(1) The holder of a temporary sales license may:

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(a) Sell at retail by the drink wine, malt beverages, cider and distilled liquor.

(b) Sell for consumption off the licensed premises wine, malt beverages and cider in factory-sealed containers.

(c) Sell for consumption off the licensed premises wine, malt beverages and cider in securely covered containers supplied by the consumer and having capacities of not more than two gallons each.

(2) Distilled liquor served by the holder of a temporary sales license must be purchased from a retail sales agent of the Oregon Liquor and Cannabis Commission. The holder of a temporary sales license must provide food service as required by commission rule.

(3) A temporary sales license may be issued only to:

(a) Nonprofit or charitable organizations that are registered with the state.

(b) A political committee that has filed a statement of organization under ORS § 260.039 or 260.042.

(c) State agencies.

(d) Local governments, and agencies and departments of local governments.

(e) Persons not otherwise described in this subsection, as long as the applicant submits a plan that is approved by the commission detailing how minors will be prevented from gaining access to alcoholic beverages and how minors will be prevented from gaining access to any portion of the licensed premises prohibited to minors under ORS § 471.430 (3) or any rule adopted by the commission.

(4) The commission may by rule establish additional eligibility requirements for temporary sales licenses.

(5) Subject to such qualifications as the commission may establish by rule, persons who hold a full or limited on-premises sales license are eligible for temporary sales licenses.

(6) A temporary sales license issued to a person described in subsection (3)(a), (c) or (d) of this section authorizes the holder of the temporary sales license to:

(a)(A)(i) Have on a single licensed premises more than one location at which wine, malt beverages or cider is sold at retail by the drink or for consumption off the licensed premises; and

(ii) Have on a single licensed premises more than one location at which wine, malt beverages, cider or distilled liquor is sold at retail by the drink; or

(B) Have up to three separate premises in this state licensed under the temporary sales license at which wine, malt beverages or cider is sold for consumption off the licensed premises; and

(b) Operate for up to 30 days, whether or not the days are consecutive.

(7) The commission may adopt rules to carry out subsection (6) of this section.

(8) A person holding a temporary sales license is not required to obtain an intermittent temporary restaurant, seasonal temporary restaurant, single-event temporary restaurant license or mobile unit license under ORS Chapter 624 if only wine, malt beverages and cider in single-service containers are served and only nonperishable food items that are exempted from licensure by the Oregon Health Authority are served.

(9) Employees and volunteers serving alcoholic beverages for a nonprofit or charitable organization licensed under this section are not required to have service permits or to complete an alcohol server education program and examination under ORS § 471.542. The commission by rule may establish education requirements for servers described in this subsection.

(10) Notwithstanding ORS § 471.392 to 471.400, a temporary sales license may be issued to a nonprofit trade association that has a membership primarily composed of persons that hold winery licenses issued under ORS § 471.223 or grower sales privilege licenses issued under ORS § 471.227.

(11) The holder of a temporary sales license that uses a third-party delivery facilitator to make deliveries on behalf of the holder is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

(12)(a) The holder of a temporary sales license may purchase for sale at retail malt beverages, wine and cider only from the holder of a license or permit issued by the commission that authorizes sales of malt beverages, wine or cider at wholesale to licensees of the commission.

(b) The holder of a temporary sales license that is an entity described in subsection (3)(a) to (d) of this section may accept donations of malt beverages, wine or cider in accordance with rules adopted by the commission.

(13) On or before the 20th day of each month, the holder of a temporary sales license shall submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS § 471.274 during the immediately preceding calendar month, and any other information required by the commission by rule.

(14) The commission may adopt rules to carry out this section. [1999 c.351 § 7; 2001 c.263 § 1; 2007 c.443 § 2; 2009 c.595 § 957; 2011 c.9 § 63; 2011 c.664 § 16; 2013 c.537 § 2; 2021 c.115 § 1; 2021 c.351 § 56; 2023 c.391 § 6; 2023 c.539 § 11]