(1) The holder of a full on-premises sales license may sell by the drink at retail wine, malt beverages, cider and distilled liquor. Except as provided in this section and ORS § 471.176, all alcoholic beverages sold under a full on-premises sales license must be consumed on the licensed premises.

Terms Used In Oregon Statutes 471.175

  • Commercial establishment: means a place of business:

    (a) Where food is cooked and served;

    (b) That has kitchen facilities adequate for the preparation and serving of meals;

    (c) That has dining facilities adequate for the serving and consumption of meals; and

    (d) That:

    (A) If not a for-profit private club, serves meals to the general public; or

    (B) If a for-profit private club, serves meals to the club's members and guests and complies with any minimum membership and food service requirements established by Oregon Liquor and Cannabis Commission rules. See Oregon Statutes 471.001

  • Commission: means the Oregon Liquor and Cannabis Commission. See Oregon Statutes 471.001
  • Distilled liquor: includes distilled spirits. See Oregon Statutes 471.001
  • licensed premises: includes areas outside of a building that the commission has specifically designated as approved for alcoholic beverage service or consumption. See Oregon Statutes 471.001
  • Licensee: means any person holding a license issued under this chapter. See Oregon Statutes 471.001
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
  • Wine: includes fortified wine. See Oregon Statutes 471.001

(2) A full on-premises sales license may be issued only to a:

(a) Nonprofit private club, as described in subsection (11) of this section.

(b) Public passenger carrier as provided in ORS § 471.182.

(c) Commercial establishment, as defined in ORS § 471.001 (2).

(d) Public location that does not qualify for licensing under paragraphs (a) to (c) of this subsection if:

(A) Food is cooked and served at the location;

(B) The predominant business activity at the location is other than the preparation or serving of food or the serving of alcohol; and

(C) The location meets any minimum food service requirements established by Oregon Liquor and Cannabis Commission rule.

(e) Caterer, subject to the requirements of ORS § 471.184.

(3) The holder of a full on-premises sales license shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the wine is served in conjunction with the patron’s meal, the patron is not a minor and the patron is not visibly intoxicated.

(4) The holder of a full on-premises sales license may purchase any distilled liquor from an agent of the commission appointed pursuant to ORS § 471.750 at a discount of not more than five percent off the regular listed price fixed by the commission, together with all taxes, in a manner prescribed by commission rule. For purposes of compensation by the commission, the appointed agent shall be credited with such sales at full retail cost. The commission may not require the licensee to purchase more than one container of distilled liquor at a time if the distilled liquor:

(a) Except as provided in subsection (12) 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.

(5) The holder of a full on-premises sales license may purchase distilled liquor only from a retail sales agent of the commission or from another person licensed under this section who has purchased the distilled liquor from a retail sales agent of the commission.

(6) The holder of a full on-premises sales license may purchase for sale at retail malt beverages, wine and cider only from a holder of a license or permit issued by the commission that authorizes sales of malt beverages, wine or cider at wholesale to licensees of the commission.

(7) The holder of a full on-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in securely covered containers provided by the consumer that have capacities of not more than two gallons each.

(8) The holder of a full on-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in factory-sealed containers.

(9)(a) The holder of a full on-premises sales license may deliver malt beverages, wine and cider that are sold for off-premises consumption under the privileges of the license to retail customers in this state without a direct shipper permit issued under ORS § 471.282. Any deliveries by the licensee are subject to any rules adopted by the commission relating to deliveries made under this subsection.

(b) The holder of a full on-premises sales license that uses a third-party delivery facilitator to make deliveries under this subsection is not responsible for ensuring that the deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

(10) On or before the 20th day of each month, the holder of a full on-premises sales license shall submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS § 471.274 during the immediately preceding calendar month, and any other information required by the commission by rule.

(11) A nonprofit private club, including but not limited to a fraternal or veterans organization, may qualify for a full on-premises sales license under this section only if the club meets any minimum membership, nonprofit status and food service requirements established by commission rule.

(12) Beginning January 1, 2017, the commission may annually adjust the price threshold established in subsection (4)(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.

(13) The commission may adopt rules to carry out this section. [1999 c.351 § 2; 2001 c.104 § 213; 2001 c.154 § 1; 2010 c.33 § 2; 2011 c.180 § 1; 2013 c.32 § 1; 2019 c.57 § 27; 2021 c.180 § 7; 2021 c.275 § 3; 2021 c.351 § 51; 2023 c.391 § 2; 2023 c.539 § 8]

 

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