OAR 845-013-0080
Manufacturer or Wholesaler Sponsorship of a Temporary Special Event
(1)
For this rule: “temporary special event” means an event licensed with a temporary sales license under ORS 471.190 (Temporary sales license), a temporary use of an annual license under ORS 471.184 (Catering and other temporary off-premises service under full or limited on-premises sales license)(2), or a special event brewery public house license under ORS 471.200 (Brewery-public house license) where the event does not exceed five license days (which need not be consecutive), and the event is not on a licensee’s annually licensed premises. It does not mean an event licensed with a special event winery license or a special event grower license issued under OAR 845-005-0415 (Special Event Winery and Special Event Grower Sales Licenses) or licensed with a special event distillery license under OAR 845-005-0413 (Special Events Distillery License).(2)
This rule does not apply to the purchase of advertising from a licensee as authorized under ORS 471.401 (Purchase of alcoholic liquor advertising space or time from retail licensee).(3)
This rule does not apply to items or services a manufacturer or wholesaler 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).(4)
This rule does not apply to a manufacturer or wholesaler providing items and services to a retail licensee (Full On-Premises Sales licensee, Limited On-Premises Sales licensee, Off-Premises Sales licensee, and Brewery-Public House Sales licensee) at the retail licensee’s annually licensed premises or at an event where the retail licensee has pre-approval for small-scale private catering under OAR 845-005-0405 (Full or Limited On-Premises Licensee Small-Scale Private Catering) or large-scale private catering under OAR 845-005-0410 (Full or Limited On-Premises Licensee Large-Scale Private Catered Events and Temporary Use of an Annual License for Events at Another Location). Instead, the manufacturer or wholesaler must comply with ORS 471.398 (Prohibition of financial assistance from wholesaler to retailer), 471.400 (Exceptions to prohibition of financial assistance), 471.401 (Purchase of alcoholic liquor advertising space or time from retail licensee), and division 13 of chapter 845 of the Commission’s administrative rules.(5)
A manufacturer or wholesaler sponsoring a temporary special event may provide to the temporary special event licensee only the items or services allowed under division 13 of chapter 845 of the Commission’s administrative rules. However, notwithstanding OAR 845-013-0040 (Advertising, ORS 471.398(4)), a manufacturer or wholesaler may also provide advertising of a temporary special event that lists the name and location of the temporary special event along with the name of the manufacturer’s or wholesaler’s product.(6)
No monetary payments of any kind may be made by a manufacturer or wholesaler or its agent to a retail licensee in connection with a temporary special event, except for payments to purchase advertising allowed under ORS 471.401 (Purchase of alcoholic liquor advertising space or time from retail licensee)(1)(d). Any payments for advertising provided under this rule must be made by the manufacturer or wholesaler or its agent directly to the third party provider of the advertising (for example, payments for advertising furnished by the manufacturer or wholesaler must be made to the media outlet that provides the advertising and not to the retail licensee). Advertising does not include fixtures, furniture or furnishings as prohibited by ORS 471.398 (Prohibition of financial assistance from wholesaler to retailer)(3) and OAR 845-013-0030 (Fixtures, Furniture, Furnishings, ORS 471.398(3)).(7)
All alcoholic beverages sold or served at a temporary special event must be purchased by the temporary special event licensee from a licensed manufacturer or wholesaler at the established wholesale price or from the Commission. The manufacturer or wholesaler may not require the temporary special event licensee to exclude any competitor’s products.(8)
Each manufacturer or wholesaler and each retail licensee providing or accepting sponsorship for a temporary special event shall maintain an accurate and complete record of the sponsorship. These records must include the items or services provided in connection with the sponsorship, the name and duration of the event, and the names of the licensee and sponsoring manufacturers or wholesalers. These records must be retained for a period of two years from the date of the event, and this information shall be provided to the OLCC upon request.(9)
Violation of any section of this rule is a Category III violation.
Source:
Rule 845-013-0080 — Manufacturer or Wholesaler Sponsorship of a Temporary Special Event, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-013-0080.