(1) Notwithstanding any other provision of this chapter and except as provided by ORS § 471.175, 471.178 and 471.186, a person may sell and ship malt beverages, wine or cider directly to a resident of Oregon only if the person holds a direct shipper permit. The Oregon Liquor and Cannabis Commission shall issue a direct shipper permit only to:

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(a) A person that holds a license issued by this state or another state or territory of the United States that authorizes the manufacture of malt beverages, wine or cider;

(b) A person that holds a license issued by this state or another state or territory of the United States that authorizes the sale of wine or cider produced only from grapes or other fruit grown under the control of the person;

(c) A person that holds a license authorizing the sale of malt beverages, wine or cider at retail; or

(d) A person that holds a temporary sales license under ORS § 471.190, if the shipments of malt beverages, wine or cider made by the person are delivered only during the term of validity of the temporary sales license.

(2)(a) A person may apply for a direct shipper permit by filing an application with the commission in a form and manner prescribed by the commission.

(b) If the application is based on a license issued by another state or territory of the United States, the person shall include in the application a true copy of the license issued to the person by the other state or include sufficient information to allow verification of the license by electronic means or other means acceptable to the commission.

(c) If the application is based on a license issued by another state or territory of the United States, or the application is by a person described in subsection (1)(d) of this section, the person shall pay a $100 registration fee and maintain a bond or other security described in ORS § 471.155 in the minimum amount of $1,000.

(3)(a) Sales and shipments of malt beverages, wine or cider under a direct shipper permit:

(A) May be made only to a person who is at least 21 years of age;

(B) May be made only for personal use and not for the purpose of resale; and

(C) May not exceed:

(i) Two cases of cider or malt beverages that contain not more than nine liters per case to any resident per month; or

(ii) Five cases of wine that contain not more than nine liters per case to any resident per month.

(b) Only an individual who is at least 21 years of age may receive malt beverages, wine or cider from the holder of a direct shipper permit, for the purposes and in the amount described in paragraph (a) of this subsection.

(4) Sales and shipments under a direct shipper permit must be made directly to a resident of this state in containers that are conspicuously labeled with the words: ‘CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY’ or similar language adopted by the commission by rule.

(5) The holder of a direct shipper permit shall take all actions necessary to ensure that a carrier used by the permit holder does not deliver any malt beverages, wine or cider unless the carrier:

(a) Obtains the signature of the recipient of the malt beverages, wine or cider upon delivery;

(b) Verifies by inspecting government-issued photo identification that the recipient is at least 21 years of age; and

(c) Determines that the recipient is not visibly intoxicated at the time of delivery.

(6) The holder of a direct shipper permit that uses a third-party delivery facilitator to make deliveries on behalf of the permit holder is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

(7)(a) The holder of a direct shipper permit shall report to the commission on a quarterly basis all shipments of malt beverages, wine or cider made to Oregon residents under the permit. The report must be made in a form prescribed by the commission.

(b) The holder of a direct shipper permit shall allow the commission to audit the permit holder’s records upon request and shall make those records available to the commission in this state.

(c) The holder of a direct shipper permit consents to the jurisdiction of the commission and the courts of this state for the purpose of enforcing the provisions of this section and any related laws or rules.

(8)(a) The holder of a direct shipper permit shall comply with all relevant reporting requirements and timely pay to the commission all taxes imposed under ORS Chapter 473 on malt beverages, wine and cider sold and shipped under the permit. For the purpose of the privilege tax imposed under ORS Chapter 473, all malt beverages, wine or cider sold and shipped pursuant to a direct shipper permit is sold in this state.

(b) The holder of a direct shipper permit based on a license issued by another state or territory of the United States shall timely pay to the commission all taxes imposed under ORS Chapter 473 on all malt beverages, wine or cider sold and shipped directly to Oregon residents under the permit. The permit holder, not the purchaser, is responsible for the tax.

(9)(a) A direct shipper permit must be renewed annually.

(b) If the person holds the permit based on an annual license issued by another state or territory of the United States, the person may renew the permit by paying a $100 renewal fee and providing the commission with a true copy of a current license issued to the person by the other state or with sufficient information to allow verification of the license by electronic means or other means acceptable to the commission.

(c) If the person holds the permit based on an annual license issued by this state, the person may renew the permit at the same time that the person renews the license.

(10) Any person who knowingly or negligently delivers malt beverages, wine or cider under the provisions of this section to a person under 21 years of age, or who knowingly or negligently delivers malt beverages, wine or cider under the provisions of this section to a visibly intoxicated person, violates ORS § 471.410.

(11) A person may not make sales and shipments of malt beverages, wine or cider directly to Oregon residents unless the person holds a direct shipper permit issued under this section. Any person who knowingly makes, participates in, transports, imports or receives a shipment of malt beverages, wine or cider that is in violation of this section commits a misdemeanor as provided in ORS § 471.990 (1).

(12) The holder of a direct shipper permit that is based on a license issued by another state or territory of the United States is a manufacturer or wholesaler for the purposes of ORS § 471.392 to 471.400. [Formerly 471.229; 2008 c.34 § 2; 2011 c.219 § 2; 2013 c.32 § 8; 2015 c.673 § 5; 2019 c.420 § 1; 2021 c.78 § 1; 2021 c.180 § 11; 2021 c.351 § 68; 2023 c.391 § 11; 2023 c.539 § 16]

[Amended by 1955 c.657 § 4; 1957 c.221 § 1; 1989 c.178 § 2; 1997 c.249 § 170; repealed by 1999 c.351 § 11]

[1955 c.657 § 8; 1957 c.221 § 2; 1975 c.470 § 1; 1983 c.228 § 1; 1987 c.511 § 2; 1989 c.178 § 3; 1995 c.301 § 86; 1997 c.79 § 1; repealed by 1999 c.351 § 11]

[1955 c.657 § 6; 1957 c.111 § 1; 1973 c.131 § 1; 1979 c.264 § 6; 1995 c.103 § 1; 1999 c.351 § 68; renumbered 471.244 in 2007]

[Amended by 1955 c.657 § 9; 1957 c.111 § 2; 1965 c.280 § 3; 1967 c.28 § 1; 1967 c.448 § 1; 1971 c.470 § 1; 1973

c.313 § 1; 1973 c.395 § 5; 1975 c.494 § 3; 1979 c.264 § 7; 1981 c.598 § 1; 1985 c.360 § 1; 1985 c.591 § 2; 1985 c.628 § 3; 1985 c.649 § 2; 1989 c.178 § 4; 1989 c.553 § 2; 1989 c.740 § 3; 1995 c.58 § 3; 1995 c.103 § 2; 1995 c.301 § 57; 1995 c.363 § 3; 1997 c.249 § 171; 1997 c.284 § 3; 1999 c.351 § 18; renumbered 471.311 in 1999]

LICENSING PROCEDURES

(Generally)