OAR 845-013-0100: Wholesale-Retail Relations; Sale at Both Wholesale and Retail

(1) Except as provided in ORS 471.396, 471.394(1) prohibits licensees from selling or engaging in the business of selling alcoholic beverages both at wholesale and retail. A licensee, and its employees and agents, may engage in the business of selling alcoholic beverages both at wholesale and retail to the extent that retail sales are authorized by the statutes establishing the privileges of each license. For purposes of this statute, the direct consumer sales that 471.235 allows a wholesale malt beverage and wine licensee to make are wholesale sales. (2) As used in ORS 471.394(1): (a) "Licensee" includes retailers, wholesalers, and manufacturers of any alcoholic beverages and their managers, officers and directors; (b) "Licensee" also includes retailers', wholesalers', and manufacturers' agents and employees who sell or engage in the business of selling alcoholic beverages. (3) Despite the prohibition contained in ORS 471.394(1): (a) A manufacturer or wholesaler licensee as defined in ORS 471.392(1) and a brewery-public house licensee as defined in ORS 471.200 may employ an employee or agent of a retail licensee as defined in ORS 471.392(2) to sell alcoholic beverages at both wholesale and retail. (b) A retail licensee as defined in ORS 471.392(2) may employ an employee or agent of a manufacturer or wholesaler licensee as defined in ORS 471.392(1) or a brewery-public house licensee as defined in ORS 471.200 to sell alcoholic beverages at retail provided the retail licensee does not sell or offer for sale any alcoholic beverages sold, distributed, or produced by the manufacturer, wholesaler, or brewery-public house licensee. (c) A brewery-public house licensee as defined in ORS 471.200 may employ an employee or agent of another brewery-public house licensee provided each brewery-public house licensee that employs the same employee or agent does not sell or offer for sale the other’s alcoholic beverages. (4) Violation of this section is a Category IV violation.