Or. Admin. Code § 845-006-0450

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

Section 845-006-0450 - Retail On-Premises Malt Beverage, Wine, or Cider Tastings Involving Suppliers

The Commission allows certain other Oregon licensees to conduct or participate in malt beverage, cider, or wine sample tasting on Full On-Premises Sales, Limited On-Premises Sales, and Off-Premises Sales licensed premises as specified in OAR 845-005-0427, subject to the requirements and limits identified in this rule.

(1) Sample Sizes. The size of each sample must not exceed one and a half ounces for wine or cider and three ounces for malt beverages.

(2) Identified Tasting Area.

(a) Any Off-Premises Sales retailer who conducts tastings or who allows manufacturers to conduct tastings on the retail premises must identify a specific tasting area or areas.

(b) The area/s must be of a size and design such that the person(s) conducting the tasting can observe and control persons in the area to ensure no minors or visibly intoxicated persons possess or consume alcohol.

(c) Customers must remain in the tasting area or areas until they have finished consuming the sample.

(d) The retailer must keep on file at the premises a floor plan identifying the tasting area(s).

(e) If a retailer does not have an identified tasting area or areas, the Commission may require prior approval of an area or areas before the retailer conducts any more tastings or allows any more manufacturer-conducted tastings on the premises.

(3) Number of In-Store Tastings.

(a) A manufacturer may be in each retail premises no more than 12 days per calendar year for the purpose of tastings.

(b) There is no limit on the number of tastings a retailer may conduct, but the retailer must not allow a manufacturer on the retailer's premises more than 12 days per calendar year for the purpose of tastings.

(4) Server Requirements. Alcohol servers must have a valid Oregon service permit.

(5) Record Keeping. The manufacturer or wholesaler must keep a record of each tasting they conduct, including the date and location of each event, the products served and the names of the servers.

(6) Manufacturer-Conducted Sample Tastings: Oregon law allows Oregon Winery, Grower Sales Privilege, Brewery, Brewery-Public House and Warehouse licensees and Oregon Certificate of Approval holders, for the product for which they hold the certificate, to conduct tastings:

(a) These license holders must provide the product to be tasted, and remove any remaining product at the end of the tasting;

(b) These license holders must provide or pay for a person to serve the wine, cider, or malt beverages. The server must be the manufacturer's employee or agent. The manufacturer may not compensate any employee or agent of the retail licensee to participate in the tasting;

(c) The retailer may advertise these events. These license holders may advertise these events as allowed in OAR 845-013-0040;

(d) An Oregon Wholesale Malt Beverage and Wine licensee may conduct tastings under this section only if representing a Certificate of Approval holder.

(7) Retailer-Conducted Tastings. Retailers with Full On-Premises Sales, Limited On-Premises Sales and Off-Premises Sales licenses may conduct tastings on their licensed premises only as follows:

(a) The retail licensee must provide the product to be tasted.

(b) The retail licensee must provide the person to serve the wine, cider, or malt beverage. The server must be the retail licensee's employee or agent and may not be an employee or agent of an Oregon Winery, Grower Sales Privilege, Brewery, Brewery-Public House, Warehouse, Wholesale Malt Beverage and Wine licensee or an Oregon Certificate of Approval holder.

(c) The retail licensee may not accept any financial assistance from an Oregon Winery, Grower Sales Privilege, Brewery, Brewery-Public House, Warehouse, Wholesale Malt Beverage and Wine licensee or an Oregon Certificate of Approval holder.

(d) The retailer may advertise the tasting.

(e) The retailer may hold an unlimited number of retailer-conducted tastings.

Or. Admin. Code § 845-006-0450

OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01; OLCC 15-2002, f. 12-19-02, cert. ef. 1-1-03; OLCC 7-2003(Temp), f. & cert. ef. 5-20-03 thur 11-16-03; OLCC 12-2003, f. 9-23-03, cert. ef. 11-1-03; OLCC 4-2016, f. 3-24-16, cert. ef. 4/1/2016

Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1) & (5)

Stats. Implemented: ORS 471.398 & 471.402