OREGON LIQUOR CONTROL COMMISSION WINE, MALT BEVERAGE, and CIDER DELIVERY PRIVILEGE Same Day Delivery Notification Full On-Premises licensees with an Off-Premises license, Limited On-Premises licensees with an Off-Premises license and Brew Pub licensees may apply for this privilege. Licensees must be in the business of preparing and serving regular meals on the licensed premises. Fast foods, short orders or snacks such as hamburgers, sandwiches and pizza do not qualify as regular meals. Licensees use this form to register their plan to deliver wine, malt beverages and cider. PLEASE ATTACH YOUR DELIVERY MENU. Please Print or Type Licensee:__________________________________________________ Type of License: _______________ Trade Name: _______________________________________________________________ ______________ Business Location Address: _____________________________________ ________________ _____________ City and ZIP code: ________________________________________________________________________ I certify that I will follow OAR 845-005-0420 and OAR 845-006-0396 regarding the same day delivery of alcohol. See the entire rule on the back of this form. As part of this, I understand: I must remain in the business of preparing and serving regular meals at this premises. I may deliver alcohol only if food, excluding beverages, makes up at least 75% of the cost of each individual order. I may make deliveries only between 7:00 am and 9:00 pm. Only someone with a service permit, who is at least 21 years of age, and who has successfully completed an Alcohol Server Education class will deliver the alcohol for me. I will use only delivery vehicles with my trade name prominently displayed to deliver the alcohol. The delivery person will complete an OLCC-approved form for each delivery. The form must record the identity of the delivery person, the delivery address, and verification that the person who received the delivery is at least 21 years of age. I will keep the forms for at least two years from the date of the delivery. I will prominently label each shipping container with the text: "Alcoholic Beverages - Do not deliver to a person who is under 21 years of age or who is visibly intoxicated." I or my employees will not deliver to a person who is under 21 years of age or who is visibly intoxicated. I will deliver only to a home or business. I will delivery only manufacturer-sealed containers. I will not deliver kegs. I may be sanctioned if I or my employees do not follow the rules for same day delivery of wine, malt beverage, or cider in Oregon. This would apply over and above sanctions for making alcoholic beverages available to minors or to visibly intoxicated persons. The sanction could include prohibiting me from making further deliveries. Licensee Name (print): ___________________________ Licensee Signature:__________ ___________________ License Number: _____________________ Premises Number:______________________ OLCC USE ONLY Approved by: ___________________________________ Date:______________________ 1-800-452-6522 www.olcc.state.or.us (rev. 07/05) American LegalNet, Inc. www.FormsWorkflow.com 845-005-0420 Same-Day Retail Delivery of Package Alcohol with Meal Service (1) ORS 471.305 restricts retail wine and malt beverage sales to the licensed premises. It allows deliveries within Oregon "made by the licensee to customers pursuant to bona fide orders received on the premises prior to delivery". (2) As used in this rule: (a) "Made by the licensee" includes deliveries by the licensee's employee who is a service permittee, is at least 21 years old and has successfully completed an approved Alcohol Server Education Course. If the licensee's employee does not comply with the requirements of section (3) of this rule, the licensee has violated this rule; (b) "Orders received on the licensed premises" means an order placed in person on the licensed premises and an order received by mail, telephone, telegraph, facsimile or other similar means. (c) "Regular meal" means any combination of foods, excluding sandwiches, that is generally considered to be a complete meal, at least a part of which is prepared and cooked on the licensed premises, and requires the use of dining implements for consumption. (3) Same-day delivery is limited to manufacturer-sealed containers of alcoholic beverages that may be sold for off-premises consumption under the license privilege, but not including kegs of malt beverages. (4) To qualify for the same-day delivery privilege allowed by this rule, a licensee must: (a) Have an Off-Premises Sales license and either a Full On-Premises Sales or a Limited On-Premises Sales license, or a Brewery-Public House license, and; (b) Be in the business of preparing and serving regular meals on the licensed premises, and; (c) Submit a complete written request for the privilege as specified in section (4) of this rule, and; (d) Be approved by the Commission in writing. (5) The licensee's request shall consist of the following: (a) If the licensee does not hold a Full On-Premises Sales license, documentation that the licensee is in the business of preparing and serving regular meals on the licensed premises. (b) A detailed proposal to deliver alcoholic beverages in compliance with the criteria of section (6) of this rule. (6) To be approved for same-day delivery, the licensee must propose to comply with the following requirements: (a) Food, excluding beverages, must account for at least 75% of the cost of the delivery. (b) The licensee must use delivery vehicles that prominently display the licensee's trade name; (c) The licensee must make all deliveries before 9:00 p.m.; (d) The licensee must prominently label each shipping container: "Alcoholic Beverages - Do not deliver to a person who is under 21 years of age or visibly intoxicated;" (e) The licensee must deliver only to a person who is at least 21 years old and must not deliver to a visibly intoxicated person; (f) The licensee must deliver only to a home or business; (g) The licensee must not deliver kegs; (h) At the time of delivery, the delivery person must complete a Commission-approved form. The delivery person must use the form to record the verification that the person who receives the delivery is at least 21 years old, the delivery address and the identity of the delivery person. The delivery person must give the completed form to the retail licensee who must keep this verification record for two years. (7) A licensee may request exemption from sub-section (6)(a) of this rule. The Commission will determine the merit of the request based on the following criteria: (a) The licensee plans to deliver small quantities of alcoholic beverages; (b) The food that the licensee offers are not fast foods, short order foods or snacks. Examples include hamburgers, sandwiches and pizza; (c) The licensee has a good compliance history. eff. 11-1-02 845-006-0396 Same-Day Retail Delivery of Alcoholic Beverages with Meal Service (1) Requirements for Same Day Delivery. A licensee must qualify for this privilege under the standards of OAR 845-005-0420. A qualified licensee may make deliveries the same day the licensee receives the order only under the following conditions: (a) A licensee must have an Off-Premises Sales license and either a Full On-Premises Sales or a Limited On-Premises Sales license, or a Brewery-Public House license, and must be in the business of preparing and serving regular meals on the licensed premises, must submit a complete written request for the privilege as specified in section (4) of this rule, and be approved by the Commission in writing; (b) Before making any deliveries, the licensee must notify the Commission on a Commission supplied form that the licensee plans to provide this delivery service; (c) Malt beverages, cider, and wine may account for no more than 25 percent of the retail cost of the delivered order; at least 75 percent must be food unless the licensee has received written Commission approval of a different alcohol-to-food retail cost ratio; (d) The licensee must use delivery vehicles that prominently display the licensee's trade name; (e) The licensee must make all deliveries before 9:00 p.m.; (f) The licensee must prominently label each shipping container: "Alcoholic Beverages - Do not deliver to a person who is under 21 years of age or visibly intoxicated"; (g) The licensee must deliver only to a person who is at least 21 years old and must not deliver to a visibly intoxicated person; (h) The licensee must deliver only to a home or business; (i) The licensee must not deliver kegs; (j) At the time of delivery, the delivery person must complete a Commission-approved form. The delivery person must use the form to record the verification that the person who receives the delivery is at least 21 years old, the delivery address and the identity of the delivery person. The delivery person must give the completed form to the retail licensee who must keep this verification record for two years. (2) Sanction. The sanction for a violation of this rule is a Category III violation. The sanction may include a restriction that prohibits further deliveries. eff. 11-1-03 American LegalNet, Inc. www.FormsWorkflow.com