some examples include radio and television
			 commercials and billboards.
(2) A
			 supplier may make available to its customers, either on the supplier's website
			 or on lists available at the supplier's premises, the names and addresses of
			 the retail licensees that sell products made or distributed by the supplier.
			 Any such list must include all retailers who carry the products without
			 discrimination, for example, an alphabetical or geographical list. The lists
			 may not include prices or any other information that would appear to promote
			 any particular retailer over other retailers.
(3) A supplier may provide or pay for
			 advertising pursuant to OAR 845-013-0080.
(4) A supplier may provide or pay for
			 advertising pursuant to OAR
			 845-005-0428,
			 845-006-0446 and
			 845-006-0450. Some examples
			 include radio, television, billboards, and its own website. Only the following
			 advertising is allowed:
(a) The advertising
			 may list no more than the retailer's name and address, the date of the event,
			 and the name of the supplier's product.
(b) No monetary payments may be made by a
			 supplier to a retail licensee except for payments to purchase advertising
			 allowed under ORS 471.401(1)(d).
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0050 - Point of Sale Advertising Materials and Consumer Take-Aways, ORS 471.398(4)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 supplier (manufacturer, wholesaler, or its agents), may provide point of sale
			 materials and consumer take-aways to a retailer provided that the conditions
			 prescribed in section (3) of this rule are met. Suppliers may provide point of
			 sale material only for display at the retailer's premises. No minimum purchase
			 may be required of a retailer in order to have an item at their
			 premises.
(2) Definitions. For this
			 rule:
(a) Point of sale advertising materials
			 are items designed to be used at a retail establishment to attract consumer
			 attention to a supplier's products. Such materials include window decorations,
			 posters, placards, trays, coasters, mats, menu cards, meal checks, paper
			 napkins, foam scrapers, back bar mats, calendars, alcohol beverage lists or
			 menus, display mirrors, table tents, chalk boards, thermometers, and similar
			 items of like value. Also allowed are signs (neon, electrical, mechanical,
			 inflatable or otherwise). Point of sale items do not include fixtures,
			 furniture or furnishings as prohibited by ORS
			 471.398(3) and
			 OAR 845-013-0030.
(b) Consumer take-aways are items intended
			 for use by the retailer's customers off the premises that provide information
			 to the retailer's customers but do not promote the retailer's business. Only
			 items made of paper or other similar inexpensive material are allowed to be
			 given to the retailer and such informational items include recipes, sports and
			 entertainment event schedules, and informational pamphlets.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0060 - Items of Nominal Value, ORS 471.398(4)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to advertising and point of
			 sale material, ORS 471.398(4)
			 allows a supplier (manufacturer or wholesaler), or its agents, to provide items
			 of nominal value to a retailer. This rule describes the items of nominal value
			 a supplier, or its agents, may give to a retailer.
(2) A supplier, or its agents, may give basic
			 items that support the supplier's products at the retailer's premises such as:
(a) Tavern Heads:
(A) One tavern head per calendar year per
			 retail licensee;
(B) A trade-in of
			 a tavern head at the fair market value as partial payment for a new one when
			 the retailer replaces an existing draft system.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0070 - Services of Nominal Value; ORS 471.398(5)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.398(5)
			 prohibits a manufacturer or wholesaler from giving a retailer any services
			 except those described in 471.398(5) and the two categories of services of
			 nominal value described in this rule.
(2) A manufacturer or wholesaler may give
			 basic services that support products on draft such as:
(a) Inspecting draft equipment, coolers and
			 cooling equipment for sanitation and quality control;
(b) Performing emergency repairs on draft
			 equipment;
(c) Instructing retail
			 licensees in the proper use, maintenance and care of draft and cooling
			 equipment;
(d) Tapping kegs during
			 regular delivery calls.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0075 - Schematics; ORS 471.398(5)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.398(5)
			 prohibits a manufacturer or wholesaler from giving a retailer any services
			 except services of nominal value.
(2) OAR
			 845-013-0070 limits services of
			 nominal value to those which fall into one of two categories.
(3) The category described in OAR
			 845-013-0070(3)
			 allows a manufacturer or wholesaler to give basic marketing support services
			 for the manufacturer or wholesaler's alcoholic beverage products. When a
			 manufacturer or wholesaler uses schematics to promote their products to a
			 retailer, the Commission considers that to be a basic marketing support
			 service.
(4) When a manufacturer or
			 wholesaler uses schematics to promote their products to a retailer, the
			 retailer remains responsible for deciding what products are actually
			 sold.
(5) The Commission holds
			 licensees accountable for the acts of their agents and employees. (See OAR
			 845-006-0362). Accordingly, any
			 licensee who provides schematics through another person or business is
			 responsible for the actions of the party. If a person or business that provides
			 schematics on behalf of a licensee violates any liquor law or rule, the
			 Commission takes the appropriate compliance action against the
			 licensee.
Stat. Auth.: ORS 471, including 471.030, 471.040 &
				  471.730(1) & (5)
Stats implemented: ORS
				  471.398 &
				  471.400
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0090 - Wholesale-Retail Relations: Non-Profit Temporary Sales Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.400(1)
			 permits the Commission to allow manufacturers and wholesalers to provide
			 products and services to non-profit Temporary Sales licensees without violating
			 financial assistance laws. These products and services are allowed in addition
			 to the gratuities, point of sale material, items of nominal value and services
			 of nominal value that OAR
			 845-013-0001 through
			 845-013-0070 allow.
(2) Federal Law May Differ. Although Oregon
			 law allows manufacturers and wholesalers to provide the products and services
			 described in this rule, federal laws regarding wine may not. When dealing with
			 wine, a federal law that is more strict than an Oregon law takes precedence
			 over the Oregon law. Therefore, manufacturers and wholesalers should check with
			 the Federal Alcohol and Tobacco Tax and Trade Bureau before applying this rule
			 to their wine business.
(3)
			 Products and Services. A manufacturer or wholesaler may provide the following
			 to a non-profit Temporary Sales licensee:
(a)
			 Any product the manufacturer or wholesaler normally sells. The manufacturer or
			 wholesaler may give the product free, sell the product at a discount or sell
			 the product at the regular price. The manufacturer or wholesaler may pick up
			 excess malt beverage product at the end of a special event held by a non-profit
			 Temporary Sales licensee, and if the product was sold to the Temporary Sales
			 licensee, may give a credit or cash refund for the returned product;
(b) Any services to support the alcoholic
			 beverage product. This includes providing employees to sell or serve alcoholic
			 beverages at the Temporary Sales license event as long as the employee has
			 successfully completed an approved alcohol server education course within the
			 last five years or has a valid service permit; and
(c) Banners for interior or exterior display
			 at the licensed premises that advertise a special event and prominently display
			 the manufacturer's or wholesaler's alcoholic beverage brand name. These banners
			 may be displayed before and during the Temporary Sales license event and may
			 exceed 630 square inches.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0100 - Wholesale-Retail Relations; Sale at Both Wholesale and Retail

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in ORS
			 471.396,
			 471.394(1)
			 prohibits licensees from selling or engaging in the business of selling
			 alcoholic beverages both at wholesale and retail. A licensee, and its employees
			 and agents, may engage in the business of selling alcoholic beverages both at
			 wholesale and retail to the extent that retail sales are authorized by the
			 statutes establishing the privileges of each license. For purposes of this
			 statute, the direct consumer sales that 471.235 allows a wholesale malt
			 beverage and wine licensee to make are wholesale sales.
(2) As used in ORS
			 471.394(1):
(a) "Licensee" includes retailers,
			 wholesalers, and manufacturers of any alcoholic beverages and their managers,
			 officers and directors;
(b)
			 "Licensee" also includes retailers', wholesalers', and manufacturers' agents
			 and employees who sell or engage in the business of selling alcoholic
			 beverages.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 13 - FINANCIAL ASSISTANCE › Section 845-013-0110 - Wholesale-Retail Relations; Prohibited Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No manufacturer or wholesaler may buy
			 food, beverages or anything of value on a retailer licensee's premises for
			 customers who are not his/her personal acquaintances.
(2) No manufacturer or wholesaler may provide
			 or offer assistance through a group of trade association of breweries,
			 wineries, distilleries or wholesalers to a person to obtain a retail
			 license.
Stat. Auth.: ORS 471 & ORS 472, including 471.030,
				  471.730(1), 471.730(5), 472.030, 472.060(1) & ORS
				  472.060(2)(d)
Stats. Implemented: ORS 471, including
				  471.398
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0101 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 845, division 015:
(1) "Commission" includes the 7 member body
			 of Commissioners appointed by the Governor, the administrator (executive
			 director) and agency staff. Any of the actions or decisions specified in this
			 division may be delegated to the administrator (executive director) as provided
			 in ORS 471.040(2).
(2) "Disabled Retail Sales Agent" is one who
			 has a physical or mental impairment that has continued more than one year or is
			 permanent that prevents a retail sales agent from properly performing
			 contractual duties. The Commission determines retail sales agent disability
			 after reviewing medical reports from the retail sales agent's physician. The
			 Commission may require additional medical information from a
			 Commission-selected physician.
(3)
			 "Full On-Premises Sales Licensee" means any person or entity holding a Full
			 On-Premises Sales license.
(4)
			 "Retail Liquor Store" is a premises or a specific area in a premises the
			 Commission approves for the sale of packaged distilled spirits for off-premises
			 consumption, other than an Oregon licensed distillery or portion of such a
			 distillery which has been approved for the sale of packaged distilled spirits
			 manufactured by the distillery.
(5)
			 "Retail Sales Agent" or "Agent" is an individual person or legal entity
			 appointed by the Commission who enters into a retail sales agent agreement to
			 sell packaged distilled spirits on behalf of the Commission in a retail liquor
			 store. When a retail sales agent is a legal entity, the following persons shall
			 also be considered a retail sales agent:
(a)
			 Each individual person who owns 10% or more of the entity; such as stock,
			 membership, or other investment; and
(b) Each individual person who has been
			 designated by the entity to exercise control over, or be entitled to exercise
			 control over, the entity; such as directors, officers, managing members, and
			 general partners.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0105

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471,
				  471.030,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.750(1)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0110 - Establishment of a Retail Liquor Store

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Commission decides to establish
			 a new retail liquor store, the Commission:
(a) Determines the criteria for location and
			 premises;
(b) Determines a
			 geographic location in which to locate a retail liquor store or a precise
			 location;
(c) Sets a target date
			 for a retail liquor store to begin operation; and
(d) Follows the procedure described in OAR
			 845-015-0120 and
			 845-015-0125 for selecting and
			 appointing a retail sales agent.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0115 - Retail Sales Agent Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A retail sales agent who is an individual
			 person must be at least 21 years old. Retail sales agents must devote enough
			 time to a retail liquor store to ensure its efficient operation and reasonable
			 service to the public.
(2) A retail
			 sales agent may not have a financial interest or business connection that ORS
			 471.710(3) or
			 OAR 845-015-0118
			 prohibits.
(3) A retail sales agent
			 may be an Off-Premises Sales licensee.
(4) A retail sales agent may be a Limited
			 On-Premises Sales licensee provided that the premises with the license is in a
			 different physical location and address from the retail liquor store.
(5) A retail sales agent may not be a Full
			 On-Premises Licensee.
Statutory/Other Authority: ORS
				  471.030 &
				  471.730
Statutes/Other Implemented: ORS
				  471.750, 2021 OL Ch. 180, 2021
				  OL Ch. 620 & 2021 OL Ch. 186
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0118 - Retail Sales Agent Prohibited Interests, ORS 471.710(3)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions: As
			 used in ORS 471.710(3) and
			 this rule:
(a) "Liquor Store Agent" has the
			 same meaning as a retail sales agent, as defined in OAR
			 845-015-0101(5);
(b) "Financial Interest" means knowingly
			 having an ownership interest, as a sole proprietor, partner, limited partner or
			 stockholder or any direct or indirect ownership interest through a device such
			 as a holding company, in a business licensed with a Distillery or Full
			 On-Premises Sales license or any distillery whose products are sold in
			 Oregon;
(c) "Business Connections"
			 include, but are not limited to:
(A)
			 Knowingly providing anything of value to a person or business licensed with a
			 Distillery or Full On-Premises Sales license or to any distillery whose
			 products are sold in Oregon, in return for something of value. This rule does
			 not, however, prohibit persons and licensees from providing commodities and
			 services to each other that they routinely provide to the general public under
			 the same terms;
(B) Partnerships
			 with a person or business licensed with a Distillery or Full On-Premises Sales
			 license, or to any distillery whose products are sold in Oregon, and similar
			 ventures formed for the purpose of making profit,
(d) "Knowingly" means a person actually knew
			 or reasonably should have known;
(e) "Household" means all persons living as a
			 family unit in the same dwelling;
(f) "Immediate Family" means spouse or
			 Domestic Partner, and minor dependent children.
(g) "Domestic Partner" means an individual
			 who, along with another individual of the same sex, has received a Certificate
			 of Registered Domestic Partnership pursuant to the Oregon Family Fairness
			 Act.
(h) "Company Principal" means
			 a person who holds any of the following interests in a legal entity that is a
			 retail sales agent or an applicant for appointment as a retail sales agent:
(A) An officer;
(B) A director;
(C) A person who owns or controls 10% or more
			 stock in the entity or holds 10% or more of the total membership interests in
			 the entity or whose investment interest is 10% or more of the total investment
			 interests in the entity;
(D) A
			 manager of a limited liability corporation or limited liability partnership or
			 the general partner of a limited partnership.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0120 - Retail Sales Agent Selection Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Commission fills a retail sales
			 agent vacancy other than as OAR
			 845-015-0125(2)
			 describes, the Commission seeks applications from the public.
(2) When seeking applications from the
			 public, the Commission advertises to fill a vacancy. The Commission may publish
			 its intent to fill a vacancy via a variety of methods, i.e. internet postings,
			 other online media, or newspapers.
(3) After an application deadline, all
			 applications will be screened according to selection criteria in OAR
			 845-015-0125 and qualified
			 applicants will be selected for interview. After reviewing applications and
			 screening results, an interview committee conducts personal interviews. The
			 interview committee scores the applicants and recommends finalists who are most
			 qualified based on the selection criteria in
			 845-015-0125. From the
			 finalists, the Commission appoints a retail sales agent using the criteria in
			 845-015-0125. A public
			 presentation at a Commission meeting may be required. Advance notice of the
			 public meeting date will be given to all finalists.
(4) An appointed retail sales agent must
			 submit a retail liquor store improvement plan for approval, enter into a Retail
			 Sales Agent Agreement, purchase fixtures and equipment at an established price
			 or provide fixtures and equipment where none are available for purchase, and
			 begin operation of a retail liquor store on the date the Commission specifies.
			 If an appointed retail sales agent cannot purchase, rent or lease, and equip an
			 approved location and begin operation by the required date, the Commission(ers)
			 may select another applicant from the list of finalists.
Stat. Auth.: ORS 471,
				  471.030,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.750(1)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0125 - Retail Sales Agent Selection Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Commission selects a retail
			 sales agent using the procedure in OAR
			 845-015-0120, the Commission
			 evaluates the knowledge, skills and abilities of all applicants in the
			 following areas:
(a) Retail business
			 experience including, but not limited to, responsibility for inventory control,
			 cash accountability, supervision of personnel and customer service;
(b) Knowledge of retail operations or
			 business management, including study or training in those or related
			 fields;
(c) Customer service skills
			 and ability to communicate and work effectively with the public;
(d) Whether the applicant's health permits
			 full-time supervision of a retail liquor store;
(e) The applicant's record of felony
			 conviction, conviction of crime relating to money management fraud, or a
			 history of conviction of crimes relating to the abuse of alcohol or controlled
			 substances;
(f) The applicant's
			 financial ability to purchase or lease and equip the retail liquor store at a
			 Commission approved location. The applicant's ability to provide the necessary
			 funds to meet the operating expenses of the retail liquor store and be bonded
			 under the Commission's blanket position fidelity bond.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0130 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471,
				  471.030,
				  471.730(1) &
				  (5) &
				  471.750
Stats. Implemented: ORS
				  471.750(1) &
				  (2)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0135 - Public Opinion on Retail Liquor Store Location

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission considers public opinion
			 when it evaluates establishing or relocating a retail liquor store. The
			 Commission seeks public opinion by:
(a)
			 Posting a public notice at the proposed location and at the existing location,
			 if any; and
(b) Providing a written
			 notice to any residence, business, pre-elementary, elementary or secondary
			 school, house of worship or alcoholic treatment facility within a minimum of a
			 500 foot radius of the proposed location and to the local governing body when
			 the Commission is considering relocating a store to another governing body's
			 jurisdiction, or when it establishes a new retail liquor store in the
			 jurisdiction.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0138 - Retail Price for Distilled Spirits

Current through Register Vol. 63, No. 7, July 1, 2024
Before the Commission implements a surcharge or change in the
				mark-up formula for distilled spirits that would result in an increase in the
				retail price of distilled spirits sold to the public, the Commission
				shall:
(1) Provide at least 45 days
			 public notice before such a price increase takes effect;
(2) Provide the opportunity for submission of
			 written comments regarding the proposed price increase;
(3) Conduct a public meeting for the purpose
			 of receiving verbal comment regarding the proposed price increase;
			 and
(4) Consider any written or
			 verbal comments before implementing such a price increase.
Stat. Auth.: ORS 471,
				  471.030,
				  471.040 &
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.745
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0140 - Hours and Days of Operation

Current through Register Vol. 63, No. 7, July 1, 2024
To ensure adequate service to the public, the Commission
				requires retail liquor stores to maintain convenient hours of operation:
(1) Except for Sundays and holidays, all
			 retail liquor stores must be open between the hours of 12 noon and 6 p.m.
			 Retail liquor stores may not open earlier than 7 a.m. or close later than10
			 p.m.
(2) Except for Sundays and
			 holidays, retail liquor stores will be open a minimum of eight hours each
			 day.
(3) On Sundays or holidays,
			 retail liquor stores may be open for any number of hours, but may not be open
			 before 7 a.m. or after 10 p.m. Sunday and holiday openings are optional for
			 Retail Sales Agents.
Stat. Auth.: ORS 471, including 471.030, 471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.750(1)