Or. Admin. Code § 845-006-0400

Current through Register Vol. 63, No. 10, October 1, 2024

Section 845-006-0400 - Requirements for Direct to Retailer Permit

(1) The holder of a Direct to Retailer permit may sell at wholesale and transport directly to the holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190, or 471.200 and only to an address where the licensee holds an annual or special license issued by the Commission:

(a) Wine or cider that the holder of the permit produced, fermented, manufactured, or blended

(b) A brand of malt beverages that the holder of the permit produced, fermented, manufactured, or blended provided the brand of malt beverages is not covered under a wholesale distribution agreement pursuant to ORS chapter 474.

(2) The holder of a Direct to Retailer permit may not in a calendar year sell at wholesale and transport directly to the holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190, or 471.200 a combined total of more than 7,500 barrels (232,500 gallons) of malt beverages.

(3) The holder of a Direct to Retailer permit:

(a) Is responsible for paying all taxes imposed under ORS chapter 473 as a manufacturer or importing distributor, and for complying with all reporting requirements imposed by ORS chapter 473, for all malt beverages, wine, and cider sold and transported directly to the holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190, or 471.200

(b) Consents to the jurisdiction of the Commission and the courts of this state for the purpose of enforcing the provisions of ORS chapters 471, 473, 459A.700 to 459A.744, 474.005 to 474.095, and 474.115 and any related laws or rules; and

(c) Must allow the Commission to audit the permit holder's records upon request and shall make those records available to the Commission in Oregon no later than 60 days after the Commission sends the notice.

Or. Admin. Code § 845-006-0400

OLCC 23-2007(Temp), f. 12-14-07, cert. ef. 1-1-08 thru 6-28-08; OLCC 8-2008, f. 6-12-08, cert. ef. 6-29-08; OLCC 8-2023, amend filed 12/18/2023, effective 1/2/2024

Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5)

Statutes/Other Implemented: ORS 471.272 & 471.274