Chapter 25
AN ACT
HB 2164
Relating to winery licenses; creating new provisions; amending ORS
471.223; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 471.223 is amended to read:
471.223. (1) A winery license shall allow the licensee:
(a) To import, bottle,
produce, blend, store, transport or export wines or cider.
(b) To sell wines or
cider at wholesale to the Oregon Liquor Control Commission or to licensees of
the commission.
(c) To sell wines or
cider at retail directly to the consumer for consumption on or off the licensed
premises.
(d) To sell malt
beverages at retail for consumption on or off the licensed premises.
(e) To conduct the
activities allowed under paragraph (a), (b), (c) or (d), or all, of this
subsection at a second or third premises as may be designated by the
commission.
(f) To purchase from or
through the commission brandy or other distilled liquors for fortifying wines.
(g) To obtain a special
events winery license that shall entitle the holder to conduct the activities
allowed under [paragraph (c)]
paragraphs (c) and (d) of this subsection at a designated
location other than the one set forth in the winery license for a period not to
exceed five days.
(2) In order to hold a
winery license the licensee shall principally produce wine or cider in this
state.
(3) On and after July 1,
1990, a winery licensee is not authorized to import wine or cider in bottles
unless the brand of wine or cider is owned by the licensee.
(4) A winery licensee is
authorized to ship not more than two cases of wine or cider per month for
personal use and not for resale, containing not more than nine liters per case
to any resident of this state who is at least 21 years of age. The shipping
container of any wine or cider shipped under this subsection must be clearly
labeled to indicate that the container contains alcoholic beverages and cannot
be delivered to a person who is not at least 21 years of age or to a person who
is visibly intoxicated. Orders for shipments under this subsection may be taken
by phone, mail or any other form of communication.
(5)(a) Except as
provided in paragraph (b) of this subsection, a winery licensee, or any person
having an interest in the licensee, may also hold a full on-premises sales
license. If a person holds both a winery license and a full on-premises sales
license, nothing in this chapter shall prevent the sale by the licensee of both
distilled liquor and wine or cider bottled and produced under the winery
license.
(b) The commission may
not issue a full on-premises sales license to a winery licensee under the
provisions of this subsection if the winery licensee, or any person having an
interest in the licensee or exercising control over the licensee, is a
distillery, a brewery that brews more than 200,000 barrels of malt beverages
annually or a winery that produces more than 200,000 gallons of wine or cider
annually.
(6) More than one winery
licensee may exercise the privileges of a winery license at a single location.
The commission may not refuse to issue a winery license to a person for the
production of wine or cider on specified premises based on the fact that other
winery licensees also produce wine or cider on those premises.
SECTION 2. The amendments to ORS 471.223 by section 1
of this 2007 Act apply to all winery licenses, whether issued before, on or
after the effective date of this 2007 Act.
SECTION 3. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor April 9, 2007
Filed in the office of Secretary of State April 9, 2007
Effective date April 9, 2007
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