75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1959
House Bill 3126
Sponsored by COMMITTEE ON BUSINESS AND LABOR
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes holder of off-premises sales license, under certain
conditions, to store wine at licensed premises for transport to
other licensed premises for sale at retail.
Authorizes sale of transported wine at receiving premises on
behalf of transporting holder.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the transportation of wine by holders of off-premises
sales licenses; creating new provisions; amending ORS 471.186;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.186, as amended by section 1, chapter 34,
Oregon Laws 2008, is amended to read:
471.186. (1) The holder of an off-premises sales license may
sell factory-sealed containers of wine, malt beverages and cider.
Containers of malt beverages sold under the license may not hold
more than two and one-quarter gallons.
(2) The holder of an off-premises sales license may provide
sample tasting of alcoholic beverages on the licensed premises if
the licensee makes written application to the Oregon Liquor
Control Commission and receives approval from the commission to
conduct tastings on the premises. Tastings must be limited to the
alcoholic beverages that may be sold under the privileges of the
license.
(3) An off-premises sales license may not be issued for use at
a premises that is mobile.
(4) Except as provided in ORS 471.402, a manufacturer or
wholesaler may not provide or pay for sample tastings of
alcoholic beverages for the public on premises licensed under an
off-premises sales license.
(5) The holder of an off-premises sales license may deliver
wine or cider that is sold under the privileges of the license to
retail customers in this state without a direct shipper permit
issued under ORS 471.282. Any deliveries by the holder of an
off-premises sales license are subject to any rules adopted by
the commission relating to deliveries made under this subsection.
Deliveries under this subsection:
(a) May be made only to a person who is at least 21 years of
age;
(b) May be made only for personal use and not for the purpose
of resale; and
(c) Must be made in containers that are conspicuously labeled
with the words: 'CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21
YEARS OR OLDER REQUIRED FOR DELIVERY. '
(6) The holder of an off-premises sales license that makes
deliveries of wine or cider under subsection (5) of this section
must take all actions necessary to ensure that a 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.
(7) Any person who knowingly or negligently delivers wine or
cider under the provisions of this section to a person under 21
years of age, or who knowingly or negligently delivers wine or
cider under the provisions of this section to a visibly
intoxicated person, violates ORS 471.410.
(8) If a court determines that deliveries of wine or cider
under subsection (5) of this section cannot be restricted to
holders of off-premises sales licenses, and the decision is a
final judgment that is no longer subject to appeal, the holder of
an off-premises sales license may not make deliveries of wine or
cider under the provisions of subsection (5) of this section
after entry of the final judgment.
{ + (9) The holder of an off-premises sales license may store
wine at the licensed premises and cause the wine to be
transported to another premises that is licensed for off-premises
sales if:
(a) The operator of the premises receiving the transported wine
is not the holder who causes the wine to be transported;
(b) The premises receiving the transported wine is operated
under a contract with the holder who causes the wine to be
transported;
(c) The holder who causes the wine to be transported takes
title to the wine no later than when the wine is delivered to the
licensed premises at which the holder will store the wine before
transportation;
(d) The holder who causes the wine to be transported retains
title to the wine until the wine is sold at retail;
(e) The holder who causes the wine to be transported has an
ownership or leasehold interest in the premises receiving the
wine; and
(f) The holder causes the wine to be transported to the
receiving premises:
(A) On a vehicle owned or operated by the holder; or
(B) On a common carrier.
(10) Notwithstanding ORS 471.305, if the holder of an
off-premises sales license causes wine to be transported to
another premises as provided under subsection (9) of this
section, the operator of the receiving premises may sell the
transported wine on behalf of the holder at retail at the
receiving premises. + }
SECTION 2. { + The amendments to ORS 471.186 by section 1 of
this 2009 Act apply to the transportation and sale of wine
before, on or after the effective date of this 2009 Act. + }
SECTION 3. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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