OAR 845-006-0399
Sale of Mixed Drinks and Single Servings of Wine by Full On-Premises Sales Licensees for Off-Premises Consumption and Delivery

(1) Definitions. For the purposes of this rule:
(a) “Manufacturer-sealed container” means a container holding an alcoholic beverage that was sealed upon removal from federal bond.
(b) “Mixed drink” means a beverage that is combined on a licensed premises and sold in a sealed container for consumption off of the licensed premises and is:
(A) A drink where the principal alcoholic liquor is distilled liquor and one or more mixers, and contains no more than three ounces of distilled liquor; or
(B) A drink where the principal alcoholic liquor is wine combined with one or more mixers or distilled liquor that contains no more than six ounces of liquid.
(c) “Mixer” means malt beverages, wine, cider, or nonalcoholic ingredients.
(d) “Resident of Oregon” means a person who is in Oregon, even if temporarily.
(e) “Sealed container” means a container with a secure cap or lid that completely covers the opening for the container and a seal designed to make it evident when the seal has been removed or broken. The seal is affixed to the container by the licensee after the container is filled pursuant to a consumer order for the mixed drink.
(f) “Serving of wine” means a container holding six ounces or less of wine with no mixer and no distilled liquor.
(g) “Third-party platform” means a website, mobile application or other electronic service that facilitates the order of food and beverages for sale to a consumer by a licensee and that provides one or more the following services:
(A) Delivering, or arranging for the delivery of, the order to the consumer; or
(B) Arranging for the pickup of the order by the consumer from the licensee.
(2) A Full On-Premises Sales licensee may sell or provide no more than a total of either two containers of a mixed drink, two servings of wine, or one mixed drink and one serving of wine per substantial food item as defined in OAR 845-006-0459 (Definitions).
(3) A Full On-Premises Sales licensee that sells mixed drinks or servings of wine to consumers must prominently post a notice provided by the Commission relating to Oregon’s open container laws. The notice must be prominently displayed on the premises and present in whatever manner is necessary to ensure that the consumer purchasing, or a delivery person transporting, such beverages is given notice of this warning. Violation of this section is a Category IV violation.
(4) Mixed drinks and servings of wine may be delivered to a resident of Oregon by a Full On-Premises Sales licensee only as follows:
(a) To a resident of Oregon who is at least 21 years of age and only if the mixed drink or serving of wine is for personal use and not for the purpose of resale;
(b) To a resident of Oregon who is not visibly intoxicated at the time of receiving the mixed drink or serving of wine;
(c) The mixed drink or serving of wine is in a container or packaging that is conspicuously labeled with the words “Contains alcohol: deliver only to a person age 21 years or older.” This message may be directly on the container, on the packaging, or accompanying the container. Examples that meet this labeling requirement include but are not limited to a card, adhesive label or notice, or other medium approved by the Commission;
(d) Pursuant to an order for a mixed drink or serving of wine that is received by the licensee and paid for by the resident prior to removal from the licensed premises for delivery to the resident;
(e) The mixed drink or serving of wine is delivered between the hours of 7:00 am and 10:00 pm;
(f) To a home or business where the home or business has a permanent street address; or to a location that is within 100 feet of the boundary of the licensed premises.
(5) Licensees may 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) to deliver mixed drinks and servings of wine to residents of Oregon. When a licensee uses a for-hire carrier to deliver a mixed drink or serving of wine to a resident of Oregon, the 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). If the licensee does not use a for-hire carrier, in addition to complying with all other requirements of this rule applicable to the licensee, the person making the delivery of the mixed drink or serving of wine must:
(a) Be age 18 or over;
(b) Verify that the person receiving the mixed drink or serving of wine is at least 21 years of age;
(c) Determine that the person receiving the mixed drink or serving of wine is not visibly intoxicated; and
(d) Collect information that must be retained by the licensee for a minimum of 120 days from the date of delivery of the mixed drink or serving of wine to the resident. The information retained must include:
(A) The date and time the mixed drink or serving of wine was delivered to the resident;
(B) The name or information that can be used to determine the name of the person delivering the alcohol to the resident; and
(C) The name and delivery address of the person receiving the alcohol.
(6) A Full On-Premises Sales licensee may receive orders and payment for mixed drinks and servings of wine through a third-party platform. The licensee may use a third-party platform to deliver mixed drinks or servings of wine sold to a resident of Oregon only if the third-party platform is approved as a for-hire carrier as defined in OAR 845-005-0424 (Guidelines for Approval of a For-Hire Carrier’s Plan for Delivery of Malt Beverages, Wine, Cider or Distilled Spirits).
(7) A Full On-Premises Sales licensee may not sell manufacturer-sealed containers of distilled liquor of any size. Violation of this subsection is a Category I violation.
(8) This rule does not apply to sales of manufacturer-sealed containers or securely covered containers of malt beverages, wine, or cider for off-premises consumption.
(9) Unless otherwise specified, violation of this rule is a Category III violation.
(10) This rule shall be repealed 60 days after the date on which the declaration of a state of emergency issued by the Governor on March 8, 2020, and any extension of the declaration, is no longer in effect.

Source: Rule 845-006-0399 — Sale of Mixed Drinks and Single Servings of Wine by Full On-Premises Sales Licensees for Off-Premises Consumption and Delivery, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-006-0399.

845–006–0301
“Applicant” and “Licensee” Defined 845–006–0302
“Family Member” Defined 845–006–0309
Requirements for Outdoor Areas Not Abutting a Licensed Building 845–006–0335
Age Verification 845–006–0340
Minor Postings 845–006–0345
Prohibited Conduct 845–006–0347
Noisy, Disorderly or Unlawful Activity and Drinking Alcohol Outside the Premises 845–006–0348
Unlawful Drug Activity on Licensed Premises 845–006–0349
Activities on College Campuses 845–006–0353
Distilled Spirits Samples and Promotions from a Distiller’s Representative 845–006–0360
Maintenance of License Certificate, Restriction Document, Authority to Operate, Minor Posting Sign 845–006–0362
Responsibility of Licensees for Conduct of Others 845–006–0365
Payment for Alcoholic Beverages 845–006–0370
Financial Assistance 845–006–0380
Certificate of Approval for Distilled Spirits 845–006–0390
Transportation by Licensed Retailer from Licensed Wholesaler Premises 845–006–0391
Delivery of Malt Beverage, Wine or Cider to Individuals — Definitions 845–006–0392
Requirements for Direct Delivery of Wine and Cider to a Resident of Oregon 845–006–0396
Requirements for Direct Delivery of Malt Beverages to a Resident of Oregon 845–006–0399
Sale of Mixed Drinks and Single Servings of Wine by Full On-Premises Sales Licensees for Off-Premises Consumption and Delivery 845–006–0400
Requirements for Wine Self-Distribution Permit for Wine and Cider 845–006–0401
Requirements for Oregon Retailers to Receive Wine or Cider from the Holder of a Wine Self-Distribution Permit 845–006–0410
Custom Order Agreements 845–006–0425
Hours of Sale 845–006–0426
Public Interest and Convenience Reasons for Cancellation or Suspension 845–006–0428
Exemptions for Certain Tour Boats 845–006–0430
Alcohol Management in Public Venues 845–006–0433
Minibars in Hotel Guest Rooms 845–006–0434
Minibars in Arena Suites 845–006–0435
Maintaining Records: Retail Licensees 845–006–0440
Deposits on Draft Malt Beverage and Wine Containers 845–006–0441
Sale of Malt Beverages in Kegs 845–006–0445
Nonbeverage Food Products Containing Alcoholic Beverages 845–006–0446
Promotional Events at a Retailer Licensed Premises Involving Suppliers 845–006–0450
Retail On-Premises Malt Beverage, Wine, or Cider Tastings Involving Suppliers 845–006–0452
Requirements for Distilled Liquor Tastings Provided by Oregon Distillery Licensee 845–006–0459
Definitions 845–006–0460
Food Service at Commercial Establishment with Full On-Premises Sales License 845–006–0461
Food Service Requirements for Nonprofit Private Clubs with a Full On-Premises Sales License 845–006–0462
Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License 845–006–0463
Food Service Requirements for Public Passenger Carriers with a Full On-Premises Sales License 845–006–0464
Food Service Requirements for Other Public Locations with a Full On-Premises Sales License 845–006–0465
Food Service Requirements for Temporary Licenses Authorized Under ORS 471.190(4) 845–006–0466
General Food Service Requirements for Full On-Premises Sales Licenses 845–006–0469
Full On-Premises Sales License with Additional On-Premises Sales Privilege 845–006–0475
License Changes Requiring Notice/Prior Approval 845–006–0480
Changes in Premises or Operation: Notice Required 845–006–0481
Notification When Premises Closed: Time Limit for Operation 845–006–0482
Closure of Premises for Private Uses 845–006–0485
Public Passenger Carrier Notification of Additional Premises 845–006–0490
Requirements for a Full On-Premises Sales License for a Nonprofit Private Club 845–006–0495
Requirements for a Full On-Premises Sales License for a For-Profit Private Club 845–006–0497
Enforceable Compliance Plans 845–006–0498
Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension 845–006–0500
Suspensions and Civil Penalties
Last Updated

Jun. 8, 2021

Rule 845-006-0399’s source at or​.us