Current through Register Vol. 63, No. 3, March 1, 2024
(1) For the
purposes of this rule:
(a) "Final consumer"
means an individual who is at least 21 years of age taking possession of
alcoholic beverages for personal or social use and not for resale.
(b) "Technology provider" means a person who
facilitates, or holds itself out as willing facilitate, sales of alcoholic
beverages from the Commission, licensees, retail sales agents, distillery
retail outlet agents, or permit holders to a final consumer by using technology
such as, but not limited to, a website, mobile application, or other electronic
service.
(2) A technology
provider acting on behalf of the Commission or a licensee, retail sales agent,
distillery retail outlet agents or permit holder may:
(a) Import, or cause to be imported, into
Oregon alcoholic beverages that are being delivered, on in transit to be
delivered, to a final consumer;
(b)
Store or hold alcoholic beverages that are being delivered, on in transit to be
delivered, to a final consumer;
(c)
Advertise alcoholic beverages available for sale to a final consumer from the
Commission, licensee, retail sales agent, distillery retail outlet agent, or
permit holder;
(d) Solicit,
receive, and accept orders for alcoholic beverages from final consumers;
and
(e) Receive payment for
alcoholic beverages ordered by final consumers.
(3) A technology provider may engage in an
activity described in section (2) of this rule only if the Commission,
licensee, retail sales agent, distillery retail outlet agent, or permit holder:
(a) Controls, with clear and conspicuous
messaging, the advertising of its alcoholic beverages offered for sale and
delivery through the technology provider, including but not limited to:
(A) The price of the available alcoholic
beverages; and
(B) Identifying the
name of the seller of the alcoholic beverages and messaging that:
(i) The offer and sale of the alcoholic
beverages is by the Commission, licensee, retail sales agent, distillery retail
outlet agent, or permit holder; and
(ii) The payment made by the final consumer
for an alcoholic beverage is paid to the Commission, licensee, retail sales
agent, distillery retail outlet agent, or permit holder.
(C) Following all advertising rules of the
Commission.
(b) Controls
the acceptance of orders for alcoholic beverages from final
consumers;
(c) Receives and retains
all payments for alcoholic beverages; and
(d) Provides to the final consumer or to the
technology provider for delivery to a final consumer only the types of
alcoholic beverages allowed by the license, retail sales agent, distillery
retail outlet agent, or permit.
(4) A technology provider may charge the
Commission, licensee, retail sales agent, distillery retail outlet agent, or
permit holder a fee for its services.
(5) A technology provider acting on behalf of
the Commission or a licensee, retail sales agent, distillery retail outlet
agents or permit holder and providing services pursuant to subsections (2) -
(4) of this rule is exempt from obtaining a license under ORS chapter
471.
(6) A technology provider may
deliver, or arrange for the delivery of, alcoholic beverages on behalf of the
Commission, licensee, retail sales agent, distillery retail outlet agent, or
permit holder to a final consumer only if it:
(a) Is approved as a for-hire carrier under
OAR 845-005-0424; or
(b) Uses a
for-hire carrier approved under OAR 845-005-0424.
(7) A licensee, retail sales agent,
distillery retail outlet agent, or permit holder using a technology provider
may be held responsible for the technology provider's failure to follow the
requirements of this rule.
(8)
Nothing in this rule allows:
(a) A financial
connection of the type prohibited by statute or rule between licensees, retail
sales agents, distillery retail outlet agents, or permit holders unless allowed
by exception;
(b) Any financial
assistance of the type prohibited by statute or rule between any licensees,
retail sales agents, distillery retail outlet agents, or permit holders unless
allowed by exception.
Statutory/Other Authority: ORS
471.030,
471.040,
471.730(1),
471.730(5)
Statutes/Other Implemented: ORS
471.405(3),
471.406
