(1) As used in this section: (a) Mixed drink means a beverage that is a combination of wine or distilled liquor and one or more mixers that is combined on a licensed premises and sold in a sealed container for consumption off the licensed premises. (b) Sealed container means a container with a secure cap or lid: (A) That is designed to prevent consumption of the contents of the container without removal of the cap or lid; or (B) That has a seal covering the holes or opening, if the cap or lid has sipping holes or an opening for a straw to allow consumption of the contents of the container without removal of the cap or lid. (2) Notwithstanding ORS 471.175, the holder of a full on-premises sales license may make retail sales of mixed drinks and single servings of wine for off-premises consumption if the mixed drink or single serving of wine is sold in a sealed container that meets the requirements of subsection (3) of this section. The retail sale must be made directly to the consumer although delivery may be made through a third party that provides a delivery service. (3) The cap or lid, and any seal, of the sealed container must be affixed to the container in a manner that makes it obvious when the cap or lid, and any seal, has been removed or broken. The cap or lid, and any seal, may be affixed with the use of tape or other adhesive. (4) The Oregon Liquor and Cannabis Commission may adopt rules to carry out this section, including rules establishing additional requirements for the retail sale of mixed drinks and single servings of wine for off-premises consumption.
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