Oregon Revised Statutes Chapter 471 § 471.534 — Third-party delivery facilitator permit; fees; grounds to refuse to issue or to

Third-party delivery facilitator permit; fees; grounds to refuse to issue or to suspend or revoke permit; rules. (1) In order to engage in the delivery of alcoholic beverages, a third-party delivery facilitator must hold a permit issued by the Oregon Liquor and Cannabis Commission and must comply with applicable requirements under this chapter. (2)(a) The commission may refuse to issue a permit, and may suspend or revoke a permit, if the commission finds or has reasonable grounds to believe that: (A) A third-party delivery facilitator is, or has a financial interest in, a manufacturer; (B) A third-party delivery facilitator provided material false or misleading information to the commission or omitted information that should have been provided to the commission; or (C) Subject to paragraph (b) of this subsection, a third-party delivery facilitator, or any person used by or acting on behalf or at the direction of the third-party delivery facilitator, does not have a good record of compliance under this chapter, as assessed upon initial application for a permit under this section and annually upon application for renewal of a permit issued under this section. (b) The commission shall establish by rule a process through which the commission shall notify a third-party delivery facilitator of a compliance issue as described under paragraph (a)(A) of this subsection and allow the third-party delivery facilitator an opportunity to cure the issue prior to the commission’s refusal to issue or renew the third-party delivery facilitator’s permit under this section. (3) A retail licensee, as defined in ORS 471.392, is eligible to qualify as a third-party delivery facilitator. A retail licensee that is also a third-party delivery facilitator may exercise any privilege granted by the retail license. (4)(a) A third-party delivery facilitator acting on behalf of an eligible business may: (A) Deliver, or cause to be delivered, alcoholic beverages to the physical possession of a final consumer on behalf of an eligible business; (B) Advertise alcoholic beverages available for retail sale; (C) Solicit, receive and accept orders for alcoholic beverages from final consumers; and (D) Receive payment for alcoholic beverages ordered by final consumers. (b) A third-party delivery facilitator may engage in an activity described in this section only when the third-party delivery facilitator is acting on behalf of an eligible business. (c) A third-party delivery facilitator may use only a delivery person who meets the requirements of ORS 471.524 to deliver alcoholic beverages to a final consumer. (d) A third-party delivery facilitator that is an individual who is a delivery person must meet the requirements of ORS 471.524, including the requirement to hold a valid driver license. (5) A third-party delivery facilitator may charge an eligible business a fee for delivering alcoholic beverages on behalf of the eligible business. (6) A third-party delivery facilitator shall maintain and make available records to the commission as required by the commission by rule. (7)(a) The commission may adopt rules as necessary to regulate third-party delivery facilitators. (b) The commission may adopt rules to establish a fee for issuing and renewing a third-party delivery facilitator permit under this section. (8)(a) An eligible business may use a third-party delivery facilitator to carry out, on behalf of the eligible business, deliveries of alcoholic beverages to final consumers that the eligible business is authorized to make. In carrying out a delivery described in this subsection, a third-party delivery facilitator shall ensure that the delivery is made in compliance with any requirements applicable to the delivery. (b) The commission shall adopt rules to carry out this subsection. (9) An eligible business that uses a third-party delivery facilitator to deliver alcoholic beverages on behalf of the eligible business is not responsible for any failure of the third-party delivery facilitator, or a delivery person employed by or contracted with the third-party delivery facilitator, to comply with the requirements of ORS 471.521 to 471.537 or rules adopted under ORS 471.521 to 471.537. [2023 c.539 §6; 2024 c.40 §16]