Oregon Revised Statutes

Or. Rev. Stat. § 471.235 (2026)

Wholesale malt beverage and wine license

✓ current as of May 2026

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471.235 Wholesale malt beverage and wine license. (1) A wholesale malt beverage and wine license shall allow the importation, storage, transportation, wholesale sale and distribution to licensees of the Oregon Liquor and Cannabis Commission, and the export of wine, cider and malt beverages, and the importation and sale to the commission and the export of wine of alcoholic content in excess of 21 percent alcohol by volume. A wholesale malt beverage and wine licensee may not sell any alcoholic liquor for consumption upon the licensed premises. However, a wholesale malt beverage and wine licensee may sell naturally fermented wine or cider in quantities of not less than four gallons nor more than 55 gallons at any one time to consumers for consumption not on the licensed premises. Wholesale malt beverage and wine licensees may sell malt beverages containing not more than nine percent alcohol by volume in quantities not less than four gallons to any unlicensed organization, lodge, picnic party or private gathering. The unlicensed organization, lodge, picnic party or private gathering may not sell the malt beverages. A wholesale malt beverage and wine license shall permit the licensee also to sell malt beverages at wholesale only, to persons holding licenses authorizing the persons to resell such beverages at retail. Employees of wholesale malt beverage and wine licensees may serve sample tastings of malt beverages, cider and wine at alcoholic beverage industry trade shows, seminars and conventions and at alcoholic beverage industry sample tastings for employees of retail licensees.

(2) Subsection (1) of this section does not prohibit the transportation or wholesale sale or distribution of malt beverage or wine by a wholesale malt beverage and wine licensee to any alcoholic treatment center licensed by the Oregon Health Authority.

(3) A wholesale malt beverage and wine licensee may impose an additional handling fee on any wine sold to any retailer in this state if the quantity of wine sold to the retailer is less than the smallest multiple-package case available to be sold and the handling fee is uniform for all licensees. [Amended by 1955 c.657 §2; 1973 c.395 §1; 1974 c.4 §2; 1975 c.123 §1; 1985 c.378 §1; 1987 c.608 §4; 1989 c.178 §8; 1995 c.301 §17; 1999 c.351 §25; 2009 c.595 §958; 2011 c.143 §1; 2021 c.351 §62]

471.240 [Amended by 1955 c.657 §3; 1957 c.223 §2; repealed by 1973 c.395 §10]

Notes of Decisions

Cited in 3 cases, 1979–2020 · leading case: EAN Holdings, LLC v. Dept. of Rev., 24 Or. Tax 200 (Or. T.C. 2020).

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EAN Holdings, LLC v. Dept. of Rev., 24 Or. Tax 200 (Or. T.C. 2020). · cites it 2× “Taxpayer contrasts these provisions with ORS 471.235(1), which allows the holder of a “wholesale malt beverage and wine license” to sell “in quantities of not less than four gallons” to consumers for consumption not on the licensed premises or to certain unlicensed organizations.”

Pike v. Allen Int'l Ltd., 597 P.2d 804 (Or. 1979). · cites it 2× “” Despite that conclusion, the trial court proceeded to decide the merits of the case and held, among other things, that: "Dock sales are wholesale transactions, permissible to defendants under the terms of ORS 471.235. ORS 471.452 does not prohibit wholesale licensees from…”

Clackamas Grocery Outlet Warehouse v. Oregon Liquor Control Comm'n, 283 P.3d 936 (Or. Ct. App. 2012). · cites it 5× “186; and (2) the “wholesale malt beverage and wine license,” ORS 471.235. As discussed below, 251 Or App at 335, 338, GOI holds an O license (jointly with the store operator) for each individual GOI retail store and, as of October 2008, also has an O license for its Clackamas…”

— Or. Rev. Stat. § 471.235(1) — 2 cases

EAN Holdings, LLC v. Dept. of Rev., 24 Or. Tax 200 (Or. T.C. 2020). “Taxpayer contrasts these provisions with ORS 471.235(1), which allows the holder of a “wholesale malt beverage and wine license” to sell “in quantities of not less than four gallons” to consumers for consumption not on the licensed premises or to certain unlicensed organizations.”

Clackamas Grocery Outlet Warehouse v. Oregon Liquor Control Comm'n, 283 P.3d 936 (Or. Ct. App. 2012). “186; and (2) the “wholesale malt beverage and wine license,” ORS 471.235. As discussed below, 251 Or App at 335, 338, GOI holds an O license (jointly with the store operator) for each individual GOI retail store and, as of October 2008, also has an O license for its Clackamas…”

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