Current through Register Vol. 63, No. 3, March 1, 2024
The Commission allows certain other Oregon licensees to conduct
or participate in malt beverage, cider, or wine sample tasting on Full
On-Premises Sales, Limited On-Premises Sales, and Off-Premises Sales licensed
premises as specified in OAR 845-005-0427, subject to the requirements and
limits identified in this rule.
(1)
Sample Sizes. The size of each sample must not exceed one and a half ounces for
wine or cider and three ounces for malt beverages.
(2) Identified Tasting Area.
(a) Any Off-Premises Sales retailer who
conducts tastings or who allows manufacturers to conduct tastings on the retail
premises must identify a specific tasting area or areas.
(b) The area/s must be of a size and design
such that the person(s) conducting the tasting can observe and control persons
in the area to ensure no minors or visibly intoxicated persons possess or
consume alcohol.
(c) Customers
must remain in the tasting area or areas until they have finished consuming the
sample.
(d) The retailer must keep
on file at the premises a floor plan identifying the tasting area(s).
(e) If a retailer does not have an
identified tasting area or areas, the Commission may require prior approval of
an area or areas before the retailer conducts any more tastings or allows any
more manufacturer-conducted tastings on the premises.
(3) Number of In-Store Tastings.
(a) A manufacturer may be in each retail
premises no more than 12 days per calendar year for the purpose of tastings.
(b) There is no limit on the
number of tastings a retailer may conduct, but the retailer must not allow a
manufacturer on the retailer's premises more than 12 days per calendar year for
the purpose of tastings.
(4) Server Requirements. Alcohol servers must
have a valid Oregon service permit.
(5) Record Keeping. The manufacturer or
wholesaler must keep a record of each tasting they conduct, including the date
and location of each event, the products served and the names of the servers.
(6) Manufacturer-Conducted Sample
Tastings: Oregon law allows Oregon Winery, Grower Sales Privilege, Brewery,
Brewery-Public House and Warehouse licensees and Oregon Certificate of Approval
holders, for the product for which they hold the certificate, to conduct
tastings:
(a) These license holders must
provide the product to be tasted, and remove any remaining product at the end
of the tasting;
(b) These license
holders must provide or pay for a person to serve the wine, cider, or malt
beverages. The server must be the manufacturer's employee or agent. The
manufacturer may not compensate any employee or agent of the retail licensee to
participate in the tasting;
(c)
The retailer may advertise these events. These license holders may advertise
these events as allowed in OAR 845-013-0040;
(d) An Oregon Wholesale Malt Beverage and
Wine licensee may conduct tastings under this section only if representing a
Certificate of Approval holder.
(7) Retailer-Conducted Tastings. Retailers
with Full On-Premises Sales, Limited On-Premises Sales and Off-Premises Sales
licenses may conduct tastings on their licensed premises only as follows:
(a) The retail licensee must provide the
product to be tasted.
(b) The
retail licensee must provide the person to serve the wine, cider, or malt
beverage. The server must be the retail licensee's employee or agent and may
not be an employee or agent of an Oregon Winery, Grower Sales Privilege,
Brewery, Brewery-Public House, Warehouse, Wholesale Malt Beverage and Wine
licensee or an Oregon Certificate of Approval holder.
(c) The retail licensee may not accept any
financial assistance from an Oregon Winery, Grower Sales Privilege, Brewery,
Brewery-Public House, Warehouse, Wholesale Malt Beverage and Wine licensee or
an Oregon Certificate of Approval holder.
(d) The retailer may advertise the tasting.
(e) The retailer may hold an
unlimited number of retailer-conducted tastings.
Stat. Auth.: ORS 471, including
471.030,
471.040,
471.730(1)
& (5)
Stats. Implemented: ORS
471.398 &
471.402
