Or. Admin. Code § 845-006-0446 - Promotional Events at a Retailer Licensed Premises Involving Suppliers
(1) Definitions. For the purposes of this
rule:
(a) "Retailer Licensed Premises" means a
premises licensed with a full on-premises sales issued under ORS 471.175,
limited on-premises sales issued under ORS 471.178, or brewery-public house
licensed issued under ORS 471.200.
(b) "Supplier" means a Winery, Grower Sales
Privilege, Brewery, Brewery-Public House, Warehouse, and Distillery licensee.
It also means an Oregon Certificate of Approval (CERA) holder and an Oregon
Certificate of Approval Distillery (CERD) but only for the product for which it
holds the certificate. Further, a supplier does not mean an Oregon Wholesale
Malt Beverage and Wine licensee; however, a Wholesale Malt Beverage and Wine
licensee may represent a CERA holder.
(c) "Promotional Event" means an event
sponsored by a retailer at a retailer licensed premises where the retailer
accepts assistance as per section (3) of this rule from one or more suppliers.
Examples include winemaker dinners, food and alcohol pairings, and product
releases.
(2) Retail
Licensee Responsibilities. The retail licensee is responsible for:
(a) All sale and service of alcohol at the
event.
(b) Ensuring that a supplier
who serves alcoholic beverages at the event has a valid Oregon service
permit.
(c) Ensuring that the
supplier does not compensate the retailer or any employee or agent of the
retailer to participate in any event as described in this section.
(d) Ensuring that the supplier does not
donate alcohol or sell alcohol at a discount to the retail licensee and the
retail licensee does not accept donated alcohol or discounted alcohol from a
supplier (the retail licensee must obtain the alcohol from a retail sales agent
of the Commission or a supplier authorized to sell alcohol directly to retail
licensees of the Commission).
(e)
Meeting all applicable food service requirements.
(3) Supplier Assistance. OAR 845-013-0001 to
845-013-0110 apply to these events; however, at these events a supplier may
provide to a retailer and a retailer may accept from a supplier:
(a) Education to patrons and staff.
(b) Staff or agents of the supplier to serve
alcoholic beverages for the products it represents provided the server has a
valid Oregon service permit.
(4) Record Keeping. The retail licensee must
keep a record of each event it sponsors, including the date and location of
each event, the products served, and the names of suppliers. Records of events
must be retained for at least one year from the date of the event.
(5) Advertising. The retailer may advertise
these events. The supplier may advertise these events as allowed in OAR
845-013-0040.
(6) Number of
Promotional Events. A supplier may be in each retail premises no more than 12
days per calendar year for the purpose of a promotional event.
(7) This rule does not apply to items or
services a supplier provides under OAR 845-013-0090 to a nonprofit or
governmental temporary sales licensee as described in OAR
845-013-0090(4)(a).
(8) Violation
of sections (2) through (4) of this rule are Category III violations.
Notes
Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.398 & 471.400
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