Liquor stores and warehouses
(1)The Oregon Liquor and Cannabis Commission shall establish stores and warehouses in places in this state that in the commission’s judgment are required by public convenience or necessity, for the sale of distilled liquors, wines and other alcoholic liquors containing over five percent alcohol by volume, in sealed containers for consumption off the premises. The commission shall keep on hand in the stores or warehouses established under this section quantities and kinds of alcoholic liquors as are reasonably required to supply the public demand.
(2)Any person qualified to purchase alcoholic liquors from the commission may present to the commission, or at any of the stores established by the commission, an application for any kind or brand of alcoholic liquor that the person may desire and that may be manufactured or obtainable in any place in the United States. The commission shall obtain the alcoholic liquor and sell it to the applicant. The commission may not require that an application for a kind or brand of alcoholic liquor include a commitment to purchase a minimum amount of the alcoholic liquor or require that a purchase be for more than one container of a kind or brand of alcoholic liquor if the alcoholic liquor:
(a)Except as provided in subsection (6) of this section, has a retail sales price of $30 or more per container;
(b)Is available through a distributor in the United States that does not require the commission to acquire more than one case of the distilled liquor in a single transaction;
(c)Is not regularly stocked by the commission; and
(d)Is ordered in a 750 milliliter container size if available in that size.
(3)The commission may not establish a store in any county or incorporated city of this state where a local prohibitory law is in effect.
(4)The commission may appoint agents in the sale of alcoholic liquors pursuant to agreements negotiated between the commission and the agents, or representatives of the agent.
(5)Intentionally left blank —Ed.
(a)The commission shall adopt rules governing advertising by stores operated by the commission. Rules relating to advertising adopted by the commission under this subsection must allow signs and displays within the commission’s stores for the purpose of supplying consumer information to customers, including but not limited to discounts, sales and other specials. Commission discretion with respect to the signs and displays described in this subsection is limited to regulation of the content, size, number per brand, type and duration of the sign or display.
(b)Signs and displays may be supplied by manufacturers, wholesalers or distributors, and may bear the name of a particular distillery, supplier or brand of liquor. The use of signs and displays is optional with the agent appointed by the commission.
(6)The commission may annually adjust the price threshold established in subsection (2)(a) of this section by a percentage equal to the percentage change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. However, the commission may not adjust the price threshold to be less than $30.
(7)The commission shall compensate an agent appointed under this section according to the schedule established in ORS 471.753 (Agent compensation). [Amended by 1977 c.321 §3; 1977 c.608 §2; 1991 c.379 §1; 1995 c.301 §89; 2001 c.785 §11; amendments by 2002 s.s.1 c.11 §1 repealed by 2002 s.s.2 c.1 §3; 2002 s.s.2 c.1 §1; 2011 c.180 §2; 2019 c.57 §28; 2021 c.180 §14; 2021 c.351 §146; 2021 c.620 §3]
Section 471.750 — Liquor stores and warehouses; operation; sales; advertising; rules,
Notes of Decisions
Oregon Liquor Control Commission negotiation of retail sales agreement terms with agents or representatives is permissive, not mandatory. Karson v. OLCC, 189 Or App 223, 74 P3d 1163 (2003), Sup Ct review denied