ORS § 471.178

Current through 2024 Regular Session legislation
Section 471.178 - Limited on-premises sales license; rules
(1) The holder of a limited on-premises sales license may sell by the drink at retail wine, malt beverages and cider. Except as provided in this section, all alcoholic beverages sold under a limited on-premises sales license must be consumed on the licensed premises.
(2) The holder of a limited on-premises sales license may sell malt beverages, wine and cider in factory-sealed containers for consumption off the licensed premises.
(3) The holder of a limited on-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in securely covered containers provided by the consumer and that have capacities of not more than two gallons each.
(4)
(a) The holder of a limited on-premises sales license may deliver malt beverages, wine and cider that are sold for off-premises consumption under the privileges of the license to retail customers in this state without a direct shipper permit issued under ORS 471.282. Any deliveries by the holder of a limited on-premises sales license are subject to any rules adopted by the commission relating to deliveries made under this subsection.
(b) The holder of a limited on-premises sales license that uses a third-party delivery facilitator to make deliveries under this subsection is not responsible for ensuring that the deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.
(5) The holder of a limited on-premises sales license shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the wine is served in conjunction with the patron's meal, the patron is not a minor and the patron is not visibly intoxicated.
(6) The holder of a limited on-premises sales license may purchase for sale at retail malt beverages, wine and cider only from the holder of a license or permit issued by the commission that authorizes sales of malt beverages, wine or cider at wholesale to licensees of the commission.
(7) On or before the 20th day of each month, the holder of a limited on-premises sales license shall submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS 471.274 during the immediately preceding calendar month, and any other information required by the commission by rule.
(8) An applicant for a limited on-premises sale license that intends to offer alcoholic beverages for consumption on the licensed premises shall at the time of application apply for a service permit under ORS 471.375.
(9) The commission may adopt rules to carry out this section.

ORS 471.178

Amended by 2024 Ch. 40,§ 2, eff. 3/27/2024.
Amended by 2023 Ch. 539,§ 9, eff. 9/24/2023, op. 1/1/2024.
Amended by 2023 Ch. 391, § 3, eff. 9/24/2023, op. 1/1/2024.
Amended by 2021 Ch. 180, § 8, eff. 6/8/2021.
Amended by 2013 Ch. 32, § 2, eff. 4/11/2013.
1999 c.351 §3; 2001 c.154 §2