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Direct Shipper Permit For Oregon Licensees Application And Agreement - Oregon
| Direct Shipper Permit For Oregon Licensees Application And Agreement Form. This is a Oregon form and can be used in Liquor Control Commission Statewide . |
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OREGON LIQUOR CONTROL COMMISSION DIRECT SHIPPER PERMIT for OREGON LICENSEES APPLICATION AND AGREEMENT Permit term: 1 year Eligibility requirements: You are eligible for this permit if you hold a Winery or Grower Sales Privilege license. Please indicate the type of Oregon license that you hold. Winery License Grower Sales Privilege You must include the following document with this application. Your permit will not be approved until this document is received: o Copy of your current Winery or Grower Sales Privilege license Applicant Name: Trade Name: Business address: City/State/Zip Code: Mailing address: City/State/Zip Code: ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ Same Day Delivery of Wine or Cider By checking this box I am requesting approval to provide same day delivery of wine or cider to Oregon Residents. I understand that I may make such deliveries only as described in OAR 845-006-0392 (see 2nd page). I certify that I have read and will follow the rule. The applicant or authorized corporate officer or member of a partnership or limited liability company must sign this application. Signature: _______________________________________ Date: _______________________ (I acknowledge by my signature that I have read the information memo and agree to abide by the guidelines of this permit) Phone: _______________________________________ Fax: _______________________ RETURN TO: OREGON LIQUOR CONTROL COMMISSION PO BOX 22297, MILWAUKIE, OR 97269-2297 PHONE: (503) 872-5123 FAX: (503) 872-5018 Page 1 of 2 www.oregon.gov/OLCC 7/08 American LegalNet, Inc. www.FormsWorkflow.com 845-006-0392 Requirements for Direct Shipment of Wine and Cider to a Resident of Oregon (1) A person may sell and ship wine or cider to a resident of Oregon only if the person holds: (a) A valid Direct Shipper Permit and holds a license issued by this state or another state that authorizes the person to hold a Direct Shipper Permit; or (b) An off-premises sales license issued by the Commission. (2) A person holding a Direct Shipper Permit must ship not more than a total of two cases of wine or cider containing not more than nine liters per case per month to a resident of Oregon who is at least 21 years of age. (3) A person holding a Direct Shipper Permit or an off-premises sales license must retain a record for a minimum of eighteen months of the amount of alcohol contained in the shipment to the resident. (4) A person holding a Direct Shipper Permit or an off-premises sales license must ship: (a) Only wine or cider and only in manufacturer-sealed containers; (b) Only to a resident of Oregon who is at least 21 years of age and only if the wine or cider is for personal use and not for the purpose of resale; (c) Only for delivery to a resident who is not visibly intoxicated at the time of receiving the alcohol; (d) The product in a container that is conspicuously labeled with the words "Contains alcohol: signature of person age 21 years or older required for delivery" or similar language approved by the Commission; (e) Only pursuant to an order for the wine or cider that is received by the permit holder or licensee prior to shipment of the alcohol; (f) Only for next-day delivery, unless the permit holder or licensee has been approved for same-day delivery; and (g) Only to a home or business where the home or business has a permanent street address. (5) If the permit holder or licensee ships via a for-hire carrier, the permit holder and licensee must use a for-hire carrier with a plan approved by the Commission under OAR 845-005-0424 and must comply with sections (2), (3), and (4) of this rule, as applicable. (6) If the permit holder or licensee does not use a for-hire carrier, in addition to complying with sections (2), (3), and (4) of this rule, as applicable, the person making the delivery of the wine or cider must: (a) Be age 18 or over; (b) Verify by inspecting government-issued photo identification that the person receiving the alcohol is at least 21 years of age; (c) Determine that the person receiving the alcohol is not visibly intoxicated; and (d) Collect information that must be retained by the permit holder or licensee for a minimum of eighteen months from the date of delivery of the alcohol to the resident. The information may be collected and retained electronically (if the permit holder or licensee so chooses) and must include: (A) The date and time the alcohol was delivered to the resident; (B) The name or information that can be used to determine the name of the person delivering the alcohol to the resident; and (C) The name, signature, and delivery address of the person receiving the alcohol. (7) Same-day delivery for a permit holder. If a permit holder has also obtained approval to make same-day delivery of wine or cider, in addition to complying with sections (2), (3), (4), and either (5) or (6) of this rule, the permit holder must receive the order from the resident no later than 4:00 pm on the day the order is delivered, ensure that the wine and cider is delivered before 9:00 pm, and deliver not more than a total of two cases of wine or cider containing not more than nine liters per case per day to a resident of Oregon (and must also follow section (2) of this rule). (8) Same-day delivery for a licensee. If a licensee has also obtained approval to make same-day delivery of wine or cider, in addition to complying with sections (3), (4), and either (5) or (6) of this rule, the licensee must: (a) Receive the order from the resident no later than 4:00 pm on the day the order is delivered, ensure that the wine and cider is delivered before 9:00 pm, and deliver not more than a total of two cases of wine or cider containing not more than nine liters per case per day to a resident of Oregon; or (b) Receive the order from the resident no later than 4:00 pm on the day the order is delivered, ensure that the wine and cider is delivered before 9:00 pm, and may deliver an unlimited amount of wine or cider if the alcohol accounts for no more than 25 percent of the retail cost of the order (at least 75 percent of the retail cost of the order must be items other than alcohol); or (c) Receive the order from the resident no later than 9:00 am on the day
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