OAR 845-013-0075
Schematics; ORS 471.398(5)
(1)
ORS 471.398 (Prohibition of financial assistance from wholesaler to retailer)(5) prohibits a manufacturer or wholesaler from giving a retailer any services except services of nominal value.(2)
OAR 845-013-0070 (Services of Nominal Value; ORS 471.398(5)) limits services of nominal value to those which fall into one of two categories.(3)
The category described in OAR 845-013-0070 (Services of Nominal Value; ORS 471.398(5))(3) allows a manufacturer or wholesaler to give basic marketing support services for the manufacturer or wholesaler’s alcoholic beverage products. When a manufacturer or wholesaler uses schematics to promote their products to a retailer, the Commission considers that to be a basic marketing support service.(4)
When a manufacturer or wholesaler uses schematics to promote their products to a retailer, the retailer remains responsible for deciding what products are actually sold.(5)
The Commission holds licensees accountable for the acts of their agents and employees. (See OAR 845-006-0362 (Responsibility of Licensees for Conduct of Others)). Accordingly, any licensee who provides schematics through another person or business is responsible for the actions of the party. If a person or business that provides schematics on behalf of a licensee violates any liquor law or rule, the Commission takes the appropriate compliance action against the licensee.
Source:
Rule 845-013-0075 — Schematics; ORS 471.398(5), https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-013-0075.