Or. Admin. R. 845-015-0155 - Distilled Spirit Tasting in a Retail Liquor Store

(1) The Commission allows sponsors to conduct distilled spirits tastings in retail liquor stores at the sole discretion of the retail sales agent for the purpose of promoting the sponsor's products. For purposes of this rule, "sponsors" are: Oregon Distillery licensees, out-of-state manufacturers of distilled spirits, importers of distilled spirits, distillery representatives, and the employees or agents of Distillery licensees, out-of-state manufacturers, importers, and distillery representatives. Tastings are subject to the requirements and limits described in this rule.

(2) Tasting Sizes, Number of Samples per Participant. The size of each distilled spirits tasting shall be no more than one-quarter fluid ounce of distilled spirits in a single container. The container may also contain nonalcoholic beverages; however, the total amount of liquid in the container may be no more than two ounces. A sponsor may not provide more than one-half ounce total of distilled spirits per participant per day.

(3) The distilled spirits product(s) provided for tastings must be available for sale at the retail liquor store where and when the tasting occurs.

(4) Identified Tasting Area. Retail sales agents who allow tastings at their retail liquor store must identify a specific tasting area. The area must be of a size and design such that the person(s) conducting the tasting can observe and control persons in the area to ensure no minors or visibly intoxicated persons possess or consume alcohol. Customers must remain in the tasting area until they have finished consuming the sample(s). The retail sales agent must identify the tasting area, and keep a current floor plan on file.

(5) Duration of Tastings Allowed. Tastings are limited to a maximum of three consecutive hours per sponsor per retail liquor store per day. Only one sponsor at a time may conduct sample tastings in a retail liquor store.

(6) Server Requirements. Alcohol servers must have valid Oregon service permits.

(7) Record Keeping. The sponsor must keep a record of each tasting they conduct, including the date and location of each event, the products served, and the names of the servers. The sponsor must retain records of tastings for one year.

(8) Sponsor responsibilities. Sponsors must:

(a) Provide the distilled spirits product to be tasted, and remove any remaining product at the end of the tasting;

(b) Provide or pay for a person to serve the distilled spirits being tasted. The server must be a sponsor or an employee or agent of the sponsor;

(c) Not compensate the retail sales agent, or any employee or agent of the retail sales agent to participate in the tasting.

(9) Retail Sales Agent Responsibilities. Retail sales agents are responsible for liquor law violations occurring in the retail liquor store which are not related to tastings.

(10) Violations Associated with the Tasting. In the case of a liquor law violation associated with tasting (for example, service of a sample to a minor or a visibly intoxicated person), both the server and the sponsor may be held responsible for violations of Oregon liquor laws which occur due to or during the tasting. Violations which occur due to a sponsor or server violating the law will not be charged to the retail sales agent.

Notes

Or. Admin. R. 845-015-0155

LCC 27-1986, f. 11-20-86, ef. 1-1-87; OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0095; OLCC 9-2004, f. 6-29-04 cert. ef. 7-1-04; OLCC 5-2011, f. 8-15-11, cert. ef. 9-1-11; OLCC 8-2016, f. 6-28-16, cert. ef. 6/29/2016; OLCC 22-2021, amend filed 12/30/2021, effective 1/1/2022

Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5)

Statutes/Other Implemented: ORS 471.750, 2021 OL Ch. 186, 2021 OL Ch. 620 & 2021 OL Ch. 180