Oregon Revised Statutes Chapter 471 § 471.162 — Exemptions from license requirement

Exemptions from license requirement. (1) Hospitals, sanitariums, convalescent homes, rest homes, retirement homes and facilities for the care of the elderly that have been licensed or registered by the state may sell and serve alcoholic beverages to patients, inmates and residents, and to bona fide visitors and guests of patients, inmates and residents, without a license issued under this chapter. Facilities authorized to sell and serve alcoholic beverages without a license under this subsection may not sell or serve alcoholic beverages after 10 p.m. except upon a physician’s prescription. (2) A person who operates a private residence that is not a boarding house but that accommodates transient guests for a limited duration may sell and serve wine, malt beverages and cider to registered overnight guests without a license. Facilities authorized to sell and serve alcoholic beverages without a license under this subsection must have six or fewer guest units. (3) A person who is an employee or agent of the holder of a license issued under this chapter that authorizes wholesale distribution of alcoholic beverages may, on behalf of the licensee, sell alcoholic beverages in factory-sealed containers to retail licensees and wholesalers. (4) A pharmacist licensed under the laws of this state may sell alcoholic beverages without a license. Pharmacists may only sell alcoholic beverages under the provisions of this section if the alcoholic beverages are drugs as defined in ORS 689.005. A pharmacist may sell alcoholic beverages under the provisions of this subsection pursuant to a prescription, in containers of not more than one quart capacity. (5) A wine collector, or the agent of a wine collector, may sell wine in factory-sealed containers at auction without a license. Any wine sold under this subsection must have been held by the collector for at least a six-month period. A wine collector must receive written approval from the Oregon Liquor and Cannabis Commission before conducting a sale under this subsection. No more than one sale in a 12-month period may be conducted by a wine collector under the provisions of this subsection. (6)(a) As used in this subsection, “homemade” has the meaning given that term in ORS 471.037. (b) A nonprofit or charitable organization registered in this state may sell, including but not limited to through an auction or raffle, alcoholic beverages for up to 45 days in a calendar year without a license issued under this chapter, subject to paragraphs (c) to (f) of this subsection. (c) Prior to selling or offering for sale an alcoholic beverage, the organization must obtain written approval from the commission to sell or offer for sale an alcoholic beverage on any day on which the organization wishes to sell or offer for sale alcoholic beverages under this subsection. (d) The organization may sell malt beverages, wine, cider and distilled liquor purchased by or donated to the organization. Except for donated homemade malt beverages, wine and fermented fruit juices, the purchased or donated malt beverages, wine, cider and distilled liquor must be imported into this state by the commission or be manufactured in or imported into this state under a brewery, brewery-public house, distillery, grower sales privilege, winery or wholesale malt beverage and wine license. (e) The organization may sell: (A) Malt beverages, wine, cider, distilled liquor and donated homemade malt beverages, wine and fermented fruit juices by the drink for on-premises consumption; (B) Malt beverages, wine, cider and donated homemade malt beverages, wine and fermented fruit juices in factory-sealed containers or securely covered containers for off-premises consumption; and (C) Up to a total of four liters per calendar year of distilled liquor in factory-sealed containers for off-premises consumption. (f) The organization may deliver or arrange for the delivery of alcoholic beverages sold for off-premises consumption as described in this subsection. (7) A manufacturer may sell proprietary or patent medicines, perfumes, lotions, flavoring extracts, medicinal tinctures and other preparations unfit for beverage purposes without a license. [1999 c.351 §10; 2012 c.16 §1; 2017 c.533 §6; 2021 c.180 §6; 2021 c.351 §48] (Authority of Cities and Counties)