(1) Notwithstanding any other provision of this chapter, a person may sell and ship wine or cider directly to a resident of Oregon only if the person holds a direct shipper permit. The Oregon Liquor Control Commission shall issue a direct shipper permit only to:
(a) A person that holds a license issued by this state or another state that authorizes the manufacture of wine or cider;
(b) A person that holds a license issued by this state or another state that authorizes the sale of wine or cider produced only from grapes or other fruit grown under the control of the person;
(c) A person that holds a license authorizing the sale of wine or cider at retail; or
(d) A nonprofit trade association that holds a temporary sales license under ORS 471.190 and that has a membership primarily composed of persons holding winery licenses issued under ORS 471.223 or grower sales privilege licenses issued under ORS 471.227.
(2) A person may apply for a direct shipper permit by filing an application with the commission. The application must be made in such form as may be prescribed by the commission. The person must include in the application the number of the license issued to the person by the commission, or a true copy of the license issued to the person by another state. If the application is based on a license issued by another state, or the application is by a nonprofit trade association described in subsection (1)(d) of this section, the person or association must pay a $50 registration fee and maintain a bond or other security described in ORS 471.155 in the minimum amount of $1,000.
(3) Sales and shipments under a direct shipper permit:
(a) May be made only to a person who is at least 21 years of age;
(b) May be made only for personal use and not for the purpose of resale; and
(c) May not exceed two cases, containing not more than nine liters per case, to any resident per month.
(4) Sales and shipments under a direct shipper permit must be made directly to a resident of this state in containers that are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”
(5) A person holding a direct shipper permit must take all actions necessary to ensure that a carrier used by the permit holder does not deliver any wine or cider unless the carrier:
(a) Obtains the signature of the recipient of the wine or cider upon delivery;
(b) Verifies by inspecting government-issued photo identification that the recipient is at least 21 years of age; and
(c) Determines that the recipient is not visibly intoxicated at the time of delivery.
(6)(a) A person holding a direct shipper permit must report to the commission all shipments of wine or cider made to Oregon residents under the permit as required by ORS chapter 473. The report must be made in a form prescribed by the commission.
(b) A person holding a direct shipper permit must allow the commission to audit the permit holder’s records upon request and shall make those records available to the commission in this state.
(c) A person holding a direct shipper permit consents to the jurisdiction of the commission and the courts of this state for the purpose of enforcing the provisions of this section and any related laws or rules.
(7)(a) A person holding a direct shipper permit must timely pay to the commission all taxes imposed under ORS chapter 473 on wine and cider sold and shipped under the permit. For the purpose of the privilege tax imposed under ORS chapter 473, all wine or cider sold and shipped pursuant to a direct shipper permit is sold in this state.
(b) A person holding a direct shipper permit based on a license issued by another state must timely pay to the commission all taxes imposed under ORS chapter 473 on all wine or cider sold and shipped directly to Oregon residents under the permit. The permit holder, not the purchaser, is responsible for the tax.
(8) A direct shipper permit must be renewed annually. If the person holds the permit based on an annual license issued by another state, the permit may be renewed by paying a $50 renewal fee and providing the commission with a true copy of a current license issued to the person by the other state. If the person holds the permit based on an annual license issued by this state, the permit may be renewed at the same time that the license is renewed.
(9) The commission may refuse to issue or may suspend or revoke a direct shipper permit if the permit holder fails to comply with the provisions of this section. A person may sell and ship wine or cider under a direct shipper permit only for as long as the person has the license issued by this state or another state that authorizes the person to hold a direct shipper permit.
(10) Any person who knowingly or negligently delivers wine or cider under the provisions of this section to a person under 21 years of age, or who knowingly or negligently delivers wine or cider under the provisions of this section to a visibly intoxicated person, violates ORS 471.410.
(11) A person may not make sales and shipments of wine or cider directly to Oregon residents unless the person holds a direct shipper permit issued under this section. Any person who knowingly makes, participates in, transports, imports or receives a shipment of wine or cider that is in violation of this section commits a misdemeanor as provided in ORS 471.990 (1). [Formerly 471.229]
Section: Previous 471.265 471.267 471.270 471.272 471.274 471.275 471.280 471.282 471.285 471.287 471.289 471.290 471.292 471.294 471.295 NextLast modified: August 7, 2008