ORS 471.186
Off-premises sales license
- deliveries to retail customers
- rules
(1)
The holder of an off-premises sales license may sell factory-sealed containers of malt beverages, wine and cider for consumption off the licensed premises.(2)
The holder of an off-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in securely covered containers supplied by the consumer and that have capacities of not more than two gallons each.(3)
The holder of an off-premises sales license may provide sample tasting of alcoholic beverages on the licensed premises if the licensee applies in writing to the Oregon Liquor and Cannabis Commission and receives written approval from the commission to conduct tastings on the premises. Tastings must be limited to the alcoholic beverages that may be sold under the privileges of the license.(4)
An off-premises sales license may not be issued for use at a premises that is mobile.(5)
Except as provided in ORS 471.402 (Sample tastings authorized), a manufacturer or wholesaler may not provide or pay for sample tastings of alcoholic beverages for the public on premises licensed under an off-premises sales license.(6)
The holder of an off-premises sales license may deliver malt beverages, wine or cider that is sold under the privileges of the license to retail customers in this state without a direct shipper permit issued under ORS 471.282 (Direct shipper permit). Any deliveries by the holder of an off-premises sales license are subject to any rules adopted by the commission relating to deliveries made under this subsection. Deliveries under this subsection:(a)
May be made only to a person who is at least 21 years of age;(b)
May be made only for personal use and not for the purpose of resale; and(c)
Must be made in containers that are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”(7)
The holder of an off-premises sales license that makes deliveries of malt beverages, wine or cider under subsection (6) of this section shall take all actions necessary to ensure that a carrier used by the licensee does not deliver any malt beverages, wine or cider unless the carrier:(a)
Obtains the signature of the recipient of the malt beverages, wine or cider upon delivery;(b)
Verifies by inspecting government-issued photo identification that the recipient is at least 21 years of age; and(c)
Determines that the recipient is not visibly intoxicated at the time of delivery.(8)
Any person who knowingly or negligently delivers malt beverages, wine or cider under the provisions of this section to a person under 21 years of age, or who knowingly or negligently delivers malt beverages, wine or cider under the provisions of this section to a visibly intoxicated person, violates ORS 471.410 (Providing liquor to person under 21 or to intoxicated person).(9)
If a court determines that deliveries of malt beverages, wine or cider under subsection (6) of this section cannot be restricted to holders of off-premises sales licenses, and the decision is a final judgment that is no longer subject to appeal, the holder of an off-premises sales license may not make deliveries of malt beverages, wine or cider under the provisions of subsection (6) of this section after entry of the final judgment.(10)
The Oregon Liquor and Cannabis Commission may adopt rules to carry out this section. [1999 c.351 §6; 2008 c.34 §1; 2013 c.32 §3; 2015 c.673 §1; 2021 c.180 §10; 2021 c.183 §1a; 2021 c.351 §55]
Source:
Section 471.186 — Off-premises sales license; deliveries to retail customers; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors471.html.
Notes of Decisions
Holder of retail license under section not permitted to purchase and store wine in central warehouse facility for purpose of later distribution to retail stores. Clackamas Grocery Outlet Warehouse v. OLCC, 251 Or App 329, 283 P3d 936 (2012), Sup Ct review denied
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