Oregon Alcohol Delivery Rules

Order Requirements

• Order must include a meal — a main course prepared on the premises. Appetizers, snacks, and desserts do not qualify.
• Order must be labeled with the words, “Contains alcohol: deliver only to a person age 21 years or older.”
• Order cannot contain more than two servings of mixed drinks and/or wine. The rules for servings are as follows:
  • Mixed drink with primarily liquor = 3 oz or less of liquor
  • Mixed drink with primarily wine = 6 oz or less of total wine/liquor/mixers
  • Only wine = 6 oz or less of wine
• Alcohol containers must be sealed with a solid lid to make it evident if the seal has been broken.

Delivery Requirements

For deliveries made by a licensee’s own employee:

• The delivery person must be at least 18 years of age.
• The delivery person must have a valid driver’s license or other state-issued ID.
• The delivery person must have a valid service permit or temporary service permit, or have completed an OLCC-approved alcohol delivery training program within the last five years.
• Deliveries must occur between the hours of 7:00 AM and 10:00 PM. (Note: deliveries from off-premises locations must occur between the hours of 6:00 AM and 10:00 PM.)

For more information on training requirements for both licensee employees and third-party delivery facilitator employees, see our blog post: OLCC Training Requirements for Alcohol Delivery in Oregon.

Customer Requirements

• Alcohol may not be delivered to a person showing signs of intoxication.
• Alcohol may not be delivered to a minor and should not be left unattended.

Recordkeeping Requirements

• Date and time the delivery is made.
• Number of alcoholic beverages contained in the delivery.
• Name (or other identifier) of the person making the delivery.
• Name and address of the person receiving the delivery.

Licensee Requirements

• If a licensee uses its own employee to make a delivery, the licensee is responsible for retaining delivery records for a minimum of two years from the date of delivery. (Note: If a licensee uses a third-party delivery company, the company is responsible for retaining the record.)
• Licensees selling alcohol for off-premises consumption must post an Open Container Warning Notice.

Physical Possession

OAR 845-006-0392 and OAR 845-006-0396 both explicitly require that alcohol be transferred to the physical possession of the final consumer at the delivery address — meaning it cannot be left unattended. OAR 845-006-0399 does not include this same language.

The OLCC has acknowledged this as an oversight stemming from the speed of COVID-era rulemaking and has indicated plans to bring OAR 845-006-0399 into alignment with the other delivery rules. In the meantime, the OLCC has indicated that physical possession is implied, since confirming a customer is 21 years of age requires the delivery person to verify ID directly with the customer at the time of delivery.

Recordkeeping for Third-Party Delivery Facilitators

OAR 845-006-0392 and OAR 845-006-0396 both include explicit recordkeeping obligations for licensees when using a third-party delivery facilitator (TPDF). OAR 845-006-0399 does not include equivalent language.

Currently, licensees operating under OAR 845-006-0399 are not explicitly required to keep any records when a TPDF makes the delivery — including the TPDF’s name, the date and time the order was transferred, or the final consumer’s name and delivery address.

The OLCC has indicated this is also an oversight and has added it to their list of rule changes for the current year. Licensees using a TPDF to deliver mixed drinks and single servings of wine should watch for updates to OAR 845-006-0399.