Bill Text: OR HB3435 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to distillery licensees.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Passed) 2013-05-29 - Chapter 253, (2013 Laws): Effective date January 1, 2014. [HB3435 Detail]

Download: Oregon-2013-HB3435-Introduced.html

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     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 3732

                         House Bill 3435

Sponsored by Representative GOMBERG, Senator STEINER HAYWARD;
  Representatives BAILEY, BARTON, BUCKLEY, DEMBROW, GALLEGOS,
  GORSEK, GREENLICK, HARKER, HOYLE, KENY-GUYER, LIVELY, MCKEOWN,
  READ, UNGER, WILLIAMSON, WITT

                             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.

  Increases number of locations for which distillery licensee may
hold full on-premises sales license for alcoholic beverages.

                        A BILL FOR AN ACT
Relating to distillery licensees; amending ORS 471.230.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.230, as amended by section 1, chapter 20,
Oregon Laws 2012, is amended to read:
  471.230. (1) A distillery license allows the licensee to
import, manufacture, distill, rectify, blend, denature and store
spirits of an alcoholic content greater than 17 percent alcohol
by weight, to sell the spirits to the Oregon Liquor Control
Commission and to transport the spirits out of this state for
sale outside this state. Distillery licensees are permitted to
purchase from and through the commission alcoholic beverages for
blending and manufacturing purposes upon such terms and
conditions as the commission may provide. A distillery licensee
may not sell any alcoholic beverage within this state except to
the commission or as provided in this section. However, any
agricultural producer or association of agricultural producers or
the legal agents of an agricultural producer or association of
agricultural producers that manufactures and converts
agricultural surpluses, by-products and wastes into denatured
ethyl and industrial alcohol for use in the arts and industry are
not required to obtain a license from the commission.
  (2) A distillery licensee may:
  (a) Permit tastings of the distilled liquor manufactured by the
distillery licensee. The tastings may be conducted on the
licensed premises of the distillery, on one other premises owned
or leased by the licensee, or both. The licensee must purchase
the distilled liquor from the commission.
  (b) Obtain a special events distillery license.
  (c) Apply for appointment by the commission as a distillery
retail outlet agent for purposes of retailing only distilled
liquor that the licensee manufactured in Oregon at locations
where tastings are permitted under paragraph (a) of this
subsection or subsection (4)(a) of this section.

    { - (3) Notwithstanding ORS 471.392 to 471.400, a distillery
licensee may also hold a full on-premises sales license for a
location at the licensed premises of the distillery and a full
on-premises sales license for one other location. All distilled
spirits sold under the full on-premises sales license must be
purchased from the commission. - }
   { +  (3) Notwithstanding ORS 471.392 to 471.400, in addition
to any other license or appointment, a distillery licensee may
hold a full on-premises sales license for a location at the
licensed premises of the distillery and no more than four full
on-premises sales licenses for locations that are not at the
licensed premises of the distillery. All distilled spirits sold
by a distillery under a full on-premises sales license must be
purchased from the commission. + }
  (4)(a) A distillery licensee that holds a special events
distillery license may conduct an event on a premises at a
designated location other than the location set forth in the
distillery license for a period not exceeding five days. A
distillery licensee conducting an event may:
  (A) Permit tastings of distilled liquor manufactured by the
distillery.
  (B) Permit sales by the drink of distilled liquor manufactured
by the distillery.
  (C) If the distillery licensee has been appointed as a
distillery retail outlet agent under subsection (2)(c) of this
section, sell factory sealed containers of distilled liquor
manufactured by the distillery for consumption off the licensed
premises of the event.
  (b) A distillery licensee that holds a special events
distillery license:
  (A) Must purchase distilled liquor that the licensee uses for
conducting tastings at the event from the commission at the price
set by the commission for distilled liquor removed from bond for
tastings.
  (B) Must purchase distilled liquor that the licensee uses for
sales by the drink at the event at the retail price set by the
commission for the month in which the distilled liquor is sold by
the drink.
  (C) Must purchase distilled liquor that the licensee sells in
factory sealed containers at the event at the retail price set by
the commission for the month in which the licensee makes the
purchase.
  (D) Must sell distilled liquor described in subparagraph (C) of
this paragraph at the retail price set by the commission for the
month in which the licensee makes the sale.
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