OAR 845-006-0370
Financial Assistance; Retailer Responsibility
(1)
Manufacturer and wholesaler have the same meaning as in ORS 471.392 (Definitions for ORS 471.392 to 471.400).(2)
Retailer has the same meaning as in OAR 845-013-0001 (Financial Assistance; Purpose, Limitation, Definitions and Record Keeping).(3)
The Commission interprets ORS 471.398 (Prohibition of financial assistance from wholesaler to retailer) to also prohibit a retailer from soliciting from a manufacturer or wholesaler any item or service these statutes prohibit, except as OAR 845-013-0001 (Financial Assistance; Purpose, Limitation, Definitions and Record Keeping) through 845-013-0110 (Wholesale-Retail Relations; Prohibited Conduct) allow.(4)
A retailer does not violate ORS 471.398 (Prohibition of financial assistance from wholesaler to retailer) if the retailer accepts the items or services that OAR 845-013-0001 (Financial Assistance; Purpose, Limitation, Definitions and Record Keeping) through 845-013-0110 (Wholesale-Retail Relations; Prohibited Conduct) allow.(5)
A retailer may not sell the samples a wholesaler or manufacturer gives the retailer under OAR 845-013-0060 (Items of Nominal Value, ORS 471.398(4)).(6)
No Full On-Premises Sales licensee or officer, director, manager, agent, or employee of a Full On-Premises Sales licensee will solicit or accept any gift, gratuity, special individualized discount, or other incentive from any retail sales agent of the Commission, or anyone representing the retail sales agent, if such may be reasonably construed to be an enticement to obtain, maintain or increase the recipients business with the retail sales agent.(7)
The requirements of section (6) of this rule apply to dispenser licenses issued under former ORS Chapter 472 ((Former Provisions)). This section expires October 1, 2001.
Source:
Rule 845-006-0370 — Financial Assistance; Retailer Responsibility, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-006-0370
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