Oregon Administrative Code

845-007-0005 Purpose and Application of Rules (1) The Commission serves the interests of the citizens of Oregon by regulating alcoholic beverage advertising for these purposes: (a) To minimize health or safety problems caused by the misuse of alcoholic beverages; (b) To encourage…

845-007-0010 Definitions As used in OAR 845-007-0005 through 845-007-0035: (1) "Advertising" is publicizing the trade name of a licensee together with words or symbols referring to alcoholic beverages or publicizing the brand name of an alcoholic beverage. (2) "Alcoholic Beverage…

845-007-0015 Advertising Media, Coupons (1) The Commission prohibits advertising through: (a) Handbills that are posted or passed out in public areas such as parking lots and publicly owned property; and (b) Point of sale items on premises where the advertised product is not sold…

845-007-0020 Restrictions (1) The Commission prohibits advertising if it contains: (a) False or misleading information; (b) Claims that the alcoholic beverage has curative or therapeutic effects; (c) Claims that any government agency endorses or supports the alcoholic beverage; (…

845-007-0035 Removal of Objectionable and Non-Conforming Advertising (1) Licensees and retail sales agents must remove any sign, display, or advertisement if the Commission finds it violates these rules. (2) The Commission will specify a reasonable time period in which to remove …

845-008-0050 Tax Reporting and Tax Liability All wineries must file tax statements with the Commission which include the quantity of wine produced, purchased or received during the calendar year. This rule explains the criteria to qualify as an annual reporter as well as the repo…

845-008-0060 Small Winery Exemption ORS 473.050(5) provides that no tax shall be levied, collected or imposed upon the first 40,000 gallons of wine sold annually in Oregon from a United States manufacturer of wine producing less than 100,000 gallons annually. This rule explains t…

845-008-0070 Export Exemption ORS 473.050(2) provides that no tax shall be levied, collected or imposed upon any wine exported from the state. This rule explains the criteria to qualify for this export exemption. (1) The export exemption can be used to recover taxes already paid …

845-008-0080 Penalties and Interest This rule describes the penalties and interest that may be assessed on a winery’s outstanding tax liability. (1) Unless waived, the Commission will assess a penalty of 10% and interest at the rate of 1% per month on any tax that is not paid on …

845-008-0090 Refunds ORS 473.060(1) provides that the Commission may refund any tax payment imposed upon or paid in error by a winery. This rule explains the criteria for the refund process. (1) A refund is the Commission returning money to the winery for over-paid taxes. It is d…

845-009-0005 Service Permit Application Requirements The Commission will review an application to determine if it is complete. An application is considered incomplete if: (1) Any of the following information is missing or illegible: (a) Applicant's full name; (b) Applicant's mail…

845-009-0010 Service Permit and Temporary Service Permit Requirements (1) Who Needs a Service Permit. ORS 471.360 requires a valid service permit or temporary service permit for any individual licensee or any person employed by a licensee who performs the following duties: (a) Mi…

845-009-0015 Licensee and Authorized Person’s Responsibility for Verifying Identification Before allowing anyone who is required to have a service permit or temporary service permit under ORS 471.360 to perform the duties described in OAR 845-009-0010(1), a licensee must: (1) Mak…

845-009-0020 Service Permit Denial and Cancellation Criteria (1) Under ORS 471.380 and 471.385, the Commission may deny or cancel a service permit and/or cancel a temporary service permit if the applicant or permittee violates certain laws, uses alcohol or controlled substances t…

845-009-0100 Service Permittee Requirements; Requalification and Renewal Requirements (1) The Commission will not issue or renew a service permit unless the applicant or permittee has complied with the requirements of ORS 471.542 and Commission rules related to the completion of …

845-009-0105 The Examination (Service Permittees and Service Permit Applicants) (1) A passing grade on the Commission-issued exam is 70 percent. (2) After the service permit applicant or permittee takes the course and exam, the Commission will give him/her the examination results…

845-009-0110 Oral Option An applicant or permittee may take the exam either in writing or orally at the completion of the course. He/she may also take the retake exams either in writing or orally. The applicant or permittee must make arrangements with the provider or field office…

845-009-0115 Server Education Hearings: Service Permittees and Applicants (1) If the Commission denies a service permit because the applicant, licensee, or permittee fails to meet the alcohol server education requirement, the applicant or permittee is entitled to a hearing under …

845-009-0130 Training Requirements for Employees of Off-Premises Sales Licensees 1) Purpose. The Commission is charged with regulating the sale of alcoholic beverages in a manner that protects the safety and welfare of citizens and ensures that alcoholic beverages are used legall…

845-009-0135 Responsible Vendor Program (1) Purpose. ORS 471.344 requires the Commission to establish a Responsible Vendor Program (program) for retail licensees, including the positive measures a licensee must take to participate in the program. The purpose of this rule is to se…

845-009-0140 Age Verification Equipment (1) As used in this rule: "Retail licensee" and "licensee" mean a retail licensee as defined in ORS 471.392; (2) In order to qualify for the credit provided under section (3) or (4) of this rule, age verification equipment must meet all of …

845-009-0145 Clerk Training Courses (1) ORS 471.341 requires an Off-Premises Sales clerk to complete a Commission-approved training course if the clerk sold alcohol to a minor or if the clerk failed to properly verify identification of a person who purchased alcohol. The clerk mu…

845-009-0150 Approved Seller Training Programs (1) ORS 471.410 provides that an employee of a liquor licensee or retail sales agent who has sold, given or otherwise made available alcohol to a minor may receive a reduced criminal penalty if the employee either holds a valid Orego…

845-009-0200 Uniform Standards for Minor Decoy Operations (1) Purpose. ORS 471.346 directs the Oregon Liquor and Cannabis Commission to develop, through rulemaking, uniform standards for minor decoy operations used to investigate licensees, permittees, and agents appointed by the…

845-010-0151 Deduction of Privilege Tax After Destruction of Defective Product (1) A wholesaler may claim a deduction for the privilege tax paid on defective malt beverage or wine after the wholesaler has destroyed the defective product. To claim the deduction, the wholesaler: (a…

845-010-0166 Territorial Agreements for the Wholesale Sale of Malt Beverages The Commission interprets ORS 474.115 as follows: (1) Only one wholesaler may distribute a brand of malt beverage in a designated territory. (2) When an importer contracts with a wholesaler for exclusive…

845-010-0170 Maintaining Records: Manufacturers, Wholesalers, Importers (1) The Commission requires every manufacturer, wholesaler, or importer of wine or malt beverages, including wineries and brewery public houses, to keep certain records so the Commission can assure appropriat…

845-010-0200 Wholesale Licensees; Sales, Prices to Retailers (1) A wholesale licensee must maintain and operate a permanent place of business with proper and adequate facilities for storing and distributing alcoholic liquor. (2) No wholesale licensee shall operate for the purpose…

845-010-0205 Malt Beverage Labeling Requirements, Analysis of Malt Beverages (1) “Label” means all information-bearing material attached to or a part of a malt beverage container (including the cap). (2) All malt beverage labels must comply with the requirements of the Commission…

845-010-0206 Private Labels (1) A manufacturer or wholesaler may produce or sell wine or malt beverages under a private label under the following conditions: (a) The retailer pays all costs associated with the development, production and application of the private label; (b) Alth…

845-010-0207 Pasteurization of Malt Beverages (1) “Pasteurized malt beverages” means malt beverages which have been subjected to such process or processes in manufacture and packaging which effectively inhibit continuing microbiological activity by the inactivation, destruction, …

845-010-0210 Price Lists (1) Any wholesale licensee of the Commission must maintain price lists at the licensed business premises for two years. Licensees must have these price lists available for Commission inspection at all times during business hours. (2) A licensee must charg…

845-010-0280 Standards of Identity and Prohibited Practices Concerning Wine The regulations of the Alcohol and Tobacco Tax and Trade Bureau (TTB) of the United States Department of Treasury apply to all wine sold in Oregon by a Commission licensee. In any case where OAR 845-010-0…

845-010-0290 Labeling Requirements for Wine (1) As used in Sections (4) and (6) of this rule, “control” means that the manufacturer holds the certificate of label approval with the Alcohol and Tobacco Tax and Trade Bureau or holds the certificate of exemption from label approval …

845-010-0300 Sacramental Wine The Commission will issue a permit to import sacramental wine without charge to any religious organization that submits a written application signed by a principal officer. The religious organization may not transfer the permit and may use the permit…

845-010-0310 Seizure of Substandard Wine The Commission at its discretion will pick up samples of wine to determine whether or not such wine is in conformity with analysis furnished the Commission and for the further purpose of determining whether the wine meets the standards set…

845-010-0905 Wine Produced or Bottled in Oregon from Vitis Vinifera or its Hybrid Grades — Definitions As used in OAR 845-010-0905 through 845-010-0930: (1) "Wine" means grape wine. (2) "Vitis Vinifera" is a species of grapes from which most European wines and a majority of Orego…

845-010-0910 Wine Produced or Bottled in Oregon from Vitis Vinifera or its Hybrid Grades — Purpose and Applicability (1) The Commission sets rigorous labeling standards for grape wine produced or bottled in Oregon to: (a) Ensure accurate presentation of the product; and (b) Encou…

845-010-0915 Grape Variety Names (1) A person may use a single grape variety name as a type designation on a wine brand label only if the wine derives at least 90 percent of its volume from that grape variety. (2) As an exception to section (1) of this rule, a person may use any …

845-010-0920 Appellation of Origin (1) An appellation of origin must appear on every wine brand label in direct conjunction with, and in lettering as conspicuous as, the wine's class or type designation. (2) If the appellation of origin claimed or implied anywhere on a wine label…

845-010-0923 Wine Label Designation of Nested American Viticultural Areas (1) For the purposes of this rule, “Nested American Viticultural Area” or “Nested AVA” means an American Viticultural Area or “AVA” that is partially or wholly contained within a larger American Viticultura…

845-010-0930 Semi-Generic Designation of Geographic Significance (1) No person may use a semi-generic designation of geographic significance or a name that implies a semi-generic designation as a class or type designation on a wine label. (2) As an exception to section (1) of thi…

845-013-0001 Financial Assistance; Purpose, Limitation, Definitions and Record Keeping (1) Purpose. ORS 471.398 and 471.400 generally prohibit manufacturers and wholesalers from giving services or things to retailers. The statute makes some exceptions to the general prohibition. …

845-013-0010 Substantial Gratuities (1) ORS 471.398(1) prohibits a manufacturer or wholesaler from providing a substantial gratuity to a retailer. This rule lists the only gratuities a manufacturer or wholesaler may give to a retailer and not violate ORS 471.398(1). (2) Food and …

845-013-0020 Money, Credit, Discounts; ORS 471.398(2) and 471.400(3)(a) (1) “Money, Credit”: ORS 471.398(2) prohibits a manufacturer or wholesaler from providing money or credit to a retailer. (2) For the purposes of this rule, “retailer” means a: (a) Full on-premises sales licen…

845-013-0030 Fixtures, Furniture, Furnishings, ORS 471.398(3) ORS 471.398(3) prohibits a supplier (manufacturer, wholesaler, or its agents) from providing any fixtures, furniture or furnishings to a retailer. A supplier does not violate this prohibition if he/she provides a displ…

845-013-0040 Advertising, ORS 471.398(4) ORS 471.398(4) allows a manufacturer or wholesaler to provide advertising to a retailer. (1) Except as authorized in this rule, the only advertising a supplier may provide under ORS 471.398(4) is generic, off-premises references to the sup…

845-013-0050 Point of Sale Advertising Materials and Consumer Take-Aways, ORS 471.398(4) (1) A supplier (manufacturer, wholesaler, or its agents), may provide point of sale materials and consumer take-aways to a retailer provided that the conditions prescribed in section (3) of t…

845-013-0060 Items of Nominal Value, ORS 471.398(4) (1) In addition to advertising and point of sale material, ORS 471.398(4) allows a supplier (manufacturer or wholesaler), or its agents, to provide items of nominal value to a retailer. This rule describes the items of nominal v…

845-013-0070 Services of Nominal Value; ORS 471.398(5) (1) ORS 471.398(5) prohibits a manufacturer or wholesaler from giving a retailer any services except those described in 471.398(5) and the two categories of services of nominal value described in this rule. (2) A manufacturer…