Or. Admin. Code § 845-006-0399

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

Section 845-006-0399 - Sale of Mixed Drinks and Single Servings of Wine by Full On-Premises Sales Licensees for Off-Premises Consumption and Delivery to a Final Consumer

(1) Definitions. For the purposes of this rule:

(a) "Manufacturer-sealed container" means a container holding an alcoholic beverage that was sealed upon removal from federal bond.

(b) "Mixed drink" means a beverage that is combined on a licensed premises and sold in a sealed container for consumption off of the licensed premises and is:

(A) A drink where the principal alcoholic liquor is distilled liquor and one or more mixers, and contains no more than three ounces of distilled liquor; or

(B) A drink where the principal alcoholic liquor is wine combined with one or more mixers or distilled liquor that contains no more than six ounces of liquid.

(c) "Mixer" means malt beverages, wine, cider, or nonalcoholic ingredients.

(d) "Sealed container" means a container with a secure cap or lid that completely covers the opening for the container and a seal designed to make it evident when the seal has been removed or broken. The seal is affixed to the container by the licensee after the container is filled pursuant to a consumer order for the mixed drink.

(e) "Serving of wine" means a container holding six ounces or less of wine with no mixer and no distilled liquor.

(2) A Full On-Premises Sales licensee may sell or provide for off-premises consumption and delivery to a final consumer no more than: two containers of a mixed drink, two servings of wine, or one mixed drink and one serving of wine per meal as defined in OAR 845-006-0459.

(3) A Full On-Premises Sales licensee that sells mixed drinks or servings of wine to a final consumer for off-premises consumption and delivery must prominently post a notice provided by the Commission relating to Oregon's open container laws. The notice must be prominently displayed on the premises and be presented in whatever manner is necessary to ensure that the consumer purchasing, or a delivery person transporting, such beverages is given notice of this warning. Violation of this section is a Category IV violation.

(4) Mixed drinks and servings of wine may be delivered, or caused to be delivered, to a a final consumer by a Full On-Premises Sales licensee only as follows:

(a) To a final consumer who is at least 21 years of age and only if the mixed drink or serving of wine is for personal use and not for the purpose of resale;

(b) To a final consumer who is not visibly intoxicated at the time of receiving the mixed drink or serving of wine;

(c) The mixed drink or serving of wine is in a container or packaging that is conspicuously labeled with the words "Contains alcohol: deliver only to a person age 21 years or older." This message may be directly on the container, on the packaging, or accompanying the container. Examples that meet this labeling requirement include but are not limited to a card, adhesive label or notice, or other medium approved by the Commission.

(d) Pursuant to an order for a mixed drink or serving of wine that is received by the licensee and paid for by the final consumer prior to removal from the licensed premises for delivery to the final consumer;

(e) The mixed drink or serving of wine is delivered between the hours of 7:00 am and 10:00 pm; and

(f) To a delivery address or to a location, as long as the location is within 100 feet of the boundary of the eligible business.

(5) To deliver mixed drinks and servings of wine directly to a final consumer, a Full On Premises Sales licensee, in addition to complying with all other requirements of this rule, must use:

(a) A third-party delivery facilitator permittee; or

(b) An individual who is an employee or agent under the direct control of the licensee.

(6) When a licensee uses an individual who is an employee or agent under its direct control to deliver mixed drinks and servings of wine directly to a final consumer, the licensee is responsible for:

(a) Using an individual who is at least 18 years of age and has a valid driver license or other state-issued identification;

(b) Using an individual who has a valid Commission-issued service permit or has completed a training program within the last five years that includes training on at least:

(A) Forms of identification required by ORS 471.130 and Commission rule and methods for identifying, inspecting, accepting or rejecting identification

(B) Signs of visible intoxication and methods for recognizing these signs and for refusing to deliver alcoholic beverages to a final consumer; and

(C) Rules adopted by the Commission relating to the delivery of alcoholic beverages to a final consumer.

(c) Collecting information that must be retained by the eligible business for a minimum of two years from the date of delivery of the mixed drink or serving of wine to the final consumer. The information retained must include:

(A) The date and time the mixed drinks and servings of wine were delivered to the final consumer;

(B) The amount of mixed drinks and servings of wine contained in each delivery to the final consumer;

(C) The name, or information that can be used to determine the name, of the individual delivering the mixed drinks and servings of wine to the final consumer; and

(D) The name and delivery address of the final consumer receiving the mixed drinks and servings of wine.

(7) A Full On-Premises Sales licensee who does not receive orders and payment for mixed drinks and servings of wine directly from a final consumer may receive orders and payment for mixed drinks and servings of wine only through a third-party delivery facilitator permittee.

(8) A Full On-Premises Sales licensee may not sell manufacturer-sealed containers of distilled liquor of any size. Violation of this subsection is a Category I violation.

(9) This rule does not apply to sales of manufacturer-sealed containers or securely covered containers of malt beverages, wine, or cider for off-premises consumption.

(10) Unless otherwise specified, violation of this rule is a Category III violation

(11) A Full On-Premises Sales licensee may deliver, or cause the delivery of, mixed drinks and servings of wine only to a final consumer and only as allowed by Commission rule. When a Full On-Premises Sales licensee uses a third-party delivery facilitator permittee to deliver mixed drinks and servings of wine on behalf of the Full On-Premises Sales licensee, and after the eligible business has transferred the mixed drinks and servings of wine to the physical possession of the third-party delivery facilitator permittee, or any delivery person used by the third-party delivery facilitator permittee, the Full On-Premises Sales licensee is not responsible for any failure of the third-party delivery facilitator permittee, or any delivery person used by the third-party delivery facilitator permittee, to follow regulations or rules specific to third-party delivery facilitator permittees.

Or. Admin. Code § 845-006-0399

OLCC 25-2020, temporary adopt filed 12/23/2020, effective 12/24/2020 through 06/21/2021; OLCC 5-2021, adopt filed 06/18/2021, effective 6/22/2021; OLCC 203-2022, amend filed 12/19/2022, effective 2/1/2023; OLCC 9-2023, temporary amend filed 12/18/2023, effective 1/2/2024 through 6/28/2024; OLCC 7-2024, amend filed 06/21/2024, effective 6/28/2024

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

Statutes/Other Implemented: ORS 471.175, 471.176 & 471.534