OAR 845-013-0100
Wholesale-Retail Relations; Sale at Both Wholesale and Retail
(1)
Except as provided in ORS 471.396 (Exceptions to prohibition on financial connection between wholesaler and retailer), 471.394 (Prohibition on sales at both wholesale and retail)(1) prohibits licensees from selling or engaging in the business of selling alcoholic beverages both at wholesale and retail. A licensee, and its employees and agents, may engage in the business of selling alcoholic beverages both at wholesale and retail to the extent that retail sales are authorized by the statutes establishing the privileges of each license. For purposes of this statute, the direct consumer sales that 471.235 (Wholesale malt beverage and wine license) allows a wholesale malt beverage and wine licensee to make are wholesale sales.(2)
As used in ORS 471.394 (Prohibition on sales at both wholesale and retail)(1):(a)
“Licensee” includes retailers, wholesalers, and manufacturers of any alcoholic beverages and their managers, officers and directors;(b)
“Licensee” also includes retailers’, wholesalers’, and manufacturers’ agents and employees who sell or engage in the business of selling alcoholic beverages.(3)
Despite the prohibition contained in ORS 471.394 (Prohibition on sales at both wholesale and retail)(1):(a)
A manufacturer or wholesaler licensee as defined in ORS 471.392 (Definitions for ORS 471.392 to 471.400)(1) and a brewery-public house licensee as defined in ORS 471.200 (Brewery-public house license) may employ an employee or agent of a retail licensee as defined in ORS 471.392 (Definitions for ORS 471.392 to 471.400)(2) to sell alcoholic beverages at both wholesale and retail.(b)
A retail licensee as defined in ORS 471.392 (Definitions for ORS 471.392 to 471.400)(2) may employ an employee or agent of a manufacturer or wholesaler licensee as defined in ORS 471.392 (Definitions for ORS 471.392 to 471.400)(1) or a brewery-public house licensee as defined in ORS 471.200 (Brewery-public house license) to sell alcoholic beverages at retail provided the retail licensee does not sell or offer for sale any alcoholic beverages sold, distributed, or produced by the manufacturer, wholesaler, or brewery-public house licensee.(c)
A brewery-public house licensee as defined in ORS 471.200 (Brewery-public house license) may employ an employee or agent of another brewery-public house licensee provided each brewery-public house licensee that employs the same employee or agent does not sell or offer for sale the other’s alcoholic beverages.(4)
Violation of this section is a Category IV violation.
Source:
Rule 845-013-0100 — Wholesale-Retail Relations; Sale at Both Wholesale and Retail, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-013-0100.