Oregon > Statewide > Liquor Control Commission
Wine Shipper License - Application And Agreement - Oregon
| Wine Shipper License - Application And Agreement Form. This is a Oregon form and can be used in Liquor Control Commission Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
OREGON LIQUOR CONTROL COMMISSION WINE SHIPPER LICENSE - APPLICATION & AGREEMENT PART 1 Oregon law limits this license to out-of-state wineries, but only for wine the winery produced or bottled, and out-of-state retailers who have no wholesale privileges. Please complete either A or B: (state) (state) License #: License #: A: I have a winery license in B: I have a retail license in You must include a copy of your liquor license with this application. PART 2 Applicant Name: Trade Name: Address: City/State/Zip: Mailing address: City/State/Zip: PART 3 President: Secretary: PART 4 Corporations must complete the following: Vice Pres: Treasurer: Partnerships and LLC's must list all members holding 10% or more interest: __________________ __________________ __________________ __________________ ________________ ________________ Applicant, corporate officer, or partnership/LLC member must sign. Signature: Phone: Return to: Date: Fax: OLCC PO Box 22297, Milwaukie, OR 97269-2297 Phone: (503) 872-5123 Fax: (503) 872-5018 Rev 4/04 Wine Shipper License - Application and Agreement (rev. 4/2004) American LegalNet, Inc. www.FormsWorkflow.com OREGON LIQUOR CONTROL COMMISSION WHOLESALE & MANUFACTURING INFORMATION PROGRAM OUT-OF-STATE WINE SHIPPERS INFORMATION MEMO QUALIFICATIONS: Wine Shipper licenses are issued to out-of-state licensees who want to ship wine directly to Oregon residents for their personal use. To qualify for a Wine Shipper license, you must be in a reciprocal state and you must have either a winery license or a retail license that has no wholesale privileges. Oregon adult residents (21 yrs. of age or older) may receive up two cases of wine per month for personal use. Wine shipper licensees may use only a common carrier who has a Commission-approved delivery plan. Wine shipper licensees are responsible for properly labeling the shipping container of any wine sent to Oregon. The law requires that the shipping container be prominently labeled with the following language: ALCOHOLIC BEVERAGES Do not deliver to a person who is under 21 years of age or visibly intoxicated. Failure to properly label containers may result in the cancellation of your Wine Shipper license and could jeopardize the direct shipment program in Oregon. IF USING UPS: RECORD KEEPING: QUESTIONS: UPS requires and provides a label that reads: "Adult signature required." Common carriers are required to keep delivery records for at least 18 months after the delivery. Call Lanette Clayton, License Process at 503-872-5123 or email lanette.clayton@state.or.us . LIMITATIONS: COMMON CARRIERS: LABELING: Wine Shipper License - Application and Agreement (rev. 4/2004) American LegalNet, Inc. www.FormsWorkflow.com Oregon Revised Statutes 471.229 Reciprocal interstate shipment and receipt of wine authorized; labeling; license requirement for out-of-state shippers. (1) Any resident of this state who is at least 21 years of age is entitled to receive not more than two cases of wine per month for personal use, containing not more than nine liters per case, from another state without payment of additional state tax, fees or charges if the state from which the wine is sent allows its residents to receive wine from this state without imposition of state tax, fees or charges. For privilege tax purposes, receipt of a shipment into this state under this subsection shall not be considered to constitute a sale in this state. No person who transports wine pursuant to this section shall deliver more than two cases of wine to the same address at one time. No person who receives wine pursuant to this section shall resell any of the wine. (2) A licensee who holds an off-premises sales license or any other license that authorizes retail sale of wine for consumption off the licensed premises may ship not more than two cases of wine, containing not more than nine liters per case, per shipment, for personal use and not for resale, directly to a resident of another state if the state to which the wine is sent allows residents of this state to receive wine sent from that state without payment of additional state tax, fees or charges. The sale shall be considered to have occurred in this state. (3) The shipping container of any wine sent into or out of this state under this section must be clearly labeled to indicate that the container contains alcoholic beverages and cannot be delivered to a person who is not at least 21 years of age or to a person who is visibly intoxicated. (4) For purposes of ORS 471.305, an order for wine that is received in writing is a bona fide order. (5) Sales authorized by this section are sales made by a retailer who is not authorized to sell at wholesale or sales by a winery of wine produced or bottled by the winery. (6) Out-of-state wine suppliers that supply wine under subsection (1) of this section must obtain a license from the Oregon Liquor Control Commission under procedures prescribed by rule of the commission before selling or soliciting sales of wine in Oregon. (7) Any person who knowingly or negligently delivers wine under the provisions of this section to a person under 21 years of age, or who knowingly or negligently delivers wine under the provisions of this section to a visibly intoxicated person, violates ORS 471.410, whether or not the person is licensed or appointed under the provisions of this chapter. Oregon Administrative Rules 845-005-0423 Wine Shipment by Out-of-State Licensee (1) A retailer or winery licensed in another state that wants to ship wine or cider to Oregon residents as ORS 471.229 allows must complete a Commission-supplied application for an Out-of-State Wine Shipper license. There is no fee for this license. The license is valid for five years and expires at 12 midnight on December 31 of the fifth year following issuance. (2) An Out-of-State Wine Shipper licensee: (a) Is authorized to ship not more than two cases of wine or cider containing not more than nine liters per case per month to any resident of this state who is at least 21 years of age, for personal use and not for resale; (b) May accept written or telephone orders for wine or cider. The licensee must wait until the next day to ship a telephone order; (c) May use only a common carrier that has a Commission-approved delivery plan. Requests for approval of common carrier delivery plans are evaluated under the guidelines of OAR 845-005-0424; (d) Must prominently label each shipping container of any wine or cider shipped under th
|
|||||||
