Chapter 240 Oregon Laws 2009

AN ACT

SB 135

Relating to alcoholic beverages; creating new provisions; and amending ORS 471.404.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS chapter 471.

SECTION 2. The Oregon Liquor Control Commission may issue a manufacturer or other person a certificate of approval authorizing the import of distilled liquor manufactured by a distillery not licensed under ORS 471.230. The commission may establish by rule:

          (1) The conditions under which a manufacturer or other person may qualify for a certificate of approval;

          (2) The products covered by the certificate of approval;

          (3) Any conditions or limitations placed on imports under the certificate of approval; and

          (4) The grounds for suspension or revocation of a certificate of approval.

SECTION 3. ORS 471.404 is amended to read:

          471.404. (1) [No] Alcoholic liquor [shall] may not be imported into this state by any person [not holding] other than a holder of a brewery, winery, distillery or wholesaler’s license, except as follows:

          (a) Alcoholic liquor ordered by and en route to the Oregon Liquor Control Commission, under a certificate of approval issued by the commission.

          (b) Wines for sacramental purposes according to rules adopted by the commission.

          (c) Alcoholic liquor that is in transit on a common carrier to a destination outside Oregon.

          (d) Alcoholic liquor coming into Oregon on a common carrier according to orders placed by a licensed brewery, winery or wholesaler.

          [(e) Imported alcoholic liquor pursuant to a permit issued under subsection (2) of this section.]

(e) Grain and ethyl alcohol for scientific, pharmaceutical, manufacturing, mechanical or industrial use, under a certificate of approval issued by the commission.

          (f) Wine or cider that is sold and transported by the holder of a wine self-distribution permit to a retail licensee that has the endorsement described in ORS 471.274 (5).

          (g) Wine or cider shipped directly to a resident of this state under a direct shipper permit issued pursuant to ORS 471.282.

          (2) The commission may require importers of alcoholic liquor to [secure a permit for each importation and may charge] pay a reasonable handling fee based on the quantity and type [for the permit] of alcoholic liquor being imported.

SECTION 4. The amendments to ORS 471.404 by section 3 of this 2009 Act become operative 90 days after the effective date of this 2009 Act.

Approved by the Governor June 11, 2009

Filed in the office of Secretary of State June 11, 2009

Effective date January 1, 2010

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