OAR 845-015-0101: Definitions

As used in OAR chapter 845, division 015: (1) "Commission" includes the 7 member body of Commissioners appointed by the Governor, the administrator (executive director) and agency staff. Any of the actions or decisions specified in this division may be delegated to the administrator (executive director) as provided in ORS 471.040(2). (2) "Disabled Retail Sales Agent" is one who has a physical or mental impairment that has continued more than one year or is permanent that prevents a retail sales agent from properly performing contractual duties. The Commission determines retail sales agent disability after reviewing medical reports from the retail sales agent's physician. The Commission may require additional medical information from a Commission-selected physician. (3) "Full On-Premises Sales Licensee" means any person or entity holding a Full On-Premises Sales license. (4) "Retail Liquor Store" is a premises or a specific area in a premises the Commission approves for the sale of packaged distilled spirits for off-premises consumption, other than an Oregon licensed distillery or portion of such a distillery which has been approved for the sale of packaged distilled spirits manufactured by the distillery. (5) "Retail Sales Agent" or "Agent" is an individual person or legal entity appointed by the Commission who enters into a retail sales agent agreement to sell packaged distilled spirits on behalf of the Commission in a retail liquor store. When a retail sales agent is a legal entity, the following persons shall also be considered a retail sales agent: (a) Each individual person who owns 10% or more of the entity; such as stock, membership, or other investment; and (b) Each individual person who has been designated by the entity to exercise control over, or be entitled to exercise control over, the entity; such as directors, officers, managing members, and general partners. (6) "Retail Sales Agent Agreement" is a written contract between the Commission and a retail sales agent that specifies the terms, conditions, and obligations between both parties. (7) "Temporary Retail Sales Agent" or “Temporary Agent” is an individual person or legal entity selected by the Commission to temporarily operate a retail liquor store.