Or. Admin. Code § 845-013-0020 - Money, Credit, Discounts; ORS 471.398(2) and 471.400(3)(a)
(1) "Money,
Credit": ORS 471.398(2)
prohibits a manufacturer or wholesaler from providing money or credit to a
retailer.
(2) For the purposes of
this rule, "retailer" means a:
(a) Full
on-premises sales license issued pursuant to ORS
471.175, including events held
by the licensee pursuant to OAR
845-005-0405 and
845-005-0410
(b) Limited on-premises sales license issued
pursuant to ORS 471.178, including events held
by the licensee pursuant to OAR
845-005-0405 and
845-005-0410;
(c) Off-premises sales license issued
pursuant to ORS 471.186; and
(d) Temporary sales license issued pursuant
to ORS 471.190.
(3) Despite section (1) of this rule, a
manufacturer or wholesaler may, but is not required to:
(a) Give credit or cash, with the
Commission's prior written approval, for malt beverage, wine, or cider that a
retailer returns:
(A) When the retailer is a
full on-premises, limited on-premises, or off-premises sales license and
permanently terminates all activity at the premises that would require a liquor
license. Examples of activities that must be permanently terminated include,
but are not limited to, the sale, service, and storage of alcoholic beverages
at the premises.
(B) When the
retailer temporarily stops all retail sales of alcoholic beverages at a
premises due to an order issued by the Governor or a natural disaster. Examples
of a natural disaster include but are not limited to fire, flood, and
earthquake.
(C) When the retailer
temporarily stops operating for more than 29 days.
(D) After holding an event with a temporary
sales license issued pursuant to ORS
471.190, except for an event
with a temporary sales license held by a full on-premises sales, limited
on-premises sales, off-premises sales, or brewery-public house license;
or
(E) When the retailer is a full
on-premises sales or limited on-premises sales licensee, after holding an event
with a temporary use of an annual license issued pursuant to OAR
845-005-0410 and for the event
the licensee has a written contract with a client to provide alcoholic
beverages for sale at retail and the client is a:
(i) Nonprofit or charitable organization
registered in this state
(ii) State
agency, local government, or agency or department of a local government;
or
(iii) District pursuant to ORS
198.010.
(b) Give credit for wine, cider,
or malt beverages that the retailer cannot exchange as allowed in OAR
845-013-0070(3)(d) and
(3)(e) because the manufacturer or wholesaler
has no saleable product available. However, the manufacturer or wholesaler
must:
(A) Apply the credit to the retailer's
next purchase;
(B) Limit the amount
of the credit to the retailers original purchase price for the
product.
(4)
"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
471.400(3)(a).
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.
(5) Price Lists. The manufacturer or
wholesaler must follow OAR
845-010-0210.
(6) Despite section (5) 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
wholesaler:
(a) Offers this opportunity to all
their retail license customers at the same general time subject to
availability;
(b) Keeps a copy of
the contract;
(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.
Notes
Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5)
Statutes/Other Implemented: ORS 471.398(2) & 471.400(3)(a)
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