Oregon Statutes 471.274 – Direct to retailer permit
(1) The Oregon Liquor and Cannabis Commission may issue a direct to retailer permit to a manufacturer of malt beverages, wine or cider that:
Terms Used In Oregon Statutes 471.274
- Commission: means the Oregon Liquor and Cannabis Commission. See Oregon Statutes 471.001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Manufacturer: means every person who produces, brews, ferments, manufactures or blends an alcoholic beverage within this state or who imports or causes to be imported into this state an alcoholic beverage for sale or distribution within the state. See Oregon Statutes 471.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
- Wine: includes fortified wine. See Oregon Statutes 471.001
(a) Is a resident of another state or territory of the United States;
(b) Is licensed by the other state or territory to manufacture malt beverages, wine or cider; and
(c) Holds a certificate of approval issued under ORS § 471.244.
(2) The holder of a direct to retailer permit may, in the manner provided by this section, sell at wholesale and transport malt beverages, wine or cider that the holder of the direct to retailer permit produced, fermented, manufactured or blended directly to the commission or the holder of a license issued under ORS § 471.175, 471.178, 471.186, 471.190 or 471.200.
(3) A person may apply for a direct to retailer permit by submitting to the commission, in a form and manner prescribed by the commission:
(a) An application;
(b) A copy of the applicant’s license described in subsection (1)(c) of this section or information sufficient to allow the commission to verify the license by electronic or other means; and
(c) Any other information required by the commission to establish that the applicant’s license authorizes the manufacture of malt beverages, wine or cider and that the applicant has a history of compliance with the laws of the other state or territory.
(4) The holder of a direct to retailer permit is responsible for paying all taxes imposed under ORS Chapter 473 as a manufacturer or importing distributor, and for complying with all reporting requirements imposed by ORS Chapter 473 for all malt beverages, wine and cider sold and transported to a holder of a license issued under ORS § 471.175, 471.178, 471.186, 471.190 or 471.200.
(5) The holder of a direct to retailer permit consents to the jurisdiction of the commission and the courts of this state for the purpose of enforcing the provisions of this chapter and ORS Chapter 473 and ORS § 459A.700 to 459A.744, 474.005 to 474.095 and 474.115 and any related laws or rules.
(6) The holder of a direct to retailer permit shall post a bond or other security as described in ORS § 471.155.
(7) The holder of a direct to retailer permit may not in a calendar year sell at wholesale and transport to the holder of a license issued under ORS § 471.175, 471.178, 471.186, 471.190 or 471.200 a combined total of more than 7,500 barrels of malt beverages described in subsection (2) of this section.
(8) A direct to retail permit must be renewed annually. The holder of a direct to retail permit may apply for renewal by submitting to the commission:
(a) An application in the form and manner prescribed by the commission; and
(b) The fee specified in ORS § 471.311.
(9) The holder of a direct to retailer permit is a:
(a) Manufacturer or wholesaler for the purposes of ORS § 471.392 to 471.400.
(b) Wholesale distributor for the purposes of ORS § 474.005 to 474.095. [2007 c.651 § 2; 2011 c.219 § 1; 2021 c.351 § 67; 2023 c.391 § 10]
[Amended by 1987 c.608 § 10; 1995 c.301 § 18b; repealed by 1999 c.351 § 8]
[Repealed by 1999 c.351 § 11]
(Direct Shipment of Malt Beverages, Wine and Cider to Consumer)