74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2487
Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of
Oregon Winegrowers' Association)
CHAPTER ................
AN ACT
Relating to warehouse licenses; amending ORS 471.242.
Be It Enacted by the People of the State of Oregon:
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) Sale for export;
(b) Sale or shipment to a wholesale malt beverage and wine
licensee;
(c) Sale or shipment to another warehouse licensee;
(d) Sale or shipment to a winery licensee; { - or - }
(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:
Enrolled House Bill 2487 (HB 2487-A) Page 1
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. + }
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Passed by House April 10, 2007
Repassed by House June 8, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 7, 2007
...........................................................
President of Senate
Enrolled House Bill 2487 (HB 2487-A) 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 2487 (HB 2487-A) Page 3