Chapter 34 Oregon Laws 2008 Special Session
AN ACT
HB 3636
Relating to Oregon Liquor Control Commission; amending ORS 471.186 and
471.282; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 471.186 is amended to read:
471.186. (1) The holder
of an off-premises sales license may sell factory-sealed containers of wine,
malt beverages and cider. Containers of malt beverages sold under the license
may not hold more than two and one-quarter gallons.
(2) The holder of an
off-premises sales license may provide sample tasting of alcoholic beverages on
the licensed premises if the licensee makes written application to the Oregon
Liquor Control Commission and receives approval from the commission to conduct
tastings on the premises. Tastings must be limited to the alcoholic beverages
that may be sold under the privileges of the license.
(3) An off-premises
sales license may not be issued for use at a premises that is mobile.
(4) Except as provided
in ORS 471.402, a manufacturer or wholesaler may not provide or pay for sample
tastings of alcoholic beverages for the public on premises licensed under an
off-premises sales license.
(5) The holder of an
off-premises sales license may deliver wine or cider that is sold under the
privileges of the license to retail customers in this state without a direct
shipper permit issued under ORS 471.282. Any deliveries by the holder of an
off-premises sales license are subject to any rules adopted by the commission
relating to deliveries made under this subsection. Deliveries under this
subsection:
(a) May be made only to
a person who is at least 21 years of age;
(b) May be made only for
personal use and not for the purpose of resale; and
(c) Must be made in
containers that are conspicuously labeled with the words: “CONTAINS
ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”
(6) The holder of an
off-premises sales license that makes deliveries of wine or cider under
subsection (5) of this section must take all actions necessary to ensure that a
carrier used by the licensee does not deliver any wine or cider unless the
carrier:
(a) Obtains the
signature of the recipient of the wine or cider upon delivery;
(b) Verifies by
inspecting government-issued photo identification that the recipient is at
least 21 years of age; and
(c) Determines that the
recipient is not visibly intoxicated at the time of delivery.
(7) Any person who
knowingly or negligently delivers wine or cider under the provisions of this
section to a person under 21 years of age, or who knowingly or negligently
delivers wine or cider under the provisions of this section to a visibly
intoxicated person, violates ORS 471.410.
(8) If a court
determines that deliveries of wine or cider under subsection (5) of this
section cannot be restricted to holders of off-premises sales licenses, and the
decision is a final judgment that is no longer subject to appeal, the holder of
an off-premises sales license may not make deliveries of wine or cider under the
provisions of subsection (5) of this section after entry of the final judgment.
SECTION 2.
ORS 471.282 is amended to read:
471.282. (1)
Notwithstanding any other provision of this chapter[,] and except as provided by ORS 471.186 (5), a person may
sell and ship wine or cider directly to a resident of
(a) A person that holds
a license issued by this state or another state that authorizes the manufacture
of wine or cider;
(b) A person that holds
a license issued by this state or another state that authorizes the sale of
wine or cider produced only from grapes or other fruit grown under the control
of the person;
(c) A person that holds
a license authorizing the sale of wine or cider at retail; or
(d) A nonprofit trade
association that holds a temporary sales license under ORS 471.190 and that has
a membership primarily composed of persons holding winery licenses issued under
ORS 471.223 or grower sales privilege licenses issued under ORS 471.227.
(2) A person may apply
for a direct shipper permit by filing an application with the commission. The
application must be made in such form as may be prescribed by the commission.
The person must include in the application the number of the license issued to
the person by the commission, or a true copy of the license issued to the
person by another state. If the application is based on a license issued by
another state, or the application is by a nonprofit trade association described
in subsection (1)(d) of this section, the person or association must pay a $50
registration fee and maintain a bond or other security described in ORS 471.155
in the minimum amount of $1,000.
(3) Sales and shipments
under a direct shipper permit:
(a) May be made only to
a person who is at least 21 years of age;
(b) May be made only for
personal use and not for the purpose of resale; and
(c) May not exceed two
cases, containing not more than nine liters per case, to any resident per
month.
(4) Sales and shipments
under a direct shipper permit must be made directly to a resident of this state
in containers that are conspicuously labeled with the words: “CONTAINS
ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”
(5) A person holding a
direct shipper permit must take all actions necessary to ensure that a carrier
used by the permit holder does not deliver any wine or cider unless the
carrier:
(a) Obtains the
signature of the recipient of the wine or cider upon delivery;
(b) Verifies by
inspecting government-issued photo identification that the recipient is at
least 21 years of age; and
(c) Determines that the
recipient is not visibly intoxicated at the time of delivery.
(6)(a) A person holding
a direct shipper permit must report to the commission all shipments of wine or
cider made to
(b) A person holding a
direct shipper permit must allow the commission to audit the permit holder’s
records upon request and shall make those records available to the commission
in this state.
(c) A person holding a
direct shipper permit consents to the jurisdiction of the commission and the
courts of this state for the purpose of enforcing the provisions of this
section and any related laws or rules.
(7)(a) A person holding
a direct shipper permit must timely pay to the commission all taxes imposed
under ORS chapter 473 on wine and cider sold and shipped under the permit. For
the purpose of the privilege tax imposed under ORS chapter 473, all wine or
cider sold and shipped pursuant to a direct shipper permit is sold in this
state.
(b) A person holding a
direct shipper permit based on a license issued by another state must timely
pay to the commission all taxes imposed under ORS chapter 473 on all wine or
cider sold and shipped directly to
(8) A direct shipper
permit must be renewed annually. If the person holds the permit based on an
annual license issued by another state, the permit may be renewed by paying a
$50 renewal fee and providing the commission with a true copy of a current
license issued to the person by the other state. If the person holds the permit
based on an annual license issued by this state, the permit may be renewed at
the same time that the license is renewed.
(9) The commission may
refuse to issue or may suspend or revoke a direct shipper permit if the permit
holder fails to comply with the provisions of this section. A person may sell
and ship wine or cider under a direct shipper permit only for as long as the
person has the license issued by this state or another state that authorizes
the person to hold a direct shipper permit.
(10) Any person who
knowingly or negligently delivers wine or cider under the provisions of this
section to a person under 21 years of age, or who knowingly or negligently
delivers wine or cider under the provisions of this section to a visibly
intoxicated person, violates ORS 471.410.
(11) A person may not
make sales and shipments of wine or cider directly to
SECTION 3. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
__________