Or. Admin. Code § 845-005-0417

Current through Register Vol. 63, No. 12, December 1, 2024

Section 845-005-0417 - Qualifications for Direct Shipper Permit

(1) A Direct Shipper Permit allows the delivery of only the type of alcohol allowed by the license that authorizes the person to hold a Direct Shipper Permit. Only the following persons may qualify for a Direct Shipper Permit:

(a) A person holding a temporary sales license issued under ORS 471.190, brewery-public house license issued under ORS 471.200, a brewery license issued under ORS 471.221, a winery license issued under ORS 471.223, or a grower sales privilege license issued under 471.227.

(b) A person holding a license issued by another state within the United States that authorizes the manufacture of malt beverages, wine, or cider.

(c) A person holding a license issued by another state within the United States that authorizes the sale of wine or cider produced only from grapes or other fruit grown under the control of the licensee.

(d) A person holding a license issued by another state within the United States that authorizes the sale of malt beverages, wine, or cider at retail for consumption off the licensed premises.

(2) Application for a Direct Shipper Permit.

(a) A person who applies for a temporary sales license issued under ORS 471.190, brewery-public house license issued under ORS 471.200, a brewery license issued under ORS 471.221, a winery license issued under ORS 471.223, or a grower sales privilege license issued under 471.227 also applies for a Direct Shipper Permit.

(b) A person described under subsections (1)(b)-(d) of this rule must make application to the Commission and receive a Direct Shipper Permit from the Commission before shipping any malt beverages, wine, or cider directly to a resident of Oregon. Applicants must submit a complete, legible, timely, and accurate application to the Commission that contains all materials, forms, documents, information, and fees required by the Commission. The Commission will not accept an incomplete, illegible, untimely, or inaccurate application or an application that doesn't contain all required materials, forms, documents, information, or fees. The Commission shall give applicants the opportunity to request a review if the Commission does not accept an application it determines is incomplete. A review under this subsection is not subject to the requirements for contested case proceedings of ORS chapter 183.

(3) After accepting an application, the Commission may:

(a) Require additional materials, forms, documents, information, or fees from the applicant or other persons when the Commission determines that the materials, forms, documents, information, or fees are required by law or rule or may help the Commission determine the merits of an application or to otherwise perform its statutory duties;

(b) Inactivate an application when the Commission determines that the applicant failed to provide to the Commission all required materials, forms, documents, information, and fees in a manner that are complete, accurate, legible, and timely. The Commission shall give applicants the opportunity to request a review if the Commission inactivates an application. A review under this subsection is not subject to the requirements for contested case proceedings of ORS chapter 183.

(4) The Commission may revoke or refuse to issue or renew a Direct Shipper Permit if the permit holder or applicant fails to qualify for the permit under this rule or a refusal basis applies under ORS Chapter 471 or any other rule of the Commission and intervening circumstances do not overcome the refusal basis.

(5) A Direct Shipper Permit must be renewed annually.

(a) If the person holds the permit based on a license issued by another state, the permit may be renewed by applying in writing using the forms provided by the Commission and submitting the required fee. The Commission may require additional forms, documents, or information as part of the application.

(b) 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.

(6) Delivery. Permit-holders may deliver malt beverages, wine, and cider to a resident of Oregon only as allowed by OAR 845-006-0392 and 845-006-0396.

Or. Admin. Code § 845-005-0417

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 5-2015(Temp), f. 12-22-15, cert. ef. 1-1-16 thru 6-28-16; OLCC 7-2016, f. 6-28-16, cert. ef. 6/29/2016; OLCC 9-2020, temporary amend filed 04/17/2020, effective 04/17/2020 through 10/13/2020; OLCC 21-2020, amend filed 10/12/2020, effective 10/14/2020; OLCC 7-2021, temporary amend filed 07/15/2021, effective 7/16/2021through 12/31/2021; OLCC 22-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 8-2023, amend filed 12/18/2023, effective 1/2/2024

Statutory/Other Authority: ORS 471.030, 471.040, 471.186 & 471.730 (1) & (5)

Statutes/Other Implemented: ORS 471.155, 471.186, 471.282, 471.305 & 2021 OL Ch. 180