Bill Text: OR HB3180 | 2013 | Regular Session | Introduced
Bill Title: Relating to alcoholic beverages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3180 Detail]
Download: Oregon-2013-HB3180-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2482
House Bill 3180
Sponsored by Representative HOLVEY
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 to store wine,
cider and malt beverages at licensed premises for transport to
other premises of holder licensed for off-premises sales.
Allows full or limited on-premises sales licensee or
off-premises sales licensee to take physical possession of wine,
cider or malt beverages directly from manufacturer or wholesaler
either at licensee's premises or for transport by licensee.
Authorizes brewery to deliver malt beverages directly to Oregon
Liquor Control Commission or licensee of commission. Expands
on-premises sales authority of brewery.
A BILL FOR AN ACT
Relating to alcoholic beverages; creating new provisions; and
amending ORS 471.155, 471.168, 471.186, 471.220, 471.242,
471.272, 471.274, 471.305, 471.311, 471.392, 471.404, 471.485,
471.490, 471.495, 473.065 and 473.150.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 471. + }
SECTION 2. { + (1) In addition to the activities listed in ORS
471.186, an off-premises sales licensee may:
(a) Subject to subsection (4) of this section, receive wine,
cider and malt beverages at an off-premises sales location owned
in whole or in part by the licensee directly from a wholesale
malt beverage and wine licensee, a licensed winery, brewery,
distributor or a holder of a self-distribution permit;
(b) Hold wine, cider and malt beverages in storage at the
location; and
(c) Transport wine, cider and malt beverages from the location
to other off-premises sales locations owned in whole or in part
by the off-premises sales licensee.
(2) An off-premises sales licensee may receive wine, cider or
malt beverages at a location under subsection (1)(a) of this
section only if the wine, cider or malt beverages are transported
to the location:
(a) On a vehicle owned or operated by the off-premises sales
licensee;
(b) On a vehicle owned by the wholesale malt beverage and wine
licensee or licensed winery or brewery selling the wine, cider or
malt beverages;
(c) On a vehicle owned by the self-distribution permit holder
selling the wine, cider or malt beverages; or
(d) On a common carrier.
(3) Activities described in this section do not qualify the
off-premises sales licensee as a manufacturer or wholesaler for
purposes of ORS 471.392 to 471.400.
(4) An off-premises sales licensee may receive wine, cider or
malt beverages from a wholesale malt beverage and wine licensee
under this section only if the wholesale malt beverage and wine
licensee has paid the taxes on the wine, cider or malt beverages.
Except as provided in this subsection, an off-premises sales
licensee that receives wine, cider or malt beverages from a
holder of a self-distribution permit must pay the taxes imposed
under ORS chapter 473 and comply with reporting requirements
imposed by ORS chapter 473. This subsection does not require the
off-premises sales licensee to pay taxes imposed by ORS chapter
473 if:
(a) The holder of the self-distribution permit has paid the
taxes and complied with the reporting requirements; or
(b) The wine received is wine exempted from taxation under ORS
473.050 (5).
(5) An off-premises licensee that transports wine, cider or
malt beverages under this section is not required to report the
transportation under ORS 473.160. + }
SECTION 3. 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, the holder of a brewery, winery,
wholesale, warehouse, grower sales privilege or brewery-public
house license or the holder of a { - wine - }
self-distribution permit 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 the licensee or permittee
will pay any fine imposed for any violation of any provision of
the Liquor Control Act and that the licensee or permittee 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 permittee 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, the
holder of a brewery, winery, wholesale, warehouse, grower sales
privilege or brewery-public house license or the holder of a
{ - wine - } self-distribution permit 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 4. ORS 471.168 is amended to read:
471.168. (1) For the purpose of providing coverage for injuries
suffered by persons by reason of the conduct of intoxicated
persons who were served alcoholic beverages on licensed premises
while visibly intoxicated, all persons holding a license
described in this section must either:
(a) Maintain liquor liability insurance of not less than
$300,000; or
(b) Maintain a bond with a corporate surety authorized to
transact business in this state in the amount of not less than
$300,000.
(2) The Oregon Liquor Control Commission may by rule require
liquor liability insurance or bond in an amount larger than the
minimum amount provided for in subsection (1) of this section.
(3) The requirements of this section apply to full on-premises
sales licenses, limited on-premises sales licenses and
brewery-public house licenses. The requirements of this section
apply to temporary sales licenses, special events winery
licenses, special events grower sales privilege licenses, special
events brewery-public house licenses { + , special events brewery
licenses + } and special events distillery licenses if the event
that is licensed is open to the public and attendance at the
event is anticipated to exceed 300 individuals per day.
(4) The requirements of this section apply to winery licenses,
brewery licenses and grower sales privilege licenses unless an
applicant for issuance of the license or renewal of the license
submits with the application for issuance or renewal of the
license an affidavit that states that the licensee will not allow
consumption of alcoholic beverages on the premises.
(5) All licensees subject to the requirements of this section
must supply proof of compliance at the time the license is issued
or renewed. The commission by rule shall determine the manner in
which proof of compliance may be made under the provisions of
this subsection. The commission may require a licensee to present
proof of compliance with liquor liability insurance and bond
requirements at any time upon request of the commission.
(6) Failure of a licensee to comply with liquor liability
insurance or bond requirements imposed under this section
constitutes a serious threat to public health and safety. In
addition to any action available to the commission under ORS
471.313 or 471.315, the commission may immediately suspend or
refuse renewal of a license as provided under ORS 183.430 (2) if
the licensee fails to comply with those insurance or bond
requirements.
(7) If a licensee fails to provide proof of compliance with
liquor liability insurance or bond requirements imposed under
this section at the time of license renewal or when requested by
the commission, the failure is sufficient reason for the
commission to find for purposes of ORS 183.430 (2) that the
licensee has failed to comply with the insurance or bond
requirements.
SECTION 5. ORS 471.186 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
transport or cause the transportation of wine, cider or malt
beverages from the licensed premises to another premises of the
holder that is licensed for off-premises sales if the holder
complies with section 2 of this 2013 Act. + }
SECTION 6. ORS 471.220 is amended to read:
471.220. (1) A brewery license shall allow the manufacture,
importation, storage, transportation, wholesale sale and
distribution to licensees of the Oregon Liquor Control
Commission, and the export of malt beverages. A brewery licensee
may not sell within the State of Oregon any beer containing more
than six percent alcohol by volume. { - Except as provided in
subsection (2) of this section, a brewery licensee may not sell
malt beverages for consumption on the licensed premises. - }
(2) { + In addition to the privileges described in subsection
(1) of this section, + } a brewery licensee may:
{ + (a) Sell malt beverages brewed on the licensed premises
at wholesale to the commission or licensees of the
commission; + }
{ - (a) - } { + (b) + } Sell malt beverages brewed on the
licensed premises for consumption on { + or off + } the licensed
premises; { - and - }
{ + (c) Sell wine and cider for consumption on the licensed
premises;
(d) Sell for consumption off the licensed premises malt
beverages brewed on the licensed premises at retail in
pasteurized or unpasteurized form in securely covered containers
supplied by the consumer and having a capacity of not more than
two gallons each;
(e) Sell malt beverages in brewery sealed packages at retail
directly to the consumer for consumption off the premises;
(f) Conduct activities described in paragraphs (b) to (e) of
this subsection at one location other than the premises where
manufacturing occurs;
(g) Obtain a special events brewery license to conduct
activities described in paragraphs (b), (c) and (e) of this
subsection at a designated location other than the premises set
forth in the brewery license for a period not exceeding five
days; and + }
{ - (b) - } { + (h) + } Sell malt beverages brewed on the
licensed premises, in quantities of not less than four gallons,
to an unlicensed organization, lodge, picnic party or private
gathering.
{ + (3) + } An unlicensed organization, lodge, picnic party
or private gathering may not resell the malt beverages that a
brewery licensee sells under { - this - } paragraph { +
(2)(h) of this section + }.
SECTION 7. 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;
(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 - } { + wine, cider or malt beverages at
retail + } pursuant to a sale to the retail licensee by the
holder of a { + brewery license issued under ORS 471.220, + }
winery 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) Sale for delivery and receipt at the premises of the
wholesale seller to a licensee of the commission authorized to
sell wine, cider or malt beverages at retail pursuant to a sale
to the retail licensee by the holder of a brewery license issued
under ORS 471.220, winery 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) - } { + (g) + } 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
471.282. The warehouse licensee shall take reasonable steps to
ensure that shipments are made in containers that are
conspicuously labeled with the words: 'CONTAINS
ALCOHOL: 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.
SECTION 8. ORS 471.272 is amended to read:
471.272. (1) { - Wine or cider may be shipped or transported
by a licensee or permit holder described in subsection (2) of
this section only by employees of the licensee or permit holder,
or by a common carrier using a commission-approved delivery
plan. - } The holder of a { - wine - } { + brewery, winery,
grower sales privilege, wholesale malt beverage and wine, or
warehouse license or a + } self-distribution permit that uses a
common carrier to ship or transport wine { + , + } { - or - }
cider { + or malt beverages + }shall take reasonable steps to
ensure that the wine { + , + } { - or - } cider { + or malt
beverages are + }
{ - is - } sold and transported only to licensees that are
authorized { + under this chapter + } to receive the
wine { + , + } { - or - } cider { - under ORS 471.274 - }
{ + or malt beverages + }.
{ - (2) The provisions of this section apply to persons
holding wine self-distribution permits and the holders of winery
licenses, grower sales privilege licenses, wholesale malt
beverage and wine licenses and warehouse licenses issued by the
commission. - }
{ + (2) A brewery, winery, wholesale malt beverage and wine,
or warehouse licensee may allow a full or limited on-premises
sales licensee or off-premises sales licensee the option of
receiving delivery of wine, cider or malt beverages at the
premises of the brewery, winery, wholesale malt beverage and
wine, or warehouse licensee instead of receiving delivery at the
premises of the full or limited on-premises sales licensee or
off-premises sales licensee. + }
SECTION 9. ORS 471.274 is amended to read:
471.274. (1) The Oregon Liquor Control Commission may issue a
{ - wine - } self-distribution permit to a United States
manufacturer of wine { + , + } { - or - } cider { + or malt
beverages + }. The commission may issue a
{ - wine - } self-distribution permit only to a manufacturer
of wine { + , + }
{ - or - } cider { + or malt beverages + } that:
(a) Holds a license issued by another state that authorizes the
manufacture of wine { + , + } { - or - } cider { + or malt
beverages + }; and
(b) Holds a certificate of approval issued under ORS 471.244.
(2) The holder of a { - wine - } self-distribution permit
may sell at wholesale and transport wine { + , + } { - or - }
cider { + or malt beverages + } that the manufacturer produces
directly to the commission, or to retail licensees in the manner
provided by this section. A { - wine - } self-distribution
permit allows the holder to sell wine { + , + } { - or - }
cider { + or malt beverages + } that the holder produces only to
retail licensees who hold a valid endorsement issued by the
commission authorizing receipt of wine { + , + } { - or - }
cider { + or malt beverages + }from the holder of a
{ - wine - } self-distribution permit.
(3) In addition to the information required by ORS 471.311 for
licenses, an applicant for a { - wine - } self-distribution
permit shall provide the commission with a copy of the license
held by the applicant or with sufficient information to allow
verification of the license by electronic means or other means
acceptable to the commission. The applicant also shall provide
the commission with any information required by the commission to
establish that the license held by the applicant authorizes the
manufacture of wine { + , + } { - or - } cider { + or malt
beverages + }.
(4) { + Except as provided in this subsection, + } a person
holding a
{ - wine - } self-distribution permit is responsible for
paying all taxes imposed under ORS chapter 473, and for complying
with all reporting requirements imposed by ORS chapter 473, for
all wine { + , + }
{ - and - } cider { + and malt beverages + } sold and
transported to retail licensees in this state. { + + }The
commission may revoke, or refuse to issue, a { - wine - }
self-distribution permit if the holder of a permit fails to pay
taxes or make reports as required by ORS chapter 473. { + A
retail licensee that is required under this subsection to comply
with reporting requirements is exempt from the reporting
requirement imposed by subsection (6) of this section. + }
(5) A retail licensee may receive wine { + , + } { - or - }
cider { + or malt beverages + }from the holder of a
{ - wine - } self-distribution permit only if the licensee has
received prior authorization from the commission. Prior
authorization under this subsection must be made by an
endorsement to the license for the premises where the
wine { + , + }
{ - or - } cider { + or malt beverages + } will be received.
The commission may not charge or collect a fee for an endorsement
under this subsection.
(6)(a) Except as provided in { + subsection (4) of this
section or + } paragraph (b) of this subsection, a retail
licensee that receives wine { + , + } { - or - } cider { + or
malt beverages + }from holders of { - wine - }
self-distribution permits must make a monthly report to the
commission, using a form prescribed by the commission, listing
the amount of all wine { + , + } { - or - } cider { + and
malt beverages + }received from permit holders in the previous
month, and the names of the permit holders from whom the
wine { + , cider and malt beverages were + } { - or cider
was - } received. Retail licensees shall retain such purchase
records for products received from permit holders as may be
required by the commission.
(b) The holder of a full or limited on-premises sales license
is not required to file a report under this subsection for any
month in which { + the total amount of all wine, cider and malt
beverages that + } the licensee receives { - two or fewer cases
of wine - } from holders of { - wine - } self-distribution
permits { + does not exceed two cases + }.
(7) A manufacturer that is not licensed by the commission may
sell and transport wine { + , + } { - or - } cider { + or
malt beverages + } directly to a retail licensee, and a retail
licensee may receive wine { + , + } { - or - } cider { + or
malt beverages + }directly from a manufacturer that is not
licensed by the commission, only if the manufacturer holds a
{ - wine - } self-distribution permit issued under this
section.
(8) The holder of a { - wine - } self-distribution permit
consents to the jurisdiction of the commission and the courts of
this state for the purpose of enforcing the provisions of this
chapter, ORS chapter 473 and any related laws or rules.
(9) The holder of a { - wine - } self-distribution permit
must post a bond or other security, as described in ORS 471.155.
(10) The commission may revoke, or refuse to issue, a
{ - wine - } self-distribution permit if the holder of a permit
fails to comply with any provision of this section.
SECTION 10. ORS 471.305 is amended to read:
471.305. A brewery { + licensee, self-distribution permit
holder + } or a wholesale malt beverage and wine licensee shall
deliver malt beverages only to or on a licensed premises. The
sale of alcoholic liquors under any license issued by the Oregon
Liquor Control Commission authorizing retail sales by a licensee
shall be restricted to the premises described in the license, but
deliveries may be made by the licensee to customers pursuant to
bona fide orders received on the licensed premises prior to
delivery.
SECTION 11. 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 - } { + A + } license
{ - shall - } { + may not + } 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 - } { +
the + } 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 - } { + the + } 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 - } { + the commission + }
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 - } { +
must + } 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
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.
_______________________________________________________________
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 $ 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 Sales $ 200 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
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Special events
brewery license $ 10 per day
Special events
brewery-public house
license $ 10 per day
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Special events
distillery
license $ 10 per day
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END OF POSSIBLE IRREGULAR TABULAR TEXT
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(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 nonprofit 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.
SECTION 12. 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 { + or a person
holding a self-distribution permit issued under ORS 471.274 + }.
(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.
SECTION 13. ORS 471.404 is amended to read:
471.404. (1) Alcoholic liquor may not be imported into this
state by any person 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) 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 { + or malt
beverages + } that { - is - } { + are + } 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.
{ + (h) Alcohol described under ORS 471.406 (4) possessed by
an individual entering this state. + }
(2) The commission may require importers of alcoholic liquor to
pay a reasonable handling fee based on the quantity and type of
alcoholic liquor being imported.
SECTION 14. ORS 471.485 is amended to read:
471.485. { - No wholesale licensee or agent or employee
thereof shall sell or deliver, nor shall any retail licensee - }
{ + A licensee or the agent or employee of a licensee may not
sell or deliver, and a retail license may not + } purchase or
receive any malt beverages, cider or wine for currency on
delivery { + . + } { - , but such - } Malt beverages, cider or
wine { - shall - } { + must + } be paid for prior to delivery
{ - thereof - } , by electronic fund transfer initiated on or
before the date of delivery, or by valid check, order, negotiable
instrument or voucher payable on the date of delivery. { - The
wholesale licensee - } { + A licensee or an agent or employee
of a licensee + } may accept cash at the time of delivery if
{ - such - } acceptance does not create or increase the
licensee's, or the agents' or employees' of the licensee,
exposure to or risk of being victimized by criminal activity.
SECTION 15. ORS 471.490 is amended to read:
471.490. { - No - } { + A + } retail licensee
{ - shall - } { + may not + } deliver any check, order,
negotiable instrument or voucher in payment for malt beverages,
cider or wine, knowing at the time of such delivery that the
maker or drawer has not sufficient funds in the bank or
depository to pay the instrument on presentation { + . + } { - ,
nor shall any wholesale licensee accept any such instrument
knowing that said instrument - } { + A licensee or an agent or
employee of a licensee may not accept a check, order, negotiable
instrument or voucher in payment for malt beverages, cider or
wine, knowing at the time that the check, order, negotiable
instrument or voucher + }is not payable according to its terms,
or that there are not sufficient funds to pay { - such
instrument - } { + the check, order, negotiable instrument or
voucher + }on presentation. Any extension or acceptance of
credit under this section shall constitute a violation of ORS
471.398.
SECTION 16. ORS 471.495 is amended to read:
471.495. Any { - wholesale licensee who receives - }
{ + licensee or holder of a self-distribution permit that
receives from a full or limited on-premises sales licensee or an
off-premises sales licensee + }a check, order, negotiable
instrument or voucher in payment for { + wine, cider or + } malt
beverages { - , cider or wine, who receives an instrument from a
retail licensee which, - } { + that + } upon presentation, is
not paid by the party on whom it is drawn, shall report
{ - such fact forthwith - } { + the payment refusal + } to the
Oregon Liquor Control Commission.
SECTION 17. 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
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 { + brewery, + }
winery, grower sales privilege { + + }or warehouse licensee or
direct shipper or
{ - wine - } self-distribution permit holder 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
licensee or permit holder if:
(a) The licensee or permit holder 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 licensee or permit holder of a business established
during the current calendar year does not expect to be liable for
a privilege tax under this chapter in the current calendar year.
As used in this paragraph, 'business' means:
{ + (A) A brewery. + }
{ - (A) - } { + (B) + } A winery.
{ + (C) A warehouse. + }
{ - (B) - } { + (D) + } A business operated pursuant to a
license issued under ORS 471.227.
{ - (C) A warehouse. - }
{ - (D) - } { + (E) + } A business operated pursuant to a
permit issued under ORS 471.274.
{ - (E) - } { + (F) + } A business operated pursuant to a
permit issued under ORS 471.282.
SECTION 18. ORS 473.150 is amended to read:
473.150. (1) The Oregon Liquor Control Commission may, at any
time, examine the books and records of a holder of a
{ - wine - } self-distribution permit or of any manufacturer of
wine, cider or malt beverages, and may appoint auditors,
investigators and other employees that the commission considers
necessary to enforce its powers and perform its duties under this
section.
(2) Every holder of a { - wine - } self-distribution permit
and every manufacturer shall maintain and keep for two years all
records, books and accounts required by this chapter and shall
provide copies of those records, books and accounts to the
commission when requested by the commission.
SECTION 19. { + The amendments to ORS 471.155, 471.272,
471.274, 471.311, 471.404 and 473.150 by sections 3, 8, 9, 11, 13
and 18 of this 2013 Act do not affect the validity of any wine
self-distribution permit issued by the Oregon Liquor Control
Commission prior to the effective date of this 2013 Act. A holder
of a wine self-distribution permit is for all purposes considered
to be a holder of a self-distribution permit. Upon renewal or
replacement of a wine self-distribution permit, the commission
shall issue the holder a self-distribution permit. + } { + + }
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