ORS 471.398(3) prohibits a supplier (manufacturer, wholesaler, or its agents) from providing any fixtures, furniture or furnishings to a retailer. A supplier does not violate this prohibition if he/she provides a display bin or rack for manufacturer-sealed containers of alcoholic beverages for consumption off the licensed premises, if the following conditions are met:

1. (1) The supplier provides no more than one bin or rack per brand name family per retailer at any given time;
2. (2) The cost of the display bin or rack may not exceed $300.00 (cost is the cost to the supplier who initially purchased or produced the bin or rack);
3. (3) The supplier has permanently marked the bin or rack with a brand name or trade name of the supplier’s alcoholic beverage product; and
4. (4) The retailer uses the bin or rack to display only products from the brand name family or trade name permanently marked on the bin or rack;
5. (5) For purposes of this rule, "trade name" means the operating trade name and associated business names filed by a manufacturer or wholesaler as part of the Alcohol and Tobacco Tax and Trade Bureau (TTB) basic permit, i.e. Anheuser-Busch InBev; “brand name family” means all of the alcoholic beverage products included in a particular product line which are marketed and labeled with a particular brand name, i.e. Budweiser.

Statutory/Other Authority

ORS 471, 471.030, 471.730(1) & (5)

Statutes/Other Implemented

ORS 471.398(3)

History

OLCC 8-2014, f. & cert. ef. 8-15-14
OLCC 4-2011, f. 4-25-11, cert. ef. 5-1-11
OLCC 6-2003, f. 4-25-03, cert. ef. 5-1-03
OLCC 8-1992, f. 8-25-92, cert. ef. 10-1-92