OAR 845-005-0425: Qualifications for Direct to Retailer Permit

(1) In order to qualify for a Direct to Retailer Permit, a person must: (a) Be a resident of another state or territory of the United States; (b) Hold a valid license issued by the other state or territory of the United States that authorizes the manufacture of malt beverages, wine or cider; (c) Hold a valid standard Certificate of Approval issued under ORS 471.244; and (d) Hold a bond or other security, as described in ORS 471.155, in the minimum amount of $1,000. (2) Application. A person must make an application to the Commission and receive a Direct to Retailer Permit from the Commission before shipping any malt beverages, wine or cider directly to retail licensees of the Commission. The application shall include: all materials, forms, documents, information, and fees required by the Commission and be complete, accurate, legible, and timely. The Commission will not accept an incomplete, inaccurate, illegible, or untimely application if it doesn’t contain all required materials, forms, documents, information, and 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 to Retailer 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.