Current through Register Vol. 63, No. 12, December 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.
(2) A for-hire carrier:
(a) Must allow the Commission to audit the
carrier's records which are directly related to alcohol shipments in Oregon
upon request and shall make those records available to the Commission in
Oregon. The for-hire carrier must make these records available to the
Commission no later than 14 days after the Commission sends the notice to the
carrier; and
(b) Consents to the
jurisdiction of the Commission and the courts of this state for the purpose of
enforcing the provisions of this rule and any related laws or rules.
(3) The Commission may suspend,
revoke, or refuse its approval of a for-hire carrier's plan if the for-hire
carrier fails to follow the plan approved by the Commission or comply with the
provisions of this rule. A suspension, revocation, or refusal under this
subsection is not subject to the requirements for contested case proceedings
under ORS Chapter 183.
Statutory/Other Authority: ORS
471.030,
471.040 &
471.730 (1) &
(5)
Statutes/Other Implemented: ORS
471.282 &
471.521
