OREGON LIQUOR CONTROL COMMISSION WINE, MALT BEVERAGE, and CIDER DELIVERY PRIVILEGE Next Day Delivery Notification Off-Premises Sales, Brew Pub, and Winery licensees use this form to register their plan to deliver wine, malt beverages, and cider. Grower Sales Privilege licensees use this form to register their plan to deliver wine and cider. Please Print or Type Licensee:__________________________________________________ Type of License: _______________ Trade Name: _______________________________________________________________ ______________ Business Location Address: _____________________________________ ________________ _____________ City and ZIP code: ________________________________________________________________________ I certify that I will follow OAR 845-005-0422 and OAR 845-006-0398 regarding the next day delivery of alcohol. See the entire rule on the back of this form. As part of this, I understand: The earliest I may deliver any alcohol is the day after I receive an order. The alcohol may be removed from my premises only between 7 a.m. and 2:30 a.m. 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." My employees or the Common Carrier must not deliver to a person who is under 21 years of age or who is visibly intoxicated. I will allow delivery only to a home or business. I will not allow delivery of kegs. If I use my own vehicle to deliver the alcohol I will prominently display my trade name on the vehicle and I will use only persons who are at least 18 years of age and who hold a valid Service Permit. I will ensure that whoever makes the delivery will record the signature of the person receiving the delivery, proof of age (if required), the delivery address, and the identity of the delivery person. I will keep these records for at least 18 months after the delivery. If I use a Common Carrier, I will use one approved by the Commission. I may be sanctioned if I or my employees do not follow the rules for next 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 845-005-0422 Next-Day Delivery of Package Alcohol; Wine and Cider Delivery by Winery Licensee (1) ORS 471.305 restricts retail wine, cider, 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) The licensee's license must include off-premises sales privileges for malt beverages to deliver malt beverages, off-premises sales privileges for wine to deliver wine or cider. (3) A Winery licensee 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. (4) Before making the first delivery, the licensee must notify the Commission on a Commission-supplied form that the licensee plans to provide this delivery service. (5) The licensee may not deliver kegs without prior written approval for each delivery. (6) As used in this rule, "made by the licensee" includes deliveries by the licensee's employee who holds a current Service Permit and by a common carrier who has a Commission-approved delivery plan. Common carrier delivery plans are assessed under the guidelines of OAR 845-005-0424. (7) The licensee may make deliveries only in compliance with the requirements of OAR 845-006-0398. eff. 11-1-03 845-006-0398 Next-Day Retail Shipment of Alcoholic Beverages by Oregon Licensees to Oregon Residents (1) A licensee may deliver wine, cider, or malt beverages on any day after the day the licensee receives the order only under the following conditions: (a) The licensee's license must include off-premises sales privileges for malt beverages to deliver malt beverages, and off-premises sales privileges for wine to deliver wine or cider; (b) Before making the first delivery, the licensee must notify the Commission on a Commission supplied form that the licensee plans to provide this delivery service; (c) 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" or similar message that the Commission approves; (d) The licensee must deliver only to a person who is at least 21 years old and must not deliver to a visibly intoxicated person; (e) The licensee must deliver only to a home or business; (f) The licensee must not deliver kegs unless the licensee gets prior written Commission approval for the delivery; (g) The delivery vehicles driven by the licensee or the licensee's employee must prominently display the licensee's trade name; (h) If the licensee or licensee's employee makes the delivery, he/she must record the signature of the person who receives the delivery, proof of age (if age verification is required), the delivery address and the identity of the delivery person. (See OAR 845-006-0335 for age verification requirements.) The licensee must keep these records for at least 18 months after the delivery; (i) If the licensee delivers through a common carrier, the licensee may use only a common carrier who has a Commission-approved delivery plan. The Commission requires plan approval to assure appropriate alcoholic beverage delivery. The Commission evaluates common carrier delivery plans under the standards of OAR 845-005-0424. (2) Sanction. Violation of this rule is a Category III violation. The sanction may include a restriction that prohibits further deliveries. (3) Any person who knowingly or negligently delivers wine or cider which has been shipped under the provisions of ORS 471.229 to a person under 21 years of age, or who knowingly or negligently delivers wine or cider which has been shipped under the provisions of ORS 471.229 to a visibly intoxicated person, violates ORS 471.410 and commits a Class A misdemeanor, whether or not the person is licensed or appointed under the provisions of ORS Chapter 471. eff. 11-1-03 American LegalNet, Inc. www.FormsWorkflow.com