Current through Register Vol. 63, No. 12, December 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.
(2)
Application for a Direct Shipper Permit.
(a)
A person who applies for 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 also applies for a Direct Shipper
Permit.
(b) A person described
under subsections (1)(b)-(d) of this rule must make application to the
Commission and receive a Direct Shipper Permit from the Commission before
shipping any malt beverages, wine, or cider directly to a resident of Oregon.
Applicants must submit a complete, legible, timely, and accurate application to
the Commission that contains all materials, forms, documents, information, and
fees required by the Commission. The Commission will not accept an incomplete,
illegible, untimely, or inaccurate application or an application that doesn't
contain all required materials, forms, documents, information, or fees. The
Commission shall give applicants the opportunity to request a review if the
Commission does not accept an application it determines is incomplete. A review
under this subsection is not subject to the requirements for contested case
proceedings of ORS chapter 183.
(3) After accepting an application, the
Commission may:
(a) Require additional
materials, forms, documents, information, or fees from the applicant or other
persons when the Commission determines that the materials, forms, documents,
information, or fees are required by law or rule or may help the Commission
determine the merits of an application or to otherwise perform its statutory
duties;
(b) Inactivate an
application when the Commission determines that the applicant failed to provide
to the Commission all required materials, forms, documents, information, and
fees in a manner that are complete, accurate, legible, and timely. The
Commission shall give applicants the opportunity to request a review if the
Commission inactivates an application. A review under this subsection is not
subject to the requirements for contested case proceedings of ORS chapter
183.
(4) The Commission
may revoke or refuse to issue or renew a Direct Shipper Permit if the permit
holder or applicant fails to qualify for the permit under this rule or a
refusal basis applies under ORS Chapter 471 or any other rule of the Commission
and intervening circumstances do not overcome the refusal basis.
(5) A Direct Shipper Permit must be renewed
annually.
(a) If the person holds the permit
based on a license issued by another state, the permit may be renewed by
applying in writing using the forms provided by the Commission and submitting
the required fee. The Commission may require additional forms, documents, or
information as part of the application.
(b) If the person holds the permit based on
an annual license issued by this state, the permit may be renewed at the same
time that the license is renewed.
(6) Delivery. Permit-holders may deliver malt
beverages, wine, and cider to a resident of Oregon only as allowed by OAR
845-006-0392 and
845-006-0396.
Statutory/Other Authority: ORS
471.030,
471.040,
471.186 &
471.730 (1) &
(5)
Statutes/Other Implemented: ORS
471.155,
471.186,
471.282,
471.305 & 2021 OL Ch.
180