Or. Admin. Code § 845-013-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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.

Or. Admin. Code § 845-013-0020

OLCC 8-1987, f. 3-13-87, ef. 4-1-87; OLCC 20-1990, f. 9-28-90, cert. ef. 10-1-90; OLCC 7-1992, f. & cert. ef. 7-1-92; Renumbered from 845-010-0123; OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01; 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 471.398(2) & 471.400(3)(a)