Current through Register Vol. 63, No. 9, September 1, 2024
(1) Definitions.
For this rule:
(a) "Manufacturer-sealed
container of malt beverages" means a container holding malt beverages that:
(A) Was sealed by the manufacturer upon
removal from federal bond; and
(B)
Has a label that complies with Commission regulations, including federal
labeling regulations, prior to being sold in Oregon.
(b) "Securely covered container of malt
beverages" means:
(A) An empty container with
a capacity of no more than two gallons filled by a Full On-Premises Sales,
Limited On-Premises Sales, Off-Premises Sales, Brewery-Public House, Brewery,
Winery, Grower Sales Privilege, or Temporary Sales licensee with malt
beverages, that was removed from federal bond prior to filling the container,
and then securely covered so that liquid doesn't leak from it; and
(B) The empty container was supplied by a
final consumer to the licensee, or sold by the licensee to the final consumer,
prior to or at the time of filling with wine or cider.
(2) An eligible business may sell
for delivery directly to a final consumer:
(a)
Manufacturer-sealed containers of malt beverages only if the person is a Full
On-Premises Sales, Limited On-Premises Sales, Off-Premises Sales,
Brewery-Public House, Brewery, Winery, Grower Sales Privilege, Temporary Sales
licensee or a Direct Shipper permittee
(b) Securely covered containers of malt
beverages only if the person is a Full On-Premises Sales, Limited On-Premises
Sales, Off-Premises Sales, Brewery-Public House, Brewery, Winery, Grower Sales
Privilege, or Temporary Sales licensee.
(3) An eligible business may deliver or cause
the delivery of malt beverages directly to a final consumer only as allowed by
this rule.
(4) To deliver, or cause
the delivery of, malt beverages directly to a final consumer, an eligible
business, in addition to complying with all other requirements of this rule,
must use:
(a) A third-party delivery
facilitator permittee; or
(b) An
individual who is an employee or agent under the direct control of the eligible
business.
(5) When an
eligible business uses a third-party delivery facilitator permittee to deliver
malt beverages on behalf of the eligible business:
(a) The eligible business must collect
information that must be retained by the eligible business for a minimum of two
years from the date of transferring the malt beverages to the physical
possession of the third-party delivery facilitator permittee or any delivery
person used by the third-party delivery facilitator permittee. The information
retained must include:
(A) The name of the
third-party delivery facilitator permittee;
(B) The date and time the malt beverages were
transferred to the third-party delivery facilitator permittee; and
(C) The name and delivery address of the
final consumer receiving the malt beverages.
(b) After transferring the malt beverages to
the physical possession of the third-party delivery facilitator permittee, or
any delivery person used by the third-party delivery facilitator permittee, the
eligible business is not responsible for any failure of the third-party
delivery facilitator permittee, or any delivery person used by the third-party
delivery facilitator permittee, to follow regulations or rules specific to
third-party delivery facilitator permittees.
(6) When an eligible business uses an
individual who is an employee or agent under its direct control to deliver malt
beverages directly to a final consumer, in addition to complying with all other
requirements of this rule, the eligible business must:
(a) Use an individual who is at least 18
years of age and has a valid driver license or other state-issued
identification;
(b) Use an
individual who has a valid Commission-issued service permit or has completed a
training program within the last five years that includes training on at least:
(A) Forms of identification required by ORS
471.130 and Commission rules and
methods for identifying, inspecting, accepting or rejecting
identification;
(B) Signs of
visible intoxication and methods for recognizing these signs and for refusing
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.
(c) Collect information that must
be retained by the eligible business for a minimum of two years from the date
of delivery of the malt beverages to the final consumer. The information
retained must include:
(A) The date and time
the malt beverages were delivered to the final consumer;
(B) The amount of malt beverages contained in
each delivery to the final consumer;
(C) The name, or information that can be used
to determine the name, of the individual delivering the malt beverages to the
final consumer; and
(D) The name
and delivery address of the final consumer receiving the malt
beverages.
(7) An eligible business, in addition to
complying with all other requirements of this rule, may deliver, or cause the
delivery of, malt beverages direct to final consumer only:
(a) If the malt beverages are transferred to
the physical possession of a final consumer at a delivery address
(b) In a container that complies with these
rules and does not exceed two gallons;
(c) To a final consumer who is at least 21
years of age, and only if the malt beverages are for personal use and not for
the purpose of resale;
(d) To a
final consumer who is not visibly intoxicated at the time the final consumer
takes physical possession of the malt beverages;
(e) When the malt beverages is in a container
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;
(f) Pursuant to an
order and payment for malt beverages that are received by the eligible business
prior to removal from the eligible business for delivery to the final
consumer;
(g) To a delivery address
or to a location that is within 100 feet of the boundary of the eligible
business;
(h) When the time of
transferring the malt beverages to the physical possession of a final consumer
at a delivery address is between the hours of 7:00 am and 10:00 pm. Despite
this requirement, an off-premises sales licensee may transfer the malt
beverages to the physical possession of a final consumer at a delivery address
between the hours of 6:00 am and 10:00 pm.
(i) When the eligible business holds a
license or permit issued under ORS
471.200,
471.221,
471.223,
471.227, or
471.282, it must not deliver or
cause the delivery of more than two cases of malt beverages containing not more
than nine liters per case per day to a final consumer and may not deliver more
than a total of two cases of malt beverage containing not more than nine liters
per case per month to the same final consumer.
(j) When the eligible business holds a
license issued under ORS
471.175,
471.178,
471.186, or
471.190, it must not deliver
more than a total of two cases of malt beverages containing not more than nine
liters per case per day to a final consumer.
(8) An eligible business who holds a direct
shipper permit issued under ORS
471.282 must:
(a) Allow the Commission to audit the permit
holder's records of wine and cider delivered to Oregon residents upon request
and shall make those records available to the Commission in Oregon no later
than 14 days after the Commission mails the notice;
(b) Report to the Commission all deliveries
of wine or cider made to a final consumer under the permit as required by ORS
Chapter 473. The report must be made in a form prescribed by the Commission;
and
(c) Timely pay to the
Commission all taxes imposed under ORS Chapter 473 on wine and cider sold and
delivered directly to a final consumer under the permit.
(d) For the purpose of the privilege tax
imposed under ORS Chapter 473, all wine or cider sold and delivered pursuant to
a direct shipper permit is sold in this state. The permit holder, not the
purchaser, is responsible for paying the tax to the Commission.
(9) An eligible business who holds
a direct shipper permit issued under ORS
471.282 and who is located in a
state outside of Oregon, 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.
(10)
A violation of section (8) of this rule is a Category IV violation. A violation
of any other section of this rule is a Category III violation.
Statutory/Other Authority: ORS
471.030,
471.040,
471.730 (1) &
(5) & E.O. 20-07
Statutes/Other Implemented: ORS
471.305,
471.534 & 2021 OL Ch.
180
