OAR 845-006-0446
Promotional Events at a Retailer Licensed Premises Involving Suppliers


(1)

Definitions. For the purposes of this rule:

(a)

“Retailer Licensed Premises” means a premises licensed with a full on-premises sales issued under ORS 471.175 (Full on-premises sales license), limited on-premises sales issued under ORS 471.178 (Limited on-premises sales license), or brewery-public house licensed issued under ORS 471.200 (Brewery-public house license).

(b)

“Supplier” means a Winery, Grower Sales Privilege, Brewery, Brewery-Public House, Warehouse, and Distillery licensee. It also means an Oregon Certificate of Approval (CERA) holder and an Oregon Certificate of Approval Distillery (CERD) but only for the product for which it holds the certificate. Further, a supplier does not mean an Oregon Wholesale Malt Beverage and Wine licensee; however, a Wholesale Malt Beverage and Wine licensee may represent a CERA holder.

(c)

“Promotional Event” means an event sponsored by a retailer at a retailer licensed premises where the retailer accepts assistance as per section (3) of this rule from one or more suppliers. Examples include winemaker dinners, food and alcohol pairings, and product releases.

(2)

Retail Licensee Responsibilities. The retail licensee is responsible for:

(a)

All sale and service of alcohol at the event.

(b)

Ensuring that a supplier who serves alcoholic beverages at the event has a valid Oregon service permit.

(c)

Ensuring that the supplier does not compensate the retailer or any employee or agent of the retailer to participate in any event as described in this section.

(d)

Ensuring that the supplier does not donate alcohol or sell alcohol at a discount to the retail licensee and the retail licensee does not accept donated alcohol or discounted alcohol from a supplier (the retail licensee must obtain the alcohol from a retail sales agent of the Commission or a supplier authorized to sell alcohol directly to retail licensees of the Commission).

(e)

Meeting all applicable food service requirements.

(3)

Supplier Assistance. OAR 845-013-0001 (Financial Assistance; Purpose, Limitation, Definitions and Record Keeping) to 845-013-0110 (Wholesale-Retail Relations; Prohibited Conduct) apply to these events; however, at these events a supplier may provide to a retailer and a retailer may accept from a supplier:

(a)

Education to patrons and staff.

(b)

Staff or agents of the supplier to serve alcoholic beverages for the products it represents provided the server has a valid Oregon service permit.

(4)

Record Keeping. The retail licensee must keep a record of each event it sponsors, including the date and location of each event, the products served, and the names of suppliers. Records of events must be retained for at least one year from the date of the event.

(5)

Advertising. The retailer may advertise these events. The supplier may advertise these events as allowed in OAR 845-013-0040 (Advertising, ORS 471.398(4)).

(6)

Number of Promotional Events. A supplier may be in each retail premises no more than 12 days per calendar year for the purpose of a promotional event.

(7)

This rule does not apply to items or services a supplier provides under OAR 845-013-0090 (Wholesale-Retail Relations: Non-Profit Temporary Sales Licenses) to a nonprofit or governmental temporary sales licensee as described in OAR 845-013-0090 (Wholesale-Retail Relations: Non-Profit Temporary Sales Licenses)(4)(a).

(8)

Violation of sections (2) through (4) of this rule are Category III violations.

Source: Rule 845-006-0446 — Promotional Events at a Retailer Licensed Premises Involving Suppliers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-006-0446.

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 845-006-0446’s source at or​.us