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 2103
Senate Bill 604
Sponsored by Senator METSGER
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.
Creates salesperson license and distillery representative
license to be issued by Oregon Liquor Control Commission.
Prescribes activities authorized by licenses, license terms and
license fees.
Increases annual license fee for distillery licenses and
wholesale malt beverage and wine licenses to $500.
A BILL FOR AN ACT
Relating to licenses issued by the Oregon Liquor Control
Commission; creating new provisions; and amending ORS 471.162,
471.294, 471.311 and 471.392.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2009 Act are added to
and made a part of ORS chapter 471. + }
SECTION 2. { + (1) A salesperson license allows the holder to:
(a) Sell to, offer to sell to or solicit orders from retail
licensees for malt beverages, wine or cider on behalf of specific
manufacturers or wholesalers; and
(b) Engage in promotional activities directed to retail
licensees or their customers designed to encourage the sale of
malt beverages, wine or cider produced by specific manufacturers
or wholesalers. Promotional activities under a salesperson
license may not violate the prohibitions of ORS 471.392 to
471.400.
(2) A salesperson license may be issued only to a person who
works for or represents a manufacturer or wholesaler of malt
beverages, wine or cider. A person who works for or represents a
manufacturer or wholesaler of malt beverages, wine or cider may
engage in the activities described in subsection (1) of this
section only if the person holds a salesperson license issued
under this section.
(3) Notwithstanding ORS 471.392 to 471.400, a person who holds
a salesperson license may hold a service permit issued under ORS
471.360 to 471.390. A person who holds a salesperson license may
serve malt beverages, wine and cider for on-premises consumption
only if:
(a) The person holds a service permit;
(b) The person is employed by or represents a specific
manufacturer or wholesaler of malt beverages, wine or cider at
the time the beverages are served; and
(c) The service of the alcoholic beverages for on-premises
consumption is authorized under the license held by the
manufacturer or wholesaler.
(4) For the purposes of this section, 'manufacturer or
wholesaler' means:
(a) A person who holds a brewery-public house license issued
under ORS 471.200, a brewery license issued under ORS 471.220, a
winery license issued under ORS 471.223, a grower sales privilege
license issued under ORS 471.227, a wholesale malt beverage and
wine license issued under ORS 471.235 or a warehouse license
issued under ORS 471.242.
(b) Any manufacturer of alcoholic liquors whose products are
sold in the State of Oregon. + }
SECTION 3. { + (1) A distillery representative license allows
the holder to:
(a) Sell to, offer to sell to or solicit orders for distilled
liquors from the Oregon Liquor Control Commission on behalf of
specific manufacturers or wholesalers; and
(b) Engage in promotional activities directed to retail
licensees or their customers designed to encourage the sale of
distilled liquors produced by specific manufacturers or
wholesalers. Promotional activities under a distillery
representative license may not violate the prohibitions of ORS
471.392 to 471.400.
(2) A distillery representative license may be issued only to a
person who works for or represents a manufacturer or wholesaler
of distilled liquor. A person who works for or represents a
manufacturer or wholesaler of distilled liquor may engage in the
activities described in subsection (1) of this section only if
the person holds a distillery representative license issued under
this section.
(3) Notwithstanding ORS 471.392 to 471.400, a person who holds
a distillery representative license may hold a service permit
issued under ORS 471.360 to 471.390. A person who holds a
distillery representative license may serve distilled liquor for
on-premises consumption only if:
(a) The person holds a service permit;
(b) The person is employed by or represents a specific
manufacturer or wholesaler of distilled liquor at the time the
beverages are served; and
(c) The service of the distilled liquor for on-premises
consumption is authorized under the license held by the
manufacturer or wholesaler. + }
SECTION 4. ORS 471.162 is amended to read:
471.162. (1) Hospitals, sanitariums, convalescent homes, rest
homes, retirement homes and facilities for the care of the
elderly that have been licensed or registered by the state may
sell and serve alcoholic beverages to patients, inmates and
residents, and to bona fide visitors and guests of patients,
inmates and residents, without a license issued under this
chapter. Facilities authorized to sell and serve alcoholic
beverages without a license under this subsection may not sell or
serve alcoholic beverages after 10 p.m. except upon a physician's
prescription.
(2) A person who operates a private residence that is not a
boarding house but that accommodates transient guests for a
limited duration may sell and serve wine, malt beverages and
cider to registered overnight guests without a license.
Facilities authorized to sell and serve alcoholic beverages
without a license under this subsection must have six or fewer
guest units.
{ - (3) A person who is an employee or agent of the holder of
a license issued under this chapter that authorizes wholesale
distribution of alcoholic beverages may, on behalf of the
licensee, sell alcoholic beverages in factory-sealed containers
to retail licensees and wholesalers. - }
{ - (4) - } { + (3) + } A pharmacist licensed under the
laws of this state may sell alcoholic beverages without a
license. Pharmacists may only sell alcoholic beverages under the
provisions of this section if the alcoholic beverages are drugs
as defined in ORS 689.005. A pharmacist may sell alcoholic
beverages under the provisions of this subsection pursuant to a
prescription, in containers of not more than one quart capacity.
{ - (5) - } { + (4) + } A wine collector, or the agent of a
wine collector, may sell wine in factory-sealed containers at
auction without a license. Any wine sold under this subsection
must have been held by the collector for at least a six-month
period. A wine collector must receive written approval from the
Oregon Liquor Control Commission before conducting a sale under
this subsection. No more than one sale in a 12-month period may
be conducted by a wine collector under the provisions of this
subsection.
{ - (6) - } { + (5) + } A nonprofit or charitable
organization registered with the state may sell wine and malt
beverages in factory-sealed containers at auction without a
license. The organization must receive written approval from the
commission before conducting a sale under this subsection. No
more than one sale in a 12-month period may be conducted by an
organization under the provisions of this subsection.
{ - (7) - } { + (6) + } A manufacturer may sell proprietary
or patent medicines, perfumes, lotions, flavoring extracts,
medicinal tinctures and other preparations unfit for beverage
purposes without a license.
SECTION 5. ORS 471.294 is amended to read:
471.294. (1) Except as otherwise provided in this section, all
licenses under this chapter and renewals thereof { - shall
be - } { + are + } issued for a period of one year { - which
shall - } { + and + } expire at 12 midnight on March 31, June
30, September 30 or December 31 of each year.
(2) Notwithstanding subsection (1) of this section, a license
issued for the first time to an applicant may be issued for less
than a year. The fee for a license issued for less than a year
under this subsection is the annual license fee prescribed by ORS
471.311.
(3) The term of a temporary letter of authority or license
issued under ORS 471.302 or any temporary sales license is the
period fixed by the Oregon Liquor Control Commission when the
letter or license is issued.
{ + (4) Salesperson licenses under section 2 of this 2009 Act
and distillery representative licenses under section 3 of this
2009 Act are issued for a period not to exceed two years,
commencing on the date of issuance and ending on December 31 of
the calendar year next following the year of issuance. Renewals
of salesperson licenses and distillery representative licenses
are for a period of two years. + }
SECTION 6. ORS 471.311 is amended to read:
471.311. (1) Any person desiring a license or renewal of a
license under this chapter shall make application to the Oregon
Liquor Control Commission upon forms to be furnished by the
commission showing the name and address of the applicant,
location of the place of business that is to be operated under
the license, and such other pertinent information as the
commission may require. No license shall be granted or renewed
until the applicant has complied with the provisions of this
chapter and the rules of the commission.
(2) The commission may reject any application that is not
submitted in the form required by rule. The commission shall give
applicants an opportunity to be heard if an application is
rejected. A hearing under this subsection is not subject to the
requirements for contested case proceedings under ORS chapter
183.
(3) Subject to subsection (4) of this section, the commission
shall assess a nonrefundable fee for processing a renewal
application for any license authorized by this chapter only if
the renewal application is received by the commission less than
20 days before expiration of the license. If the renewal
application is received prior to expiration of the license but
less than 20 days prior to expiration, this fee shall be 25
percent of the annual license fee. If a renewal application is
received by the commission after expiration of the license but no
more than 30 days after expiration, this fee shall be 40 percent
of the annual license fee. This subsection does not apply to a
certificate of approval, a brewery-public house license or any
license that is issued for a period of less than 30 days.
(4) The commission may waive the fee imposed under subsection
(3) of this section if it finds that failure to submit a timely
application was due to unforeseen circumstances or to a delay in
processing the application by the local governing authority that
is no fault of the licensee.
(5) The license fee is nonrefundable and shall be paid by each
applicant upon the granting or committing of a license. Subject
to ORS 471.155 and 473.065, the annual or daily license fee and
the minimum bond required of each class of license under this
chapter are as follows:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Minimum
License Fee Bond
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Brewery, including Certificate
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
of Approval $ 500 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Winery 250 1,000
Distillery 100 None
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Wholesale Malt Beverage
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
and Wine 275 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Distillery 500 None
Wholesale Malt Beverage
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
and Wine 500 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Warehouse 100 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Special events winery
license may be
issued to a
winery licensee a$ 10 per day
Brewery-Public House,
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
including Certificate
of Approval $ 250 1,000
Limited On-Premises$S200s None
Off-Premises Sales $ 100 None
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Temporary Sales $ 50 per day
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Grower sales privilege
license $ 250 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Special events grower
sales privilege
license $ 10 per day
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(6) The fee for a certificate of approval or special
certificate of approval granted under ORS 471.244 is
nonrefundable and must be paid by each applicant upon the
granting or committing of a certificate of approval or special
certificate of approval. No bond is required for the granting of
a certificate of approval or special certificate of approval.
Certificates of approval are valid for a period commencing on the
date of issuance and ending on December 31 of the fifth calendar
year following the calendar year of issuance. The fee for a
certificate of approval is $175. Special certificates of
approval are valid for a period of 30 days. The fee for a special
certificate of approval is $10.
(7) Except as provided in subsection (8) of this section, the
annual license fee for a full on-premises sales license is $400.
No bond is required for any full on-premises sales license.
(8) The annual license fee for a full on-premises sales license
held by a private club as described in ORS 471.175 (8), or held
by a nonprofit or charitable organization that is registered with
the state, is $200.
(9) The annual fee for a wine self-distribution permit is $100,
and the minimum bond is $1,000.
{ + (10) The license fee for issuance or renewal of a
salesperson license or a distillery representative license is
$200. The license is valid for the period described in ORS
471.294 (4). No bond is required for a salesperson license or a
distillery representative license. + }
SECTION 7. ORS 471.392 is amended to read:
471.392. For the purposes of ORS 471.392 to 471.400:
(1) 'Manufacturer or wholesaler' means:
(a) A person holding a brewery license issued under ORS
471.220, a winery license issued under ORS 471.223, a grower
sales privilege license issued under ORS 471.227, a distillery
license issued under ORS 471.230, a wholesale malt beverage and
wine license issued under ORS 471.235 { + , + } { - or - } a
warehouse license issued under ORS 471.242 { + , a salesperson
license issued under section 2 of this 2009 Act or a distillery
representative license issued under section 3 of this 2009
Act + }.
(b) Any manufacturer of alcoholic liquors whose products are
sold in the State of Oregon.
(2) 'Retail licensee' means the holder of a full or limited
on-premises sales license, an off-premises sales license or a
temporary sales license. 'Retail licensee' does not include a
bona fide trade association that represents retail licensees and
that is open to all persons licensed under at least one type of
retail license.
----------