Oregon Bulletin
June 1, 2011
Rule
Caption: Allow alcohol sales within
Category I – Commercial Service airports to ticketed passengers beginning
at 5:00 a.m.
Adm.
Order No.: OLCC 3-2011
Filed with Sec. of
State: 4-25-2011
Certified to be
Effective: 5-1-11
Notice Publication
Date: 12-1-2010
Rules Amended: 845-006-0425
Subject: This rule sets the hours during which licensees of the
Commission may sell, dispense, serve, allow consumption of, or allow removal of
alcohol. The Commission accepted a petition from David Shurtleff (Coyote Pub
Ranch) at the Redmond Municipal Airport (RDM) requesting to amend this rule by
adding language which would allow both On-Premises and Off-Premises sales
licensees located at RDM to sell and serve alcohol between the hours of 5:00
a.m. and 2:30 a.m. This is an additional two hours in the morning outside of
the currently allowed hours of 7:00 a.m. to 2:30 a.m., but only to ticketed
airline passengers with a valid same-day boarding pass. The rule amendments
differ from the petitioners’ request in that they would expand the hours of
sale for not only RDM, but also for all public use airports designated as Category
I – Commercial Service by the Oregon Department of Aviation (currently
eight airports, including RDM & PDX).
Rules Coordinator: Jennifer Huntsman—(503) 872-5004
845-006-0425
Hours of Sale
(1) Except as provided by sections (2) and (3) of this
rule, and OAR 845-015-0140, alcoholic liquor may be sold, dispensed, served,
consumed on, or removed from licensed premises only between the hours of 7 a.m.
and 2:30 a.m.
(2) Except as provided by section (3) of this rule,
alcoholic liquor may be sold, dispensed, served, consumed on, or removed from a
licensed premises located within any Oregon public use airport designated as a
Category I – Commercial Service Airport by the Oregon Department of
Aviation only between the hours of 5:00 a.m. and 2:30 a.m. However, from 5:00
a.m. to 7:00 a.m. alcoholic liquor may be sold, dispensed, or served only to a
ticketed airline passenger with a valid same-day boarding pass.
(3) Licensees whose license privileges permit the sale
and distribution of malt beverages, cider, and wines for resale may make
deliveries of that alcohol to licensees at any time.
Stat. Auth.: ORS 471, including
471.030, 471.040, 471.730(1) & (5)
Stats. Implemented: ORS 471.030
Hist.: LCC 26, f. 5-12-60; LCC 27,
f. 9-15-60; LCC 28, f. 12-19-60; LCC 29, f. 5-21-64; LCC 30, f. 1-20-66; LCC
50, f. 12-18-74, ef. 1-15-75; LCC 3-1979, f. 1-26-79, ef. 2-1-79; LCC 5-1979,
f. 4-2-79, ef. 4-5-79; Renumbered from 845-010-0005; LCC 7-1981, f. 11-2-81, ef.
1-1-82; LCC 4-1986, f. 3-3-86, ef. 4-1-86; OLCC 14-1987, f. 4-6-87, ef. 5-1-87;
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01, Renumbered from 845-006-0030; OLCC
7-2009, f. 6-22-09, cert. ef. 7-1-09; OLCC 3-2011, f. 4-25-11, cert. ef. 5-1-11
Rule
Caption: Amend two financial assistance
rules updating maximum display bin/rack and exterior sign allowances.
Adm.
Order No.: OLCC 4-2011
Filed with Sec. of
State: 4-25-2011
Certified to be
Effective: 5-1-11
Notice Publication
Date: 2-1-2011
Rules Amended: 845-013-0030, 845-013-0050
Subject: The Oregon Beer & Wine Distributors Association
(OBWDA) submitted a petition requesting to amend two Financial Assistance rules
in Division 13; this division of rules implements our statutes governing
“Tied-House” prohibitions. The petitioner proposed to amend OAR 845-013-0030
(Fixtures, Furniture, Furnishings) which describes the very limited items
(display bins or racks) that a supplier (manufacturer or wholesaler) is allowed
to provide to a retailer. The amendments change the maximum value allowed for
such branded bins & racks from $30 to $100, eliminate the ability to loan
bins or racks worth more than that, and change the allowance of no more than
one bin/rack per retailer at any given time from one per trade name to one per
brand name family. The petitioner also proposed to amend OAR 845-013-0050
(Point of Sale Advertising Materials and Consumer Take-Aways) which describes
the limited conditions under which these items may be provided to a retailer by
a supplier. The one amendment in subsection (3)(g) of this rule changes the
maximum size of exterior point of sale allowed from 630 square inches to 2160
square inches.
Rules Coordinator: Jennifer Huntsman—(503) 872-5004
845-013-0030
Fixtures, Furniture, Furnishings,
ORS 471.398(3)
ORS 471.398(3) prohibits a supplier (manufacturer,
wholesaler, or its agents) from providing any fixtures, furniture or
furnishings to a retailer. A supplier does not violate this prohibition if
he/she provides a display bin or rack for manufacturer-sealed containers of
alcoholic beverages for consumption off the licensed premises, if the following
conditions are met:
(1) The supplier provides no more than one bin or rack
per brand name family per retailer at any given time;
(2) The cost of the display bin or rack may not exceed
$100 (cost is the cost to the supplier who initially purchased or produced the
bin or rack);
(3) The supplier has permanently marked the bin or rack
with a brand name or trade name of the supplier’s alcoholic beverage product;
and
(4) The retailer uses the bin or rack to display only
products from the brand name family or trade name permanently marked on the bin
or rack;
(5) For purposes of this rule, “trade name” means the
operating trade name and associated business names filed by a manufacturer or
wholesaler as part of the Alcohol and Tobacco Tax and Trade Bureau (TTB) basic
permit, i.e. Anheuser-Busch InBev; “brand name family” means all of the
alcoholic beverage products included in a particular product line which are
marketed and labeled with a particular brand name, i.e. Budweiser.
Stat. Auth.: ORS 471, including
471.030, 471.730(1) & (5)
Stats. Implemented: ORS 471.398(3)
Hist.: OLCC 8-1992, f. 8-25-92,
cert. ef. 10-1-92; OLCC 6-2003, f. 4-25-03, cert. ef. 5-1-03; OLCC 4-2011, f.
4-25-11, cert. ef. 5-1-11
845-013-0050
Point of Sale Advertising
Materials and Consumer Take-Aways, ORS 471.398(4)
(1) A supplier (manufacturer, wholesaler, or its
agents), may provide point of sale materials and consumer take-aways to a
retailer provided that the conditions prescribed in section (3) of this rule
are met. Suppliers may provide point of sale material only for display at the
retailer’s premises. No minimum purchase may be required of a retailer in order
to have an item at their premises.
(2) Definitions. For this rule:
(a) Point of sale advertising materials are items
designed to be used at a retail establishment to attract consumer attention to
a supplier’s products. Such materials include window decorations, posters,
placards, trays, coasters, mats, menu cards, meal checks, paper napkins, foam
scrapers, back bar mats, calendars, alcohol beverage lists or menus, display
mirrors, table tents, chalk boards, thermometers, and similar items of like
value. Also allowed are signs (neon, electrical, mechanical, inflatable or
otherwise). Point of sale items do not include fixtures, furniture or
furnishings as prohibited by ORS 471.398(3) and OAR 845-013-0030.
(b) Consumer take-aways are items intended for use by
the retailer’s customers off the premises that provide information to the
retailer’s customers but do not promote the retailer’s business. Only items
made of paper or other similar inexpensive material are allowed to be given to
the retailer and such informational items include recipes, sports and
entertainment event schedules, and informational pamphlets.
(3) Conditions and limitations.
(a) All point of sale advertising materials and
consumer take-aways must bear conspicuous and substantial advertising matter
about the product or the supplier that is permanently inscribed or securely
affixed. The name and address of the retailer may appear on the point of sale
advertising materials only.
(b) The supplier may not directly or indirectly pay or
credit the retailer for using or distributing these items or for any expense
incidental to their use.
(c) The Commission prohibits any advertising that
contains material so appealing to minors that it encourages them to purchase, possess,
or drink alcoholic beverages (OAR 845-007-0020(1)(e)).
(d) Items that predominantly advertise the supplier’s
alcoholic beverage products but also advertise a generic food product are
allowed. This subsection does not prohibit cross-promotions of the supplier’s
alcoholic beverage product with a specific food product or brand when the food
product producer is not a retail licensee; the food product producer pays at
least half the cost of the cross-promotion; and any retailer who receives the
item pays none of the costs. For example, a cheese manufacturer and a wine
manufacturer jointly produce a poster to promote their products. As long as the
cheese manufacturer is not a retail licensee, the cheese manufacturer pays at
least half the costs and the retail licensee pays none of the costs, the
Commission treats the poster as an alcoholic beverage/generic food product
item;
(e) Items that predominantly advertise the supplier’s
alcoholic beverage products but also have generic words or symbols for activities
the supplier wants to associate with his/her alcoholic beverage products are
allowed. Exterior material may, however, have only generic symbols relating to
activities, not words.
(f) Beer, wine and distilled spirits lists. Despite OAR
845-013-0001(3)(b)(A) that limits items of nominal value to the supplier’s
products, the list may include any malt beverage, wine or distilled spirit the
retailer sells. Despite 845-013-0001(3)(d) that prohibits customization, the
supplier may add generic food references to the list. For example, the list may
indicate that a particular alcoholic beverage goes well with chicken but may
not refer to a chicken dish on the retailer’s menu.
(g) Exterior point of sale material given or loaned
under this rule must not exceed 2160 square inches. This means that inflatables
or any point of sale material cannot be displayed in a retailer’s parking lots
or other outside areas if the material exceeds 2160 square inches.
(4) A violation of any section of this rule is a
Category III violation.
Stat. Auth.: ORS 471, including
471.030, 471.730(1) & (5)
Stats. Implemented: ORS 471.398(4)
Hist.: OLCC 8-1987, f. 31-3-87,
ef. 4-1-87; OLCC 7-1992, f. & cert. ef. 7-1-92; Renumbered from
845-010-0124; OLCC 5-2009, f. 4-21-09, cert. ef. 5-1-09; OLCC 4-2011, f.
4-25-11, cert. ef. 5-1-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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