74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 2486
 
Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of
  Oregon Winegrowers' Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to alcoholic beverages; amending ORS 471.155 and
  473.065.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 471.155 is amended to read:
  471.155. (1) The Oregon Liquor Control Commission shall provide
for the licensing of persons and cities within the state to
manufacture, distribute, take orders for and sell spirits, wines,
beer and other alcoholic liquors. Except as provided in
subsection (2) of this section, every licensee or applicant for a
brewery, winery, wholesale, warehouse, grower sales privilege or
brewery-public house license shall give, and at all times
maintain on file with the commission, a bond with a corporate
surety authorized to transact business in this state. The bond
shall be in form and amount acceptable to the commission, shall
be payable to the commission and conditioned that such licensee
or applicant will pay any fine imposed for any violation of any
provision of the Liquor Control Act and that the licensee or
applicant will pay all license fees, privilege taxes,  { + taxes
imposed under ORS 473.045 and other + } taxes on alcoholic
liquors, together with penalties and interest thereon, levied or
assessed against the licensee or applicant under statutes
relating to the importation, manufacture, distribution, sale or
taxation of alcoholic liquors in the State of Oregon.
  (2) Under such conditions as the commission may prescribe, a
brewery, winery, wholesale, warehouse, grower sales privilege or
brewery-public house licensee or applicant may deposit in lieu of
the bond required by subsection (1) of this section, the
equivalent value in cash, bank letters of credit recognized by
the State Treasurer or negotiable securities of a character
approved by the State Treasurer. The deposit is to be made in a
bank or trust company for the benefit of the commission. Interest
on deposited funds or securities shall accrue to the depositor.
  SECTION 2. ORS 473.065 is amended to read:
  473.065. (1) If a manufacturer's total tax liability under ORS
473.030 (1) in the previous calendar year was less than $1,000,
the manufacturer may deposit with the Oregon Liquor Control
Commission an amount in cash equal to the manufacturer's total
tax liability under ORS 473.030 (1) for the previous calendar
year in lieu of the bond required by ORS 471.155 (1).
  (2) If a manufacturer's actual tax liability under ORS 473.030
(1) is less than the amount deposited under subsection (1) of
 
 
Enrolled House Bill 2486 (HB 2486-INTRO)                   Page 1
 
 
 
this section, the manufacturer may request that the commission
refund the excess funds or may apply those funds toward the
manufacturer's tax liability under ORS 473.030 (1) for the next
calendar year.
  (3) If a manufacturer's actual tax liability under ORS 473.030
(1) is greater than the amount deposited under subsection (1) of
this section, the manufacturer shall pay to the commission the
additional amount owed in the manner required under ORS 473.060.
 { +
  (4) Unless the commission determines that a winery licensee
presents an unusual risk for nonpayment of any license fees,
privilege taxes, agricultural products taxes or other tax,
penalty or interest imposed under this chapter or ORS chapter
471, the commission shall waive the bond required under ORS
471.155 (1) for the winery licensee if:
  (a) The licensee was not liable for a privilege tax under this
chapter in the immediately preceding calendar year and does not
expect to be liable for a privilege tax under this chapter in the
current calendar year; or
  (b) The winery was established during the current calendar year
and the licensee does not expect to be liable for a privilege tax
under this chapter in the current calendar year. + }
                         ----------
 
 
Passed by House April 16, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 24, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2486 (HB 2486-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 2486 (HB 2486-INTRO)                   Page 3