(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.

Terms Used In Oregon Statutes 471.186

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commission: means the Oregon Liquor and Cannabis Commission. 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
  • Manufacturer: means every person who produces, brews, ferments, manufactures or blends an alcoholic beverage within this state or who imports or causes to be imported into this state an alcoholic beverage for sale or distribution within the state. See Oregon Statutes 471.001
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Wine: includes fortified wine. See Oregon Statutes 471.001

(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, 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)(a) 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. The holder of an off-premises sales license may use a contractor, an agent or employee of the holder, or may use a delivery person or a third-party delivery facilitator, to make the deliveries described in this subsection. 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.

(b) The holder of an off-premises sales license shall ensure that deliveries under this subsection made by a contractor or an agent or employee of the holder:

(A) Are made only to a person who is at least 21 years of age;

(B) Are made only for personal use and not for the purpose of resale;

(C) Are made in containers that are conspicuously labeled with the words: ‘CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY’ or similar language adopted by the commission by rule; and

(D) Are not completed unless the contractor, agent or employee making the delivery:

(i) Obtains the signature of the recipient of the malt beverages, wine or cider upon delivery;

(ii) Verifies by inspecting government-issued photo identification that the recipient is at least 21 years of age; and

(iii) Determines that the recipient is not visibly intoxicated at the time of delivery.

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

(7) 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.

(8) 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.

(9) The holder of an off-premises sales license may purchase for sale at retail malt beverages, wine and cider only from the 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.

(10) On or before the 20th day of each month, the holder of an offpremises 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) The 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; 2023 c.391 § 5; 2023 c.539 § 10]

 

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