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: A: I have a winery license in B: I have a retail license in License #: (state) License #: (state) 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 Corporations must complete the following: President: Vice Pres: Secretary: Treasurer: PART 4 Partnerships and LLC’s must list all members holding 10% or more interest: ________________ __________________ __________________ ________________ __________________ __________________ Applicant, corporate officer, or partnership/LLC member must sign. Signature: Date: Phone: Fax: Return to: 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. LIMITATIONS: Oregon adult residents (21 yrs. of age or older) may receive up two cases of wine per month for personal use. COMMON CARRIERS: Wine shipper licensees may use only a common carrier who has a Commission-approved delivery plan. LABELING: 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: UPS requires and provides a label that reads: “Adult signature required.” RECORD KEEPING: Common carriers are required to keep delivery records for at least 18 months after the delivery. QUESTIONS: Call Lanette Clayton, License Process at 503-872-5123 or email lanette.clayton@state.or.us . 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. 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 this subsection: "Alcoholic Beverages - Do not deliver to a person who is under 21 years of age or visibly intoxicated." (3) The Commission may cancel or suspend a wine shipper's license: (a) If the delivery person delivers to a minor or a visibly intoxicated person or does not comply with subsection (2)(c) of this rule; (b) If the licensee fails to comply with the requirements of ORS 471.229 and all other Oregon alcoholic beverage statutes and rules applicable to the sale of wine or cider in Oregon. OAR 845-005-0424 Guidelines for Approval of Common Carrier for Licensee Deliveries The Commission will evaluate and may approve a common carrier’s plan to deliver alcohol for licensees as allowed under OAR 845-005-0422 and OAR 845-005-0423 based on: (1) Specifics of the plan, including: (a) Hours of delivery; (b) Minimum age of delivery persons; (c) Means of ensuring delivery containers are labeled, “Alcoholic beverages – Do not deliver to a person who is under 21 years of age or visibly intoxicated;” (d) Assurance the delivery person will make personal delivery in compliance with the requirement of Section (1)(c) of this rule. (2) The length of time the carrier has been in business and its record of compliance with the law. (3) The carrier's training program for delivery personnel and delivery practices. (4) The carrier's willingness and ability to comply with its plan. 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 Wine Shipper License - Application and Agreement (rev. 4/2004) American LegalNet, Inc. www.FormsWorkflow.com OREGON LIQUOR CONTROL COMMISSION WHOLESALE & MANUFACTURING INFORMATION PROGRAM APPROVED COMMON CARRIERS FOR SHIPMENT OF ALCOHOLIC BEVERAGES DHL Worldwide Express 333 Twin Dolphin Drive Redwood City, CA 94065-1496 Phone: 1-800-225-5345 or 415-593-7474 Federal Express Legal Department 1980 Nonconnah Blvd. Memphis, TN 38132 Phone: 901-395-5157 or 901-395-5159 FedEx Ground 1000 FedEx Drive Moon Township, PA 15108 Phone: 412-269-1000 Mid Valley Delivery Service, Inc. P.O. Box 551 Salem, OR 97308 Phone: 1-800-422-0103 Oregon Wine Country Distribution, Inc. 1315 S. Plymouth Ct., Unit 1 Chicago, IL 60605 Oregon address: 1301 NE 99W, Suite 314 McMinnville, OR 97128 Priority Delivery Company 2335 N. Harding Portland, OR 97227 Phone: 503-493-3534 Senvoy PO Box 14607 1215 SE 8th Ave. Portland, OR 97214 Phone: 503-234-7722 The Shopping Kart 21373 Oakview Dr. Bend, OR 97701 541-350-1526 (Kevin Strickler) American LegalNet, Inc. www.FormsWorkflow.com United Parcel Service (UPS) Northwest Region 2000 Crow Canyon Pl., Suite 300 San Ramon, CA 94583 1-800-742-5877 or 925-277-2242 (Customer Service Mgr., NW region) R:\W&M Info Program\Wine Shipper License\Approved Carriers.`wpd (June, 2005) American LegalNet, Inc. www.FormsWorkflow.com