OAR 845-006-0452: Requirements for Distilled Liquor Tastings Provided by Oregon Distillery Licensee

OAR 845-005-0431 sets the qualifications for an Oregon distillery licensee to obtain approval to provide tastings of distilled liquor manufactured by the distillery licensee for consumption on the distillery licensee’s premises and on no more than five other premises owned or leased by the distillery licensee. This rule sets the requirements to provide these tastings. (1) Definitions. (a) “Identified tasting area” means a specific defined area where tastings of alcohol occur. The area must be of a size and design such that the person(s) serving the taste(s) can observe and control persons in the area to ensure no minors or visibly intoxicated persons possess or consume alcohol and that other liquor laws are followed. (b) “Manufactured by the distillery licensee” means the licensee distills, rectifies, blends, or otherwise produces the distilled liquor product in Oregon on the distillery’s licensed premises. (c) “Other premises owned or leased by the distillery licensee” means any other licensed location that is owned or leased by the distillery licensee and separate from its annually licensed location. To qualify under this definition, the distillery licensee must provide proof of ownership or a written contract entitling it to exclusive use and possession of the other location. (d) “Per day” means from 7:00 am until 2:30 am on the succeeding calendar day. (e) “Primary Location” means the location where distilled liquor is manufactured by the distillery licensee. (f) “Trade visitor” means a person whose job includes the purchase or recommended purchase of distilled spirits by a licensee of the Commission or distributors and others in the commercial distribution chain; or a person representing an agency of mass communication, such as television, radio, newspaper, magazine, and internet. (2) Tastings of distilled liquor are allowed only within the identified tasting area or areas approved by the Commission. The identified tasting area or areas may be on the distillery licensee’s primary location and on no more than five other premises owned or leased by the distillery licensee. Customers may not remove the tastings from the identified tasting area or areas. (3) A distillery licensee may provide only tastings as described in this rule. (4) The distilled liquor in a taste must be approved by the Commission for sale in Oregon. The taste must contain distilled liquor manufactured in Oregon by the distillery licensee or another distillery licensee. Once the taste contains distilled liquor manufactured in Oregon by the distillery licensee or another distillery licensee, the taste may contain other distilled liquor approved by the Commission for sale in Oregon and may also include malt beverages, wine, cider, and non-alcoholic liquids. (a) The distillery licensee must pay the Commission a processing fee for any distilled liquor in the taste that is manufactured by the distillery licensee and is obtained from the inventory of the Commission. (b) The distillery licensee must purchase at the retail price set by the Commission any distilled liquor that was not manufactured by the distillery licensee. (5) Tastings provided to the general public. (a) A tasting provided to the general public shall be no more than one-half fluid ounce of distilled liquor in a single container. The container may also contain malt beverage, wine, cider, and nonalcoholic beverages; however, the total amount of liquid in the container may be no more than two ounces. A licensee may charge a member of the general public a fee for tastings. (b) A distillery licensee shall not provide more than two and one-half fluid ounces of distilled liquor per person per day. (6) Tastings provided to a trade visitor. (a) A tasting provided to a trade visitor shall be no more than one fluid ounce of distilled liquor in a single container. The container may also contain malt beverage, wine, cider, and nonalcoholic beverages; however, the total amount of liquid in the container may be no more than three ounces. A licensee may not charge a trade visitor a fee for tastings. (b) There is no daily limit on distilled liquor tastings provided to a trade visitor. (c) Trade visitors must be distinguished from members of the general public. For example, providing tastings for trade visitors in separate areas or at separate times from tastings for the general public, using distinctive glassware for trade visitors, or using badges or name tags to identify trade visitors could be ways a licensee complies with this requirement. (7) Minors are permitted in the identified tasting area only if allowed by the Commission’s rule on minor postings (see OAR 845-006-0340). (8) Alcohol servers who pour tastings must have a valid service permit or a valid temporary service permit; and must be at least 21 years of age. (9) Failing to obtain Commission approval as required by OAR 845-005-0431 prior to providing the service of distilled liquor tastings is a Category I violation. A violation of sections (1)–(8) of this rule is a Category III violation. (10) A violation of a liquor law at any premises owned or leased by the distillery licensee is the responsibility of the distillery licensee.