OAR 845-015-0142: Remote Distiller Shipments to a Retail Sales Agent

(1) A Distillery licensee who is located at least 75 miles driving distance from the OLCC warehouse at 9079 SE McLoughlin Blvd, Portland Oregon may, upon prior authorization of the Commission and agreement from a retail sales agent, ship distilled spirits to a Retail Sales Agent appointed pursuant to ORS 471.750. (2) The Commission may, in its discretion, authorize a Distillery licensee to ship distilled alcohol directly to a Retail Sales Agent if: (a) The Retail Sales Agent is within a 50 mile radius of the distillery licensee’s primary production facility; (b) The Distillery licensee currently ships between 1-25 cases per month of distilled liquor to the Commission. For purposes of this rule, the number of bottles in a case is determined by the distillery’s current quote on file with the Commission; (c) The Distillery licensee applies to the Commission at least 48 hours before shipment; and (d) The Distillery licensee completes any additional forms, documents, or information that the Commission requires as part of this process. (3) A Distillery licensee that receives approval from the Commission to ship directly to a Retail Sales Agent must: (a) Only ship products listed by the Commission; (b) Only ship products that are imported, manufactured, distilled, rectified, blended or denatured by the Distillery licensee; (c) Not ship a Manufacturer Only status product. For the purposes of this rule, Manufacture Only status is for products only sold at the distillery retail outlet; (d) Only ship full cases of product; (e) Provide Commission staff with a bill of lading prior to the shipment of any distilled spirits; and (f) Not make more than four shipments in a month. (4) Deliveries must be shipped between the 3rd and the 24th day of each month. (5) The Commission may refuse to authorize or process any shipment if a Distillery licensee makes a false statement to the Commission or fails to comply with this rule. (6) Violations. (a) Any violation of this rule may be charged as an administrative violation to the Distillery licensee. (b) Acceptance of a noncompliant shipment by a retail sales agent is a violation of the Retail Sales Agent Agreement.