74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 2164
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Oregon Liquor Control Commission and Office of
  Regulatory Streamlining of Department of Consumer and Business
  Services)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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 Oregon:
 
  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.
 
 
Enrolled House Bill 2164 (HB 2164-INTRO)                   Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by House February 15, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate March 27, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2164 (HB 2164-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2164 (HB 2164-INTRO)                   Page 3