Loading
The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON LIQUOR CONTROL COMMISSION

 

DIVISION 7

ADVERTISING

845-007-0005

Purpose and Application of Rules

(1) The Commission serves the interests of the citizens of Oregon by regulating alcoholic beverage advertising for these purposes:

(a) To minimize health or safety problems caused by the misuse of alcoholic beverages;

(b) To encourage moderation in the use of alcoholic beverages;

(c) To discourage the appeal of alcoholic beverages to minors;

(d) To ensure accurate presentation of the product;

(e) To ensure compliance with all laws relating to alcoholic beverages.

(2) The Commission also serves the interests of Oregonians by allowing competitive advertising for the purpose of informing the public of the availability and characteristics of alcoholic beverages.

(3) All alcoholic beverage advertising any licensee uses must conform to these rules. Prior approval of advertising material is not normally required. The Commission may, however, require a licensee who fails to comply with these rules to submit all advertising material for prior approval for a reasonable period specified by the Commission.

Stat. Auth.: ORS 471 & 472, 471.030, 471.730(1), 471.730(5), 472.030, 472.060(1) & 472.060(2)(d)
Stats. Implemented: ORS 471.730(7)
Hist.: LCC 56, f. 10-20-76, ef. 12-1-76; Renumbered from 845-010-0081; LCC 7-1985, f. 7-30-85, ef. 9-1-85; OLCC 16-1989, f. 12-14-89, cert. ef. 1-1-90

845-007-0010

Definitions

As used in OAR 845-007-0005 through 845-007-0035:

(1) "Advertising" is publicizing the trade name of a licensee together with words or symbols referring to alcoholic beverages or publicizing the brand name of an alcoholic beverage.

(2) "Alcoholic Beverage" contains more than one-half of one percent alcohol by volume and is intended for human consumption.

(3) "Coupon" or “rebate coupon” means any coupon, ticket, certificate token or any other material that a person may use to obtain a price reduction or rebate in connection with alcoholic beverages. This definition applies whether the coupon requires a purchase or not.

(4) "Handbill" is a flyer, leaflet, or sheet that advertises alcoholic beverages.

(5) "Point of sale" item is a display, sign, or other material that advertises alcoholic beverages at a licensed premises.

Stat. Auth.: ORS 471, 471.030, 471.730(1) & (5)
Stats. Implemented: ORS 471.730(7)
Hist.: LCC 56, f. 10-20-76, ef. 12-1-76; Renumbered from 845-010-0086; LCC 7-1985, f. 7-30-85, ef. 9-1-85; OLCC 16-1989, f. 12-14-89, cert. ef. 1-1-90; OLCC 9-2010, f. 8-23-10, cert. ef. 9-1-10

845-007-0015

Advertising Media, Coupons

(1) The Commission prohibits advertising through:

(a) Handbills that are posted or passed out in public areas such as parking lots and publicly owned property; and

(b) Point of sale items on premises where the advertised product is not sold.

(2) The Commission may prohibit advertising through additional media consistent with the objectives in OAR 845-007-0005.

(3) The Commission allows manufacturers to give consumer rebates coupons on malt beverages, wine and cider. Progressive-type coupons which provide a larger rebate when progressively more alcohol is purchased are permitted. An example of this would be a rebate that offers $5 for the purchase of one six-pack/bottle but $12 for two. All advertising associated with rebate coupons must comply with applicable state and federal law and regulations. The manufacturer must furnish rebate coupons to all licensees carrying the product for off-premises consumption. The manufacturer is responsible for the redemption of rebate coupons. No retail licensee may receive any money or similar benefit from a manufacturer for the redemption of any coupons. All rebate coupons offered by manufacturers in the State of Oregon must meet the following requirements:

(a) Coupons must be redeemable only by mail, except that a manufacturer may offer instantly redeemable coupons for products sold to consumers under the manufacturer’s retail privileges at the manufacturer’s licensed premises;

(b) Coupons must bear an expiration date;

(c) Manufacturers must require proof of purchase;

(d) Coupons must be valid only for adults of legal drinking age.

(4) The Commission may require withdrawal of the rebate coupon if the manufacturer does not comply with the conditions of the rebate coupon or Commission rules.

(5) The Commission allows manufacturers to offer cross promotional rebate coupons that provide a discount or rebate on food, non-alcoholic beverages or non-food items with or without the purchase of an alcoholic beverage product (for example, $1.00 off tortilla chips with the purchase of a six-pack of Corona beer). Such coupons may be offered for generic or branded products (for example, hot dogs or Armour hot dogs) but may not be limited to exclusive store brands or products. All manufacturer issued cross promotional coupons must comply with the requirements in section (3) of this rule.

(6) The Commission allows retailers to issue coupons on alcoholic beverages provided that the retailer bears all costs associated with the redemption of the coupon and receives no payment from any manufacturer. Examples of retailer issued coupons could include rain checks issued by a retailer that allow a customer to get the advertised price of an alcoholic beverage product when a product is temporarily out of stock, coupons or certificates that provide a discount on meals including alcohol to be consumed at a licensed premises, coupons that provide a discount on any products the retailer sells such as 10% off of a bill of $50 or more, and customer loyalty programs such as club cards or frequent customer discount cards. Retailer issued coupons may be instantly redeemable or mail-in. The retail licensee must pay for all discounts on alcoholic beverages provided under retailer issued coupons.

(7) Use of coupons must conform with the principles of OAR 845-013-0001. A licensee who violates any section of this rule commits a Category IV violation under the Commission’s sanction schedule (OAR 845-006-0500).

Stat. Auth.: ORS 471, 471.030, 471.730(1) & (5)
Stats. Implemented: ORS 471.730(7)
Hist.: LCC 56, f. 10-20-76, ef. 12-1-76; LCC 7-1979, f. 4-2-79, ef. 4-5-79; Renumbered from 845-010-0091; LCC 7-1985, f. 7-30-85, ef. 9-1-85; OLCC 6-1998, f. 5-21-98, cert. ef. 6-1-98; OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03; OLCC 2-2004, f. 2-17-04, cert. ef. 6-1-04; OLCC 15-2006, f. 10-19-06, cert. ef. 11-1-06; OLCC 26-2007, f. 12-17-07, cert. ef. 1-1-08; OLCC 9-2010, f. 8-23-10, cert. ef. 9-1-10

845-007-0020

Restrictions

(1) The Commission prohibits advertising if it contains:

(a) False or misleading information;

(b) Claims that the alcoholic beverage has curative or therapeutic effects;

(c) Claims that any government agency endorses or supports the alcoholic beverage;

(d) The requirement of purchasing an alcoholic beverage in order to receive a prize or merchandise unless the manufacturer or wholesaler donates the prize or merchandise to a charitable cause or community non-profit entity;

(e) Material so appealing to minors that it encourages them to purchase, possess, or drink alcoholic beverages;

(f) A person displayed drinking an alcoholic beverage; 

(g) Material that encourages the use of an alcoholic beverage because of its intoxicating effect;

(h) Statements or illustrations that an alcoholic beverage causes athletic or artistic success;

(i) Material that encourages excessive or rapid consumption.

(2) The Commission prohibits any advertising of the promotional practices that are prohibited under OAR 845-006-0345(10).

(3) Outside the licensed premises, the Commission prohibits advertising of an alcoholic beverage for on-premises consumption if that advertising contains both a specified limited time period when a price or discount is available and either the price of the alcoholic beverage, or a specified dollar amount or percentage discount on the alcoholic beverage. Examples of specified limited time periods could include terms that reference a time of day such as “night” or “hour”, a day of the week such as “Thursdays”, a specific date such as “St. Patrick’s Day”, or similar terms.

(a) Examples of advertising that is prohibited under this section include: $2.00 draft beer on Fridays, $4.50 well drinks 4:00–6:00 p.m., $1.00 off draft beer on Thursdays, half price gin and tonics 6:00–9:00 p.m., or ladies night margaritas $4.00.

(b) Advertising the regular price of an alcoholic beverage outside the licensed premises, such as on a menu in the window or on a website, is allowed as long as there is no mention of a specified limited time period for those prices. Advertising that uses terms such as “happy hour” is also allowed as long as there is no mention of an alcoholic beverage’s price or discount.

(4) Outside the licensed premises, the Commission prohibits advertising of an alcoholic beverage for on-premises consumption where the expressed or implied meaning is that a customer, in order to receive a reduced price, would be required to purchase more than one drink at a time, such as “two for the price of one”, “buy one — get one free”, or “two for $_____”.

(5) Advertising is considered “outside the licensed premises” if the advertising is visible or audible from the outside, including advertising on a website or on a telephone answering machine recording. Responding via email or telephone to a question from a member of the public is not considered advertising and thus is allowed.

(6) The Commission prohibits advertising that violates OAR 845-015-0130 (Advertising a retail liquor store).

(7) The Commission prohibits manufacturers and wholesalers from giving retailers point-of-sale items and advertising that the financial assistance laws prohibit (ORS 471.398 and 471.400 and OAR 845-013-0050).

Stat. Auth.: ORS 471, 471.030 & 471.730(1) & (5)
Stats. Implemented: ORS 471.730(7)
Hist.: LCC 56, f. 10-20-76, ef. 12-1-76; Renumbered from 845-010-0096; LCC 7-1985, f. 7-30-85, ef. 9-1-85; OLCC 16-1989, f. 12-14-89, cert. ef. 1-1-90; OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03; OLCC 4-2010, f. 4-19-10, cert. ef. 5-1-10

845-007-0035

Removal of Objectionable and Non-Conforming Advertising

(1) Licensees and retail sales agents must remove any sign, display, or advertisement if the Commission finds it violates these rules.

(2) The Commission will specify a reasonable time period in which to remove the objectionable advertisements.

Stat. Auth.: ORS 471 & 472, including ORS 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d)
Stats. Implemented: ORS 471.730(7)
Hist.: LCC 56, f. 10-20-76, ef. 12-1-76; Renumbered from 845-010-0111; LCC 7-1985, f. 7-30-85, ef. 9-1-85; OLCC 10-2003, f. 7-22-03, cert. ef. 9-1-03

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​