Or. Admin. Code § 845-015-0175

Current through Register Vol. 63, No. 12, December 1, 2024

Section 845-015-0175 - Advertising by a Retail Sales Agent

(1) The Commission allows advertising by retail sales agents through media and other forms that are not prohibited by statute or rule.

(2) Advertising may not:

(a) Be false, misleading or discriminatory;

(b) Make claims that any government agency endorses or supports the distilled spirits product;

(c) Include materials so appealing to minors that it encourages them to purchase, possess or drink distilled spirits;

(d) Be included in any material that is for the purpose of youth or minor viewership (i.e. school yearbooks)

(e) Use a person appearing to be under 26 years of age displayed drinking distilled spirits;

(f) Use material that encourages the use of distilled spirits because of its intoxicating effect;

(g) Include the words, "OLCC" or "State of Oregon";

(h) Include material that encourages excessive or rapid consumption;

(i) Be purchased or given by a manufacturer, wholesaler, distributor, or a person representing a distillery, or a Full On-Premises licensee on behalf of a retail sales agent, except as otherwise allowed by statute or rule. (See ORS 471.750(4) and OAR 845-015-0177);

(j) Be placed in media that is being purchased by a Full On-Premises licensee or material advertising a Full On-Premises licensee in a liquor store.

(k) Promote a licensee, sweepstake, premium, on-pack or non-tasting distilled spirit events as those terms are defined in OAR 845-015-0177.

(3) To inform the public of distilled spirit access, retail liquor stores must have exterior "Liquor" sign(s) that are highly visible, attractive, easy to read, compatible with the location and that conform to local ordinances.

(a) Retail liquor stores located within another retail business or building may place an exterior sign at the immediate entrance to the retail liquor store.

(b) Exterior signs may be placed off the property that the retail liquor store occupies with written permission from the owner of the property where the sign will be located. Upon request from the Commission, retail sales agents will need to provide evidence of the property owner's permission.

(c) Signs and sign hardware must be maintained, clean, fully functional, undamaged and freshly painted. Signs and hardware that appear worn or faded must be replaced.

(4) All distilled spirit advertising that a retail sales agent uses must conform to this rule. Prior approval of advertising material is not normally required. However, a retail sales agent who fails to comply with this rule may be required to submit future distilled spirit advertising material to the Commission for prior approval to ensure compliance with OLCC rules. The Commission will specify a reasonable period of time during which prior approval is required.

(5) Retail sales agents must remove any sign, display, or advertisement found by the Commission to violate this rule or OAR 845-015-0177, or both rules. The Commission will specify a reasonable time by which the retail sales agent must remove the objectionable advertising.

(6) Retail sales agents may advertise distilled spirits tasting promotions.

(7) Retail sales agents may advertise lottery sales in their retail liquor store advertisements.

Or. Admin. Code § 845-015-0175

OLCC 15-1991, f. 9-30-91, cert. ef. 10-1-91; OLCC 13-1996, f. 9-30-96, cert. ef. 10-7-96; OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0091; OLCC 10-2003, f. 7-22-03, cert. ef. 9-1-03; OLCC 17-2004, f. 12-22-04, cert. ef. 1-1-05; OLCC 11-2008, f. 8-18-08, cert. ef. 9-1-08; OLCC 8-2016, f. 6-28-16, cert. ef. 6/29/2016

Stat. Auth.: ORS 471, 471.030, 471.730(1) & (5) & 471.750

Stats. Implemented: ORS 471.750(2)