Oregon Administrative Code

845-013-0075 Schematics; ORS 471.398(5) (1) ORS 471.398(5) prohibits a manufacturer or wholesaler from giving a retailer any services except services of nominal value. (2) OAR 845-013-0070 limits services of nominal value to those which fall into one of two categories. (3) The ca…

845-013-0080 Manufacturer or Wholesaler Sponsorship of a Temporary Special Event ORS 471.398 and 471.400 allow manufacturers and wholesalers to provide certain items and services to retail licensees. This rule describes the terms and conditions under which a manufacturer or whole…

845-013-0090 Wholesale-Retail Relations: Non-Profit Temporary Sales Licenses (1) ORS 471.400(1) permits the Commission to allow manufacturers and wholesalers to provide products and services to non-profit Temporary Sales licensees without violating financial assistance laws. Thes…

845-013-0100 Wholesale-Retail Relations; Sale at Both Wholesale and Retail (1) Except as provided in ORS 471.396, 471.394(1) prohibits licensees from selling or engaging in the business of selling alcoholic beverages both at wholesale and retail. A licensee, and its employees and…

845-013-0110 Wholesale-Retail Relations; Prohibited Conduct (1) No manufacturer or wholesaler may buy food, beverages or anything of value on a retailer licensee’s premises for customers who are not his/her personal acquaintances. (2) No manufacturer or wholesaler may provide or …

845-015-0101 Definitions As used in OAR chapter 845, division 015: (1) "Commission" includes the 7 member body of Commissioners appointed by the Governor, the administrator (executive director) and agency staff. Any of the actions or decisions specified in this division may be de…

845-015-0110 Establishment of a Retail Liquor Store (1) When the Commission decides to establish a new retail liquor store, the Commission: (a) Determines the criteria for location and premises; (b) Determines a geographic location in which to locate a retail liquor store or a pr…

845-015-0115 Retail Sales Agent Eligibility (1) A retail sales agent who is an individual person must be at least 21 years old. Retail sales agents must devote enough time to a retail liquor store to ensure its efficient operation and reasonable service to the public. (2) A retai…

845-015-0118 Retail Sales Agent Prohibited Interests, ORS 471.710(3) (1) Definitions: As used in ORS 471.710(3) and this rule: (a) "Liquor Store Agent" has the same meaning as a retail sales agent, as defined in OAR 845-015-0101(5); (b) "Financial Interest" means knowingly having…

845-015-0120 Retail Sales Agent Selection Procedure (1) When the Commission fills a retail sales agent vacancy other than as OAR 845-015-0125(2) describes, the Commission seeks applications from the public. (2) When seeking applications from the public, the Commission advertises …

845-015-0125 Retail Sales Agent Selection Criteria (1) When the Commission selects a retail sales agent using the procedure in OAR 845-015-0120, the Commission evaluates the knowledge, skills and abilities of all applicants in the following areas: (a) Retail business experience i…

845-015-0135 Public Opinion on Retail Liquor Store Location (1) The Commission considers public opinion when it evaluates establishing or relocating a retail liquor store. The Commission seeks public opinion by: (a) Posting a public notice at the proposed location and at the exis…

845-015-0138 Retail Price for Distilled Spirits Before the Commission implements a surcharge or change in the mark-up formula for distilled spirits that would result in an increase in the retail price of distilled spirits sold to the public, the Commission shall: (1) Provide at l…

845-015-0140 Hours and Days of Operation To ensure adequate service to the public, the Commission requires retail liquor stores to maintain convenient hours of operation: (1) Except for Sundays and holidays, all retail liquor stores must be open between the hours of 12 noon and 6…

845-015-0141 Shipment of Distilled Spirits (1) Retail sales agents must follow the Retail Operations Manual when shipping or delivering distilled spirits to a final consumer. (2) Distillery retail outlet agents must follow the Distillery Retail Outlet Manual when shipping or deli…

845-015-0142 Remote Distiller Shipments to a Retail Sales Agent (1) A Distillery licensee who is located at least 75 miles driving distance from the OLCC warehouse at 9079 SE McLoughlin Blvd, Portland Oregon may, upon prior authorization of the Commission and agreement from a ret…

845-015-0143 Sale of Non-Liquor Items (1) In a retail liquor store, the retail sales agent may sell distilled spirits distributed by the Commission and non-liquor items. The Commission may require items to be removed that are objectionable. (2) A retail sales agent must secure Co…

845-015-0145 Solicitation; Incentives (1) A retail sales agent may seek business from any business or Full On-Premises Sales licensee, including any employee or representative by: (a) Describing a retail liquor store and its services orally, by flyer, personal letter or business …

845-015-0148 Minors in Liquor Stores (1) Except as provided in (2) below, only people 21 years of age or older may enter a retail liquor store, unless accompanied by a parent, spouse or Domestic Partner who is at least 21 years old. “Domestic Partner” means an individual who, alo…

845-015-0150 Service Refusal in a Retail Liquor Store (1) A customer who meets the age and identification requirements in ORS 471.130 has the right to purchase alcoholic liquor in a retail liquor store. (2) Despite section (1) of this rule, a retail sales agent must refuse to sel…

845-015-0155 Distilled Spirit Tasting in a Retail Liquor Store (1) The Commission allows sponsors to conduct distilled spirits tastings in retail liquor stores at the sole discretion of the retail sales agent for the purpose of promoting the sponsor's products. For purposes of th…

845-015-0160 Sale of Lottery Tickets Despite OAR 845-015-0143(1) (sale of related items), retail sales agents may contract with the Oregon State Lottery Commission to sell Oregon State Lottery Tickets in retail liquor stores. Statutory/Other Authority: ORS 471, 471.030, 471.730(1…

845-015-0165 Supplier Rebates on Distilled Spirits (1) The Commission allows suppliers to give consumer rebates on distilled spirits. Progressive-type coupons which provide a larger rebate when progressively more alcohol is purchased are permitted. An example of this would be a r…

845-015-0168 Full On-Premises Sales Licensee Refund A Full On-Premises Sales licensee who is going out of business may make a written request to the Commission to return resalable merchandise for a refund. If the Commission approves the request, the Commission will issue a refund…

845-015-0170 Payment for Distilled Spirits (1) Timing of Payment for Distilled Spirits Purchases. Payment for distilled spirits must be made at the time of purchase. If the purchaser is a Full On-Premises Sales licensee, and the distilled spirits being purchased are to be deliver…

845-015-0173 Discount for Full On Premises Sales Licensees’ Distilled Spirits Purchases Full On-Premises Sales licensees will purchase distilled spirits from a retail sales agent at a discount of five percent off the listed price fixed by the Commission. Licensees will receive th…

845-015-0175 Advertising by a Retail Sales Agent (1) The Commission allows advertising by retail sales agents through media and other forms that are not prohibited by statute or rule. (2) Advertising may not: (a) Be false, misleading or discriminatory; (b) Make claims that any go…

845-015-0177 Advertising in a Retail Liquor Store (1) Definitions: As used in this rule: (a) “Sweepstake” means a contest for prizes not prohibited by law and offered by a manufacturer or a person representing a distillery. (b) “Premium” means an item, offered to promote a produc…

845-015-0180 Distilled Spirits Samples Offered to Retail Sales Agents (1) Distillery representatives may not give samples to retail sales agents, their employees or customers in a retail liquor store. (2) Despite section (1) of this rule, a retail sales agent may accept samples f…

845-015-0185 Special Orders for Distilled Spirits Customers may order distilled spirits products or container sizes that the Commission does not carry in the regular product line. Minimum order quantities may apply. For special orders, the customer pays the wholesale cost, the av…

845-015-0190 Resignation Buy-Out Program for Retail Sales Agents (1) Purpose. The purpose of the Resignation Buy-Out Program is to provide a monetary benefit to all retail sales agents when they resign. Retail sales agents receive the buy-out, in part, to recognize their contribu…

845-015-0193 Terminating an Agency Agreement (1) A retail sales agent may terminate an Agency Agreement with at least 120 days written notice to the Commission. The termination date must be the last day of a calendar month unless otherwise agreed to by the retail sales agent and …

845-015-0196 Appointment of a Temporary Retail Sales Agent or Operation by Commission Staff (1) The Commission may appoint a temporary agent or operate a store temporarily with Commission staff when the Commission determines a retail sales agent is unable to operate a retail liqu…

845-015-0205 Satellite Liquor Stores (1) Satellite Liquor Stores are non-exclusive retail liquor stores located in smaller communities where there is a fluctuating, seasonal demand for an additional small outlet due to tourism or other similar factors. (2) A Satellite Retail Sale…

845-015-0210 Pilot Programs (1) The Commission may establish pilot programs of up to three years duration in order to test new marketing concepts or retail sales models or to respond to fluctuations in customer demand for distilled spirits products. As part of a pilot program the…

845-016-0001 Purpose ORS 471.542 and 471.547 require the Commission to establish standards for an alcohol education course, certify providers and instructors, and establish fees to cover the administrative cost of the program. These rules set standards and certification procedure…

845-016-0005 Definitions As used in OAR chapter 845, division 16: (1) "Advertising" means any form of notice used in recruiting and promotion, however disseminated, such as publications, signs, mailings, radio, television and audiovisual materials. (2) "Authorized Representative"…

845-016-0010 Provider Certification Process (1) A person who wants to become a provider of Alcohol Server Education Courses must submit: (a) A completed application package provided by the Commission that shows how the applicant meets the standards in OAR 845-016-0015 or 845-016-…

845-016-0015 Alcohol Server Education Provider Standards — Classroom Course To be certified, a provider must: (1) Have a course that meets the Commission's Alcohol Server Education Minimum Curriculum Standards (published September 1, 2007 and available at the Commission's main of…

845-016-0016 Alcohol Server Education Provider Standards for Initial Course When Given Online To be certified to present the initial Alcohol Server Education course online, a provider must: (1) Have a course that meets the Commission's Alcohol Server Education Minimum Curriculum …

845-016-0020 Instructor and Trainer Qualification and Performance Standards; Provider Responsibility for Fee and Performance (1) Qualifications: Each instructor and person who trains instructors, and who submits a Provider Certification form after September 1, 2007 must have: (a)…

845-016-0030 Student Enrollment, Information to be Provided to Students in Classroom and Online Courses (1) The provider or instructor will give each student: (a) At the time of enrollment, an enrollment agreement that clearly states the obligations of the provider and student, r…

845-016-0040 Recertification (1) A provider who wants to be recertified must submit a completed recertification application provided by the Commission, a non- refundable $250 recertification evaluation fee and the $100 fee for each instructor who will be teaching in the provider’…

845-016-0045 Certification and Recertification Denial (1) The Commission may deny certification or recertification to a provider or provider applicant if the applicant, provider, provider's instructor or instructor applicant, or the provider's authorized representative does not c…

845-016-0048 Restrictions (1) The Commission may restrict a provider’s or instructor’s certificate when: (a) In the absence of a restriction, the Commission has a basis to cancel, suspend/fine or deny the certification; or (b) In addition to all or part of a suspension or fine, a…

845-016-0055 Record Keeping (1) Each provider will keep course presentation information including the location, date and number of students attending each class. The provider will give the Commission this information upon request. (2) Each provider will keep enrollment records fo…

845-016-0060 Changes in Course, Instructor or Provider (1) A provider or instructor will not change program content or method of presentation without the provider receiving the Commission's prior approval. (2) Selling the Business: If the provider sells the business, the purchase…

845-016-0065 Provider Advertising and Promotion Standards (1) Provider advertising related to the course must include: (a) The provider's telephone number and cancellation policy; (b) The total amount of course time which includes instruction and break time; (c) A statement that …

845-016-0070 Provider Responsibility for Acts of Employees The Commission may hold a provider responsible for any act or omission of the provider's course instructor, personnel or representative that violates any law or administrative rule affecting provider privileges. Statutory…

845-016-0075 Prohibited Conduct No provider or instructor will: (1) Drink alcoholic beverages, be visibly intoxicated, or be under the influence of intoxicants during the course presentation and exam, including breaks and meals. Violation of this section is a Category I violation…