OREGON LIQUOR CONTROL COMMISSION DIRECT SHIPPER PERMIT FOR NONPROFIT TRADE ASSOCIATION APPLICATION AND AGREEMENT Registration fee: $50.00 Permit term: Valid only in conjunction with a Temporary Sales License Eligibility requirements: The applicant must be a nonprofit trade association that has a membership composed primarily of Oregon Winery or Grower Sales Privilege license holders. The applicant must also hold an Oregon Temporary Sales license. You must include the following documents before your permit will be issued: o o o Copy of your Temporary Sales License $50.00 fee (enclose check made payable to OLCC) $1,000.00 minimum bond or bond waiver (bond or waiver form will be faxed when application and fee is received. Please read information memo for further details) Applicant Name: ___________________________________________________ Trade Name: ___________________________________________________ Business address: ___________________________________________________ City/State/Zip Code: ___________________________________________________ Mailing address: City/State/Zip Code: ___________________________________________________ ___________________________________________________ By checking this box, I certify that we are a nonprofit trade association and more than fifty percent of our members are Oregon Winery and Grower Sales Privilege license holders. BOND WAIVER: Check this box if you sell less than 40,000 gallons in Oregon per year. 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: _______________________________________ RETURN TO: Page 1 of 2 Fax: _______________________ OREGON LIQUOR CONTROL COMMISSION PO BOX 22297, MILWAUKIE, OR 97269-2297 PHONE: (503) 872-5123 FAX: (503) 872-5018 www.oregon.gov/OLCC 01/10 American LegalNet, Inc. www.FormsWorkFlow.com OREGON NON PROFIT TEMPORARY SALES DIRECT SHIPPER PERMIT INFORMATION MEMO OREGON LIQUOR CONTROL COMMISSION WHOLESALE & MANUFACTURING INFORMATION PROGRAM PRIVILEGES: This permit allows the holder to ship wine or cider directly to Oregon consumers. QUALIFICATIONS: The following are eligible to obtain a Direct Shipper Permit:: a person that holds a license issued by Oregon or another state within the United states that authorizes the manufacture of wine or cider; a person that holds a license issued by Oregon or another state within the United States that authorizes the sale of wine or cider produced only from grapes or other fruit grown under the control of the person; a person that holds a license authorizing the sale of wine or cider at retail for consumption off the licensed premises; or a nonprofit trade association that holds a temporary sales license under ORS 471.190 and that has a membership primarily composed of persons holding winery licenses issued under ORS 471.223 or grower sales privilege licenses issued under ORS 471.227. Applicants need to obtain a minimum bond of $1000 or a bond waiver. The commission shall waive the bond required under ORS 471.155 (1) if: (a) The licensee or permit holder was not liable for a privilege tax under this chapter in the immediately preceding calendar year and does not expect to be liable for a privilege tax under this chapter in the current calendar year; or (b) The licensee or permit holder of a business established during the current calendar year does not expect to be liable for a privilege tax under this chapter in the current calendar year. 473.050 (5) No privilege tax shall be levied, collected or imposed upon the first 40,000 gallons, or 151,000 liters, of wine sold annually in Oregon from a U.S. manufacturer of wines producing less than 100,000 gallons, or 379,000 liters, annually. If you have additional questions about the bond or waiver contact Debbie Amsberry by emailing Debbie.amsberry@state.or.us . LIMITATIONS: Oregon adult residents (21 yrs. of age or older) may receive up to two cases of wine or cider per month containing not more than 9 liters per case, for personal use and not for the purpose of resale. SHIPPING REQUIREMENTS: Wine or cider may be shipped or transported only by the employees of the Direct Shipper permit or by a “for hire” carrier that has a Commission-approved delivery plan. A list of Commission approved “for hire” carriers is available on the OLCC website. SHIPPING LABEL: Direct Shipper permit holders are responsible for properly labeling the shipping container of any wine or cider sent to a consumer in Oregon. The law requires that the shipping container be prominently labeled with the following language: CONTAINS ALCOHOL – Signature of person age 21 years or older required for delivery. _ Failure to properly label containers or verify age upon delivery may result in the cancellation of your Direct Shipper permit RECORD KEEPING: Licensee must maintain records of shipments for a minimum of 18 months. QUESTIONS: Call Lanette Clayton, License Process at 503-872-5123 or email lanette.clayton@state.or.us 1/10 American LegalNet, Inc. www.FormsWorkFlow.com Bond Waiver Certification The 2007 Legislature authorized OLCC to waive the required surety bond for Winery Licensees that meet specific criteria. The 2009 Legislature added Growers Sales Privilege and Warehouse licensees and Direct Shippers and Wine Self Distribution permit holders that meet specific criteria to the bond waiver certification. If you qualify for a waiver, complete the certification at the bottom of this form and submit it in lieu of a surety bond with your renewal. This waiver will need to be received prior to your license being renewed. 473.065 (4) Unless the commission determines that a grower sales privilege or warehouse licensee or direct shipper or wine self-distribution permit holder presents an unusual risk for nonpayment of any license fees, privilege taxes, agricultural products taxes or other tax, penalty or interest imposed under this chapter or ORS chapter 471, the commission shall waive the bond required under ORS 471.155 (1) for the winery licensee or permit holder if: (a) The licensee or permit holder was not liable for a privilege tax under this chapter in the immediately preceding calendar year and does not expect to be liable for a privilege tax under this chapter in the current calendar year; or (b) The licensee or permit holder of a business established during the current calendar year does not expect to be liable for a privilege tax under this chapter in the current calendar year. 473.050 (5) No privilege tax shall be levied, collected or imposed upon the first 40,000 gallons, or 151,000 liters, of wine sold annually in Oregon from a United States manufacturer of wines producing less than 100,000 gallons, or 379,000 liters, annually. Unusual Risks: 1. Non reporting: licensee has not filed their privilege tax statements or their Oregon Wine Board statement by the required due date. 2. Licensee checks returned to OLCC for non sufficient funds. 3. Any activity that is non compliant with Commission statutes or rules. I certify, as an Oregon licensee, that I owed no privilege tax in the prior calendar year and will not owe any tax in the current calendar year. I request a waiver for the bond required under ORS 471.155. I certify that I am the duly appointed and authorized (Official position) __________________ of the (Licensee) and that the foregoing statement is true and complete for the license period, _____________________________________________________ LICENSEE NAME: _________________________________________________________________ TRADE NAME: ____________________________________________________________________ LICENSE TYPE: ____________________________________________________________________ PREMISES ADDRESS: _________________________________________________________ _____ PHONE #:__________________________ SIGNATURE:___________________________________ EMAIL ADDRESS: __________________________________________________________________ 1/10 American LegalNet, Inc. www.FormsWorkFlow.com