Chapter 443
AN ACT
HB 2168
Relating to temporary sales licenses issued
by Oregon Liquor Control Commission; amending ORS 471.190 and 471.311.
Be It Enacted by the People of
the State of
SECTION 1. ORS 471.311 is amended to read:
471.311. (1) Any person
desiring a license or renewal of a license under this chapter shall make
application to the Oregon Liquor Control Commission upon forms to be furnished
by the commission showing the name and address of the applicant, location of
the place of business that is to be operated under the license, and such other
pertinent information as the commission may require. No license shall be
granted or renewed until the applicant has complied with the provisions of [the Liquor Control Act, the provisions of
the
(2) The commission may
reject any application that is not submitted in the form required by rule. The
commission shall give applicants an opportunity to be heard if an application
is rejected. A hearing under this subsection is not subject to the requirements
for contested case proceedings under ORS chapter 183.
(3) Subject to
subsection (4) of this section, the commission shall assess a nonrefundable fee
for processing a renewal application for any license authorized by this chapter
only if the renewal application is received by the commission less than 20 days
before expiration of the license. If the renewal application is received prior
to expiration of the license but less than 20 days prior to expiration, this
fee shall be 25 percent of the annual license fee. If a renewal application is
received by the commission after expiration of the license but no more than 30
days after expiration, this fee shall be 40 percent of the annual license fee.
This subsection does not apply to a certificate of approval, a brewery-public
house license or any license that is issued for a period of less than 30 days.
(4) The commission may
waive the fee imposed under subsection (3) of this section if it finds that
failure to submit a timely application was due to unforeseen circumstances or
to a delay in processing the application by the local governing authority that
is no fault of the licensee.
(5) The [annual] license fee is nonrefundable and
shall be paid by each applicant upon the granting or committing of a license.
Subject to ORS 471.155 and 473.065, the annual or daily license fee and
the minimum bond required of each class of license under this chapter are as
follows:
______________________________________________________________________________
Minimum
License Fee Bond
Brewery, including
Certificate of Approval $ 500 $ 1,000
Winery 250 1,000
Distillery 100 None
Wholesale Malt
Beverage and Wine 275 1,000
Warehouse 100 1,000
Special events winery
license
may be
issued
to a
winery
licensee at $
10 per day
Brewery-Public House,
including
Certificate
of
Approval $ 250 $ 1,000
Limited On-Premises Sales $ 200 None
Off-Premises Sales $ 100 None
Temporary Sales [$ 25 for events
lasting five hours
or less and
$25
for each
additional period
of five hours
or less:]
$ 50 per day
Grower sales privilege
license $ 250 $ 1,000
Special events grower
sales
privilege
license $ 10
per day
______________________________________________________________________________
(6) The fee for a
certificate of approval or special certificate of approval granted under ORS
471.289 is nonrefundable and must be paid by each applicant upon the granting
or committing of a certificate of approval or special certificate of approval.
No bond is required for the granting of a certificate of approval or special
certificate of approval. Certificates of approval are valid for a period
commencing on the date of issuance and ending on December 31 of the fifth
calendar year following the calendar year of issuance. The fee for a
certificate of approval is $175. Special certificates of approval are valid for
a period of 30 days. The fee for a special certificate of approval is $10.
(7) Except as provided
in subsection (8) of this section, the annual license fee for a full
on-premises sales license is $400. No bond is required for any full on-premises
sales license.
(8) The annual license
fee for a full on-premises sales license held by a private club as described in
ORS 471.175 (8), or held by a nonprofit or charitable organization that is
registered with the state, is $200.
SECTION 2. ORS 471.190 is amended to read:
471.190. (1) The holder
of a temporary sales license may sell at retail by the drink wine, malt
beverages, cider and distilled liquor. Distilled liquor served by the holder of
a temporary sales license must be purchased from a retail sales agent of the
Oregon Liquor Control Commission. The holder of a temporary sales license must
provide food service as required by commission rule.
(2) A temporary sales
license may be issued only to:
(a) Nonprofit or
charitable organizations that are registered with the state.
(b) A political
committee that has filed a statement of organization under ORS 260.039 or
260.042.
(c) State agencies.
(d) Local governments,
and agencies and departments of local governments.
[(e) Persons not otherwise described in this subsection if, under the
rules of the commission applicable to the presence of minor patrons on licensed
premises, minor patrons would be allowed to be anywhere on the licensed
premises during the time that the event is occurring.]
(e) Persons not
otherwise described in this subsection, as long as the applicant submits a plan
that is approved by the commission detailing how minors will be prevented from
gaining access to alcoholic beverages and how minors will be prevented from
gaining access to any portion of the licensed premises prohibited to minors
under ORS 471.430 (3) or any rule adopted by the commission.
(3) The holder of a
temporary sales license may sell [or
raffle] wine, malt beverages or cider in factory-sealed containers for
consumption off the licensed premises.
(4) The commission may
by rule establish additional eligibility requirements for temporary sales
licenses.
(5) Subject to such
qualifications as the commission may establish by rule, persons who hold a full
or limited on-premises sales license are eligible for temporary sales licenses.
(6) A person holding a
temporary sales license is not required to obtain a temporary restaurant
license or mobile unit license under ORS chapter 624 if only wine, malt
beverages and cider in single-service containers are served and only
nonperishable food items that are exempted from licensure by the Department of
Human Services are served.
(7) Employees and
volunteers serving alcoholic beverages for a nonprofit or charitable
organization licensed under this section are not required to have server
permits nor to complete an alcohol server education
program and examination under ORS 471.542. The commission by rule may establish
education requirements for servers described in this subsection.
(8) Notwithstanding
ORS 471.392 to 471.400, a temporary sales license may be issued to a nonprofit
trade association that has a membership primarily comprised of persons that
hold winery licenses issued under ORS 471.223 or grower sales privilege
licenses issued under ORS 471.227.
Approved by the Governor June 18, 2007
Filed in the office of Secretary of State June 19, 2007
Effective date January 1, 2008
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