Or. Admin. R. 845-015-0177 - Advertising in a Retail Liquor Store
(1) Definitions: As used in this rule:
(a) "Sweepstake" means a contest for prizes
not prohibited by law and offered by a manufacturer or a person representing a
distillery.
(b) "Premium" means an
item, offered to promote a product, which a person may order from a
manufacturer or person representing a distillery. Examples of a premium include
t-shirts, watches, and personalized bottle labeling.
(c) "On-pack" means any item approved by the
commission that is attached to or packaged with a distilled spirits
product.
(2) The
Commission allows product signs and displays that:
(a) Comply with this rule, ORS
471.750(4), OAR
845-015-0175(2) and Alcohol and Tobacco Tax and Trade Bureau (TTB)
regulations;
(b) Do not obstruct
another distillery's products;
(c)
Are not placed in a window;
(d)
Advertise or display a manufacturer's, wholesaler's, distributor's, or the
distillery's product in conjunction with the approved items described in OAR
845-015-0143; and
(e) Advertise a
rebate (as allowed by OAR 845-015-0165), sweepstake or offer a premium or an
on-pack for the consumer when the sign or display meets the requirements of
(a), (b), (c) and (d).
(3) If a retail sales agent chooses to allow
signs and displays in the retail liquor store, each manufacturer, wholesaler,
distributor, or distillery must be given a reasonable opportunity to
advertise.
(4) If the total value
of the sign or display in section (3) is $500 or more, then the item can only
be loaned to the retail sales agent, must be clearly marked as the property of
the manufacturer, wholesaler, distributor, or distillery representative, marked
with the date the loan begins, and can only be loaned for a maximum of 90 days
per calendar year. At no time can a loan period exceed more than 90 consecutive
days. The manufacturer, wholesaler, distributor, or distillery representative
can only have one such sign or display at any one time in any one liquor store.
The value of a sign or display is the actual cost to the supplier who initially
purchased it. Transportation and installation costs are excluded.
(5) Nothing in this rule requires a retail
sales agent to order distilled spirits for use in a display, sweepstake or
promotion. Empty case boxes may be used, if necessary.
(6) A retail sales agent may not request,
accept, give away or remove on-packs or sweepstake, or premium items from the
store at any time or otherwise use the items for personal or business gain.
Displays and signs may be removed by the manufacturer, wholesaler, distributor,
or a person representing a distillery. Retail sales agents may dispose of old
and unused displays and signs, but retail sales agents must not use these items
for personal or business gain.
(7)
The Commission provides price tags which retail sales agents shall place in
front of each brand and size of distilled liquor. If a brand is displayed in
more than one area, the retail sales agent must provide tags comparable in
quality and style as the price tags OLCC provides and that they be placed in
front of each brand and size.
(8) A
sweepstake or premium offer must not require the purchase of liquor in order to
receive a prize, merchandise or other thing(s) of value, unless the
manufacturer, wholesaler, distributor, or distillery representative donates the
prize or merchandise to a charitable cause or community non-profit entity. A
sweepstake participant may complete an entry blank at a retail liquor store,
but a person representing a manufacturer, wholesaler, distributor, or
distillery must draw the entry at the end of the promotion and contact the
winner. Any sweepstake or premium must be delivered to the winner at a location
other than a retail liquor store. Retail sales agents, liquor store personnel,
commission staff or their immediate family living in the same household cannot
participate in a sweepstake.
(9)
When an on-pack is offered, the on-pack item must not be removed or sold
separately from the original bottle unless directed by OLCC. Unless an
exception is approved by Commission staff, on-packs of liquor must:
(a) Not exceed two 50 ml per original
bottle;
(b) Not be a size that has
a current listing; and
(c) Be
attached only to original bottles 750 ml in size or larger.
(10) The Commission retains the right to
remove signs and displays the Commission finds objectionable or are
inappropriate for use in a retail liquor store.
Notes
Stat. Auth.: ORS 471, 471.030, 471.730(1) & (5) & 471.750
Stats. Implemented: ORS 471.750(2)
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