OAR 845-006-0396
Requirements for Direct Delivery of Malt Beverages to a Resident of Oregon

(1) A person may sell for delivery malt beverages to a resident of Oregon only if the person holds:

(a) A valid Direct Shipper Permit and holds a license issued by this state or another state that authorizes the person to hold a Direct Shipper Permit; or

(b) An off-premises sales license issued by the Commission.

(2) A person holding a Direct Shipper Permit or an off-premises seals license may deliver or cause delivery of malt beverages as follows:

(a) Only in containers not exceeding two gallons. Despite this requirement, a factory-sealed container from an off-premises sales licensee must not hold more than two and one-quarter gallons.

(b) Only to a resident of Oregon who is at least 21 years of age and only if the malt beverage is for personal use and not for the purpose of resale;

(d) The malt beverage must be in a package that is conspicuously labeled with the words “Contains alcohol: signature of person age 21 years or older required for delivery” or similar language approved by the Commission;

(e) Only pursuant to an order for malt beverage that is received by the licensee or permittee and paid for by the resident prior to removal from the licensed or permitted premises for delivery to the resident;

(f) To a home or business where the home or business has a permanent street address; or

(g) To a location that is within 100 feet of the boundary of the licensed premises.

(h) If the container is a securely-covered container it must be an empty container supplied by the resident. The permit holder or licensee may sell an empty container to the resident prior to or at the time of filling the container.

(3) A permit holder or licensee must retain a record for a minimum of eighteen months of the amount of malt beverage contained in the shipment to the resident.

(4) If the permit holder or licensee delivers via a for-hire carrier, the permit holder and licensee must use a for-hire carrier with a plan approved by the Commission under OAR 845-005-0424 (Guidelines for Approval of a For-Hire Carrier’s Plan for Delivery of Malt Beverages, Wine, Cider or Distilled Spirits) and must comply with all other requirements of this rule applicable to the permit holder or licensee. When a permit holder or licensee uses a for-hire carrier to deliver malt beverages to a resident of Oregon, the permit holder or licensee may be held responsible for the for-hire carrier’s failure to follow the requirements of OAR 845-005-0424 (Guidelines for Approval of a For-Hire Carrier’s Plan for Delivery of Malt Beverages, Wine, Cider or Distilled Spirits).

(5) If the permit holder or licensee does not use a for-hire carrier, in addition to complying with all other requirements of this rule applicable to the permit holder or licensee, the person delivering the malt beverage must:

(a) Be age 18 or over;

(b) Verify that the person receiving the alcohol is at least 21 years of age;

(d) Collect information that must be retained by the licensee for a minimum of eighteen months from the date of delivery of the alcohol to the resident. The information retained must include:

(A) The date and time the alcohol was delivered to the resident;

(B) The name or information which can be used to determine the name of the person delivering the alcohol to the resident; and

(6) Delivery. A permit holder and an off-premises sales licensee, in addition to complying with all other requirements of this rule applicable to the permit holder or licensee, must:

(a) Ensure that the malt beverages are delivered between the hours of 7:00 am and 10:00 pm.

(b) Deliver not more than a total of five gallons of malt beverage per day per Oregon residence.

(7) A permit holder must:

(a) Allow the Commission to audit the permit holder’s records of malt beverage deliveries to Oregon residents upon request and shall make those records available to the Commission in Oregon no later than 60 days after the Commission mails the notice;

(b) Report to the Commission all deliveries of malt beverage made to a resident of Oregon under the permit as required by ORS Chapter 473 (Wine, Cider and Malt Beverage Privilege Tax). The report must be made in a form prescribed by the Commission; and

(c) Timely pay to the Commission all taxes imposed under ORS Chapter 473 (Wine, Cider and Malt Beverage Privilege Tax) on malt beverage sold and delivered directly to a resident of Oregon under the permit. For the purpose of the privilege tax imposed under ORS Chapter 473 (Wine, Cider and Malt Beverage Privilege Tax), all malt beverage sold and delivered pursuant to a direct shipper permit is sold in this state. The permit holder, not the purchaser, is responsible for the tax to the Commission.

(8) If the permit holder is located in a state outside of Oregon, it consents to the jurisdiction of the Commission and the courts of this state for the purpose of enforcing the provisions of this rule and any related laws or rules.

(9) A violation of section (7) of this rule is a Category IV violation. A violation of any other section of this rule is a Category III violation. In lieu of a criminal citation, the Commission may assess an administrative penalty for delivering malt beverage without a valid Direct Shipper Permit in violation of section (1) of this rule against any Oregon license held by the shipper, including a Certificate of Approval issued pursuant to ORS 471.244 (Certificates of approval for malt beverages, cider or wine).

Source: Rule 845-006-0396 — Requirements for Direct Delivery of Malt Beverages to a Resident of Oregon, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-006-0396.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 845-006-0396 Requirements for Direct Delivery of Malt Beverages to a Resident of Oregon

OAR 845-006-0396
Requirements for Direct Delivery of Malt Beverages to a Resident of Oregon