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.