Compliance & legal · Reference

What we know, and what Oregon counsel must confirm

The give-back rules and licensing path for Kegs for a Cause events, a LiveSwell private label, and a full brewery later. Earlier drafts were written for California and have been pulled back to open questions. Not legal advice.

Not legal advice

This page is a working list, not counsel. Every Oregon item marked TBD needs an answer from an Oregon attorney with alcohol and nonprofit experience before anyone acts on it.

Give-back promotions

The question to answer first

The trigger

If a for-profit (LiveSwell, or a for-profit K4C) publicly says that buying its product benefits a charity — "$X of each can to [cause]" — many states regulate that promotion.

TBD: whether Oregon requires registration, a filed contract, fees, or reports for this, and on what timeline.

What we will do regardless

  • · Sign a written agreement with each nonprofit.
  • · State the exact amount per unit, the nonprofit, the dates, and any cap.
  • · Publish a donation report after every campaign.
  • · Never say "a portion of proceeds."

Precise scope

K4C run through a fiscal sponsor — a nonprofit running charitable events — is likely a different, mostly sponsor-handled situation. The for-profit give-back question applies mainly to LiveSwell branding beer as funding a cause. Confirm both with counsel.

Liquor licensing

By phase — verify each item

K4C events

Host holds the license

The partner brewery holds the license and pours; K4C never serves or sells.

On record: Oregon rule OAR 845-013-0090 lets brewers give or discount beer to a nonprofit that holds a Temporary Sales License. OLCC lists that license at $50 per license day.

TBD: confirm with the Oregon Liquor and Cannabis Commission (OLCC) and each host that their license and insurance cover a ticketed charity night.

LiveSwell — private label

Federal + Oregon permits

Federal: a TTB permit and label approval (COLA) for each beer.

On record: OLCC's annual fee sheet lists Brewery at $1,000, Brewery-Public House at $500, and Wholesale Malt Beverage and Wine at $550. A brewery-public house that gets beer brewed for it under a custom order agreement may sell that beer only at retail, not wholesale (OLCC). Every annual license needs a local government recommendation first, and applications are filed online (OLCC).

TBD: which of these licenses fits LiveSwell's setup, and time to approval. Confirm with OLCC or counsel.

LiveSwell — full brewery (later)

Facility permits added

Adds land-use, building, and health permits for the chosen site.

TBD: county or city rules for the site, and a realistic timeline once a site is picked.

Confirm with a pro

Cheap review, expensive mistake

Entity choice, any give-back registration, liquor licensing, and any fiscal-sponsor agreement should be reviewed by an Oregon attorney experienced in both alcohol and nonprofit law.

Filings are usually cheap. Getting the structure wrong is not.