Or. Admin. Code § 845-005-0416

Current through Register Vol. 63, No. 10, October 1, 2024

Section 845-005-0416 - Delivery of Alcoholic Beverages to Individuals - Definitions

As used in OAR 845-005-0416 through 845-005-0424 and 845-009-0200:

(1) The terms 'deliver,' 'delivery address,' delivery person,' 'eligible business,' final consumer,' and 'third-party delivery facilitator' have the meaning given those terms in ORS 471.521 s presently drafted or as may be amended in the future.

(2) Pursuant to ORS 471.521(6), a 'for-hire carrier' is an individual, person, or company who meets the below criteria. As such, they are not 'delivery persons' or 'third party delivery facilitators' and are not subject to the delivery person or third-party delivery facilitator requirements in Oregon law or in these rules. A 'for-hire carrier' is an individual, person, or company who:

(a) Is retained or used by a licensee to deliver or ship alcoholic beverages directly from a licensee, retail sales agent, distillery retail outlet agent or permit holder to a resident of Oregon or to a licensee of the Commission without the involvement of a third-party delivery facilitator or a delivery person; and

(b) Is a motor carrier as defined in 49 U.S.C. 13102, a freight forwarder as defined in 49 U.S.C. 13102 or an air carrier as defined in 49 U.S.C. 40102.

(3) For the purposes of describing actions taken by 'for-hire carriers,' these rules use the terms "ship" and "deliver" interchangeably to mean "to cause the transport of malt beverages, wine, cider, or distilled spirits from a licensee, retail sales agent, distillery retail outlet agent or permit holder to a resident of Oregon or to a licensee of the Commission."

(4) "Month" means a calendar month.

(5) "Resident of Oregon" means an individual residing in Oregon, even if only temporarily.

(6) Notwithstanding section (1) above, a "third-party delivery facilitator" is not a motor carrier as defined in 49 U.S.C. 13102, a freight forwarder as defined in 49 U.S.C. 13102, or an air carrier as defined in 49 U.S.C. 40102.

Or. Admin. Code § 845-005-0416

OLCC 23-2007(Temp), f. 12-14-07, cert. ef. 1-1-08 thru 6-28-08; OLCC 6-2008(Temp), f. & cert. ef. 4-18-08 thru 6-28-08; OLCC 8-2008, f. 6-12-08, cert. ef. 6-29-08; OLCC 7-2021, temporary amend filed 07/15/2021, effective 7/16/2021 through 12/31/2021; OLCC 22-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 9-2023, temporary amend filed 12/18/2023, effective 1/2/2024 through 6/28/2024; OLCC 7-2024, amend filed 06/21/2024, effective 6/28/2024

Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5)

Statutes/Other Implemented: ORS 471.282, 471.521 & 2021 OL Ch. 180