(1) The Commission allows advertising by
retail sales agents through media and other forms that are not prohibited by
statute or rule.
(a) Be false, misleading or
(b) Make claims
that any government agency endorses or supports the distilled spirits product;
(c) Include materials so appealing
to minors that it encourages them to purchase, possess or drink distilled
(d) Be included in any
material that is for the purpose of youth or minor viewership (i.e. school
(e) Use a person
appearing to be under 26 years of age displayed drinking distilled spirits;
(f) Use material that encourages
the use of distilled spirits because of its intoxicating effect;
(g) Include the words, "OLCC" or "State of
(h) Include material that
encourages excessive or rapid consumption;
Be purchased or given by a manufacturer,
wholesaler, distributor, or a person representing a distillery, or a Full
On-Premises licensee on behalf of a retail sales agent, except as otherwise
allowed by statute or rule. (See ORS
(j) Be placed
in media that is being purchased by a Full On-Premises licensee or material
advertising a Full On-Premises licensee in a liquor store.
Promote a licensee, sweepstake, premium,
on-pack or non-tasting distilled spirit events as those terms are defined in
To inform the public of distilled spirit access, retail liquor stores must have
exterior "Liquor" sign(s) that are highly visible, attractive, easy to read,
compatible with the location and that conform to local ordinances.
(a) Retail liquor stores located within
another retail business or building may place an exterior sign at the immediate
entrance to the retail liquor store.
(b) Exterior signs may be placed off the
property that the retail liquor store occupies with written permission from the
owner of the property where the sign will be located. Upon request from the
Commission, retail sales agents will need to provide evidence of the property
(c) Signs and
sign hardware must be maintained, clean, fully functional, undamaged and
freshly painted. Signs and hardware that appear worn or faded must be replaced.
(4) All distilled
spirit advertising that a retail sales agent uses must conform to this rule.
Prior approval of advertising material is not normally required. However, a
retail sales agent who fails to comply with this rule may be required to submit
future distilled spirit advertising material to the Commission for prior
approval to ensure compliance with OLCC rules. The Commission will specify a
reasonable period of time during which prior approval is required.
Retail sales agents must remove any sign,
display, or advertisement found by the Commission to violate this rule or OAR
, or both rules. The Commission will specify a reasonable time by
which the retail sales agent must remove the objectionable advertising.
(6) Retail sales agents may
advertise distilled spirits tasting promotions.
(7) Retail sales agents may advertise lottery
sales in their retail liquor store advertisements.
Or. Admin. R.
OLCC 15-1991, f. 9-30-91,
cert. ef. 10-1-91; OLCC 13-1996, f. 9-30-96, cert. ef. 10-7-96; OLCC 2-2003, f.
1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0091; OLCC 10-2003, f.
7-22-03, cert. ef. 9-1-03; OLCC 17-2004, f. 12-22-04, cert. ef. 1-1-05; OLCC
11-2008, f. 8-18-08, cert. ef. 9-1-08;
8-2016, f. 6-28-16, cert. ef.
Stat. Auth.: ORS 471,
& (5) & 471.750
Stats. Implemented: ORS