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Sample Tasting Application For Off-Premises Sales License - Oregon
| Sample Tasting Application For Off-Premises Sales License Form. This is a Oregon form and can be used in Liquor Control Commission Statewide . |
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OREGON LIQUOR CONTROL COMMISSION SAMPLE TASTING APPLICATION FOR OFF-PREMISES SALES LICENSE Please Print or Type Applicant Name:_________________________________________ Phone: _________________ Trade Name (dba):_________________________________________________________________ Business Location Address:__________________________________________________________ City: __________________________________________________ ZIP Code: ________________ I am applying for tasting privileges for my Off-premises sales license. I will provide sample tastings of (check all that apply): q Wine (maximum 1.5 oz per sample) q Cider (maximum 3.0 oz per sample) q Malt Beverages (maximum 3.0 oz per sample) Sample tastings will be poured and monitored by (check all that apply): q The licensee(s) named on license application q Persons holding valid Alcohol Service Permit I understand that all tastings, whether provided by the licensee(s) named above or by another licensee, must conform with the requirements of OAR 845-006-0450 (see back of this form). I will provide tastings only in the following described areas, and understand that customers cannot leave this area with a sample taste of alcohol: (describe area, including boundaries, or attach an 8½ " x 11" floor plan drawing that clearly identifies the area and boundaries). ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ I understand if my answers are not true and complete, the OLCC may deny this application. Applicant Signature: ______________________________________ Date: ________________ q Denied OLCC USE ONLY: Application q Approved by: _____________ Date: _________ 9079 SE McLoughlin Blvd. Portland, OR 97222-7355 (503) 872-5070 www.olcc.state.or.us PO Box 22297 Milwaukie, OR 97269-2297 (rev. 01/01) American LegalNet, Inc. www.FormsWorkflow.com OAR 845-006-0450 Retail On-Premises Malt Beverage or Wine Sampling: Operating Requirements and Limits The Commission allows certain other Oregon licensees to conduct or participate in malt beverage or wine sample tasting on Full On-Premises Sales, Limited On-Premises Sales, and Off-Premises Sales licensed premises as specified in OAR 845-005-0427, subject to the requirements and limits identified in this rule. (1) Sample Sizes. The size of each sample must not exceed one and a half ounces for wine and three ounces for malt beverages. (2) Identified Tasting Area. Any Off-Premises Sales retailer who conducts tastings or who allows manufacturers to conduct tastings on the retail premises must identify a specific tasting area or areas. The area/s must be of a size and design such that the person/s conducting the tasting can observe and control persons in the area to ensure no minors or visibly intoxicated persons possess or consume alcohol. Customers must remain in the tasting area or areas until they have finished consuming the sample. The retailer must keep on file at the premises a floor plan identifying the tasting area/s. If a retailer does not have an identified tasting area or areas, the Commission may require prior approval of an area or areas before the retailer conducts any more tastings or allows any more manufacturer-conducted tastings on the premises. (3) Number of In-Store Tastings. (a) A manufacturer may be in each retail premises no more than eight times per calendar year for the purpose of tastings, including both manufacturer-conducted tastings and retail-conducted tastings where the manufacturer assists. (b) There is no limit on the number of tastings a retailer may conduct, but the retailer must not allow a manufacturer on the retailer's premises more than eight times per calendar year for the purpose of tastings. (4) Manufacturer-Conducted Tastings. A manufacturer may hold tastings on consecutive days in one premises, but the tastings must not exceed two consecutive days. Tastings must be conducted at least four weeks apart. If a manufacturer holds tastings on two consecutive days, they must not hold another tasting on that retail premises for at least four weeks. (5) Server Requirements. Alcohol servers must have service permits. (6) Record Keeping. The manufacturer or wholesaler must keep a record of each tasting they conduct, including the date and location of each event, the products served, and the names of the servers. (7) Manufacturer-conducted sample tastings: Oregon law allows Oregon Winery, Grower Sales Privilege, Brewery, Brewery-Public House and Warehouse licensees and Oregon Certificate of Approval holders, for the product for which they hold their certificate, to conduct tastings if they: (a) Provide the product to be tasted, and remove any remaining product at the end of the tasting; (b) Provide or pay for a person to serve the wine or malt beverages. The server must be the manufacturer's employee or agent. The manufacturer may not compensate any employee or agent of the retail licensee to participate in the tasting; and (c) Do not advertise the tasting. The retailer may advertise the tasting only inside the licensed premises. (8) Retailer-Conducted Tastings. Retailers with Full On-Premises Sales, Limited On-Premises Sales and Off-Premises Sales licenses may conduct tastings on their licensed premises and may: (a) Accept assistance from manufacturers, wholesalers and warehouse licensees, and from certificate of approval holders if: (A) The only assistance provided is an employee to assist. "Assist" includes pouring if the person meets the requirements in subsection (5); (B) The retailer pays for the wine or malt beverages; and (C) The retailer is responsible for any advertising. (b) Sponsor an unlimited number of tastings if there is no manufacturer, wholesaler, warehouse or certificate holder involved. The retailer may advertise these events. (9) Prohibitions. Off-Premises Sales licensees at locations where petroleum products are sold shall not conduct or allow sample tasting on the licensed premises or otherwise at the licensed location. (10) The requirements of sections (1) through (9) of this rule apply to dispenser licenses issued under former ORS Chapter 472 and to Package Store, Restaurant and Retail Malt Beverage licenses issued under ORS Chapter 471. This section expires October 1, 2001. American
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