Credit": ORS 471.398(2)
prohibits a manufacturer or wholesaler from providing money or credit to a
retailer. A manufacturer or wholesaler may, however:
Give credit or cash, with the
Commission's prior written approval, for malt beverage or wine that a retailer
(A) When the retailer terminates the
business or seasonal license;
When the retailer temporarily stops operating due to unforeseen circumstances
like fire, flood or other natural disasters;
(C) When the retailer temporarily stops
operating for more than 29 days; or
(D) After holding a Temporary Sales license
event except for Full On-Premises Sales licenses.
Give credit for wine or malt beverages
that the retailer cannot exchange as allowed in OAR 845-013-0070
(3)(e) because the manufacturer or wholesaler has no saleable product
available. However, the manufacturer or wholesaler must:
(A) Apply the credit to the retailers next
(B) Get the Commissions
prior written approval if the credit is for more than one case; and
(C) Limit the amount of the credit to the
retailers original purchase price for the product.
(2) "Non-Alcoholic Product Credit
Sales": ORS 471.400(3)(a)
allows a manufacturer or wholesaler licensee to sell non-alcoholic products in
the manner in which non-licensee manufacturers and wholesalers sell them. With
regard to credit, the Commission has determined that the usual industry
practice allows credit sales with full payment within 45 days of delivery.
Therefore, a manufacturer or wholesaler may sell non-alcoholic products on
credit. The retailer must, however, pay for these credit purchases in full
within 45 days of the delivery date. If the retailer does not, both the
manufacturer or wholesaler and the retailer have violated ORS
The manufacturer or wholesaler has not given financial assistance under this
section if he/she gives the Commission written notification by no later than
the 37th day that the retailer has not paid for the product. He/she will also
send the retailer a copy of the notice.
(3) "Discounts": ORS
prohibit a manufacturer or wholesaler from giving discounts to a retailer. The
manufacturer or wholesaler and the retailer have violated these prohibitions if
the manufacturer or wholesaler contracts with the retailer for delivery of
alcoholic beverages more than ten days in the future.
Despite section (3) of this rule: A
manufacturer or wholesaler may sell existing vintage-dated wines for future
delivery by written contract prior to winery release if the manufacturer or
(a) Offers this opportunity to
all their retail license customers at the same general time subject to
(b) Keeps a copy of
(c) Keeps a record of
the offering that includes the names of the retail licensees who were given the
opportunity to participate in the offering and an explanation of the method
used to make the offering.
Or. Admin. R.
OLCC 8-1987, f. 3-13-87,
ef. 4-1-87; OLCC 20-1990, f. 9-28-90, cert. ef. 10-1-90; OLCC 7-1992, f. &
cert. ef. 7-1-92; Renumbered from 845-010-0123; OLCC 19-2000, f. 12-6-00, cert.
Stat. Auth.: ORS Chapter 471, including
Stats. Implemented: ORS