Chapter 638
AN ACT
HB 2487
Relating to warehouse licenses; amending ORS 471.242.
Be It Enacted by the People of
the State of
SECTION 1. ORS 471.242 is amended to read:
471.242. (1) A warehouse
license shall allow the licensee to store, import, bottle, produce, blend,
transport and export nontax paid, bonded wine or wine on which the tax is paid
and to store, import and export nontax paid malt beverages and cider, or malt
beverages and cider on which the tax is paid. Wine, cider and malt beverages
may be removed from the licensed premises only for:
(a)
(b)
(c)
(d)
(e) Shipment of wine or
cider produced by a winery licensee to a licensee of the Oregon Liquor Control
Commission authorized to sell wine or cider at retail if the shipment is made
pursuant to a sale to the retail licensee by the holder of a winery [licensed] license issued under
ORS 471.223, a grower sales privilege license issued under ORS 471.227 or a
wholesale malt beverage and wine license issued under ORS 471.235; or
(f) Shipment of wine or
cider to a person for personal use, as described in subsection (7) of this
section.
(2) A license applicant
must hold an approved registration for a bonded wine cellar or winery under
federal law.
(3) For the purposes of
tax reporting, payment and record keeping, the provisions that shall apply to a
manufacturer under ORS chapter 473 shall apply to a warehouse licensee.
(4) A warehouse must be
physically secure in an area zoned for the intended use and be physically
separated from any other use.
(5) For purposes of ORS
471.392 to 471.400, a warehouse licensee shall be considered a manufacturer.
(6) For purposes of ORS
473.045, a warehouse licensee shall be considered a winery licensee.
(7) Wine or cider may
be removed from the premises licensed under this section for shipment pursuant
to a sale under ORS 471.229. The warehouse licensee shall take reasonable steps
to ensure that shipments are made in containers that are conspicuously labeled
with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER
REQUIRED FOR DELIVERY.” In addition, the warehouse licensee shall take
reasonable steps to ensure that any carrier used by the licensee does not
deliver any wine or cider unless the carrier:
(a)
Obtains the signature of the recipient of the wine or cider upon delivery;
(b) Verifies by inspecting
government-issued photo identification that the recipient is at least 21 years
of age; and
(c)
Determines that the recipient is not visibly intoxicated at the time of
delivery.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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