OAR 845-005-0424: Guidelines for Approval of a For-Hire Carrier’s Plan for Shipment of Malt Beverages, Wine, Cider or Distilled Spirits

The Commission will evaluate and may approve a for-hire carrier’s plan to ship malt beverages, wine, cider or distilled spirits to a resident of Oregon. (1) Shipping to a resident of Oregon. In order to ship malt beverages, wine, cider or distilled spirits to a resident of Oregon, a for-hire carrier must make application to the Commission upon forms to be furnished by the Commission and receive approval from the Commission before shipping any malt beverages, wine, cider or distilled spirits to a resident of Oregon. The application shall include: (a) Certification that the for-hire carrier meets the criteria pursuant to OAR 845-005-0416(2)(b); and (b) The for-hire carrier’s plan for ensuring that: (A) Only persons age 18 or over will be used to ship the alcohol to the resident; (B) The person used to ship the alcohol will verify by inspecting government-issued photo identification that the person receiving the alcohol is at least 21 years of age; (C) The person used to ship the alcohol will determine that the person receiving the alcohol is not visibly intoxicated; (D) Shipments of alcohol will be completed in accordance with the hours and allowable shipment locations in OAR 845-006-0392 and OAR 845-006-0396; (E) Any package containing alcohol is conspicuously labeled with the words “Contains alcohol: signature of person age 21 years or older required for delivery” or similar language approved by the Commission; and (F) Information is collected that must be retained by the for-hire carrier for a minimum of eighteen months from the date of shipping the alcohol. The information may be collected and retained electronically (if the carrier so chooses) and must include: (i) The date and time the alcohol was shipped to the resident; (ii) The name or information which can be used to determine the name of the person shipping the alcohol to the resident; and (iii) The name, signature, and shipping address of the person receiving the alcohol. (iv) The tradename and licensed or permitted address of the licensee or permittee that sold the alcohol for shipment to the resident. (2) A for-hire carrier: (a) Must allow the Commission to audit the carrier’s records which are directly related to alcohol shipments in Oregon upon request and shall make those records available to the Commission in Oregon. The for-hire carrier must make these records available to the Commission no later than 14 days after the Commission sends the notice to the carrier; and (b) Consents to the jurisdiction of the Commission and the courts of this state for the purpose of enforcing the provisions of this rule and any related laws or rules. (3) The Commission may suspend, revoke, or refuse its approval of a for-hire carrier’s plan if the for-hire carrier fails to follow the plan approved by the Commission or comply with the provisions of this rule. A suspension, revocation, or refusal under this subsection is not subject to the requirements for contested case proceedings under ORS Chapter 183.