1. (1) ORS 471.398(5) prohibits a manufacturer or wholesaler from giving a retailer any services except services of nominal value.
2. (2) OAR 845-013-0070 limits services of nominal value to those which fall into one of two categories.
3. (3) The category described in OAR 845-013-0070(3) allows a manufacturer or wholesaler to give basic marketing support services for the manufacturer or wholesaler’s alcoholic beverage products. When a manufacturer or wholesaler uses schematics to promote their products to a retailer, the Commission considers that to be a basic marketing support service.
4. (4) When a manufacturer or wholesaler uses schematics to promote their products to a retailer, the retailer remains responsible for deciding what products are actually sold.
5. (5) The Commission holds licensees accountable for the acts of their agents and employees. (See OAR 845-006-0362). Accordingly, any licensee who provides schematics through another person or business is responsible for the actions of the party. If a person or business that provides schematics on behalf of a licensee violates any liquor law or rule, the Commission takes the appropriate compliance action against the licensee.

Statutory/Other Authority

ORS 471 & 472, including 471.030, 471.730(1) & (5)

Statutes/Other Implemented

ORS 471.398(5)

History

OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03
OLCC 3-1994, f. 8-3-94, cert. ef. 10-1-94