Bill Text: OR HB4047 | 2012 | Regular Session | Enrolled

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Bill Title: Relating to alcoholic beverage sales exempted from licensing requirements; and declaring an emergency.

Sponsorship: Bipartisan Bill

Status: (Passed) 2012-03-05 - Chapter 16, (2012 Laws): Effective date March 5, 2012. [HB4047 Detail]

Download: Oregon-2012-HB4047-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

                            Enrolled

                         House Bill 4047

Sponsored by Representative BERGER; Representatives BARNHART,
  WINGARD, Senators ATKINSON, JOHNSON (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to alcoholic beverage sales exempted from licensing
  requirements; amending ORS 471.162; and declaring an emergency.

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

  SECTION 1. 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) 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) 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

Enrolled House Bill 4047 (HB 4047-INTRO)                   Page 1

conducted by a wine collector under the provisions of this
subsection.
  (6) A nonprofit or charitable organization registered
 { - with the state may sell wine and malt beverages in
factory-sealed containers at auction without a license. - }  { +
in this state may sell wine, malt beverages and cider, and a
total of not more than four liters of distilled liquor, in
factory-sealed containers at an auction or through a raffle
without a license. + } The organization must receive written
approval from the commission before conducting   { - a sale - }
 { + an auction or raffle + } 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. - }
 { +  The organization may conduct no more than one auction or
raffle under this subsection in a 12-month period. The auction or
raffle may not have a duration of more than one day. The
organization may sell under this subsection wine, malt beverages,
cider and distilled liquor purchased by or donated to the
organization. The purchased or donated wine, malt beverages,
cider and distilled liquor must be imported into this state by
the commission or be manufactured in or imported into this state
under a brewery, brewery-public house, distillery, grower sales
privilege, winery or wholesale malt beverage and wine
license. + }
  (7) 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 2.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Passed by House February 7, 2012

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate February 23, 2012

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 4047 (HB 4047-INTRO)                   Page 2

Received by Governor:

......M.,............., 2012

Approved:

......M.,............., 2012

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2012

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 4047 (HB 4047-INTRO)                   Page 3