Bill Text: OR SB1055 | 2010 | 1st Special Session | Engrossed

Oregon Senate Bill 1055 (Prior Session Legislation)

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

Bill Title: Relating to wineries in exclusive farm use zones; and declaring an emergency.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Passed) 2010-03-23 - Effective date, March 23, 2010. [SB1055 Detail]

Download: Oregon-2010-SB1055-Engrossed.html



     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 87

                           B-Engrossed

                        Senate Bill 1055
                Ordered by the House February 18
     Including Senate Amendments dated February 12 and House
                           Amendments
                        dated February 18

Sponsored by Senator WINTERS; Senators ATKINSON, DEVLIN,
  FERRIOLI, TELFER, WHITSETT, Representative WINGARD (Presession
  filed.)

                             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.

  Modifies authority for establishment of winery and for winery
sales and services in exclusive farm use zone.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to wineries in exclusive farm use zones; creating new
  provisions; amending ORS 215.452; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 215.452 is amended to read:
  215.452. (1) A winery  { - , authorized - }   { + may be
established as an outright permitted use in an area zoned for
exclusive farm use + } under ORS 215.213 (1)(p) and 215.283
(1)(n)  { - , is a facility that - }  { + if the winery + }
produces wine with a maximum annual production of:
  (a) Less than 50,000 gallons and that:
  (A) Owns an on-site vineyard of at least 15 acres;
  (B) Owns a contiguous vineyard of at least 15 acres;
  (C) Has a long-term contract for the purchase of all of the
grapes from at least 15 acres of a vineyard contiguous to the
winery; or
  (D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph; or
  (b) At least 50,000 gallons and no more than 100,000 gallons
and that:
  (A) Owns an on-site vineyard of at least 40 acres;
  (B) Owns a contiguous vineyard of at least 40 acres;
  (C) Has a long-term contract for the purchase of all of the
grapes from at least 40 acres of a vineyard contiguous to the
winery; or
  (D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph.
  (2)   { - The - }   { + A + } winery described in subsection
(1)  { - (a) or (b) - }  of this section   { - shall allow only
the sale of - }  { +  may sell only + }:
    { - (a) Wines produced in conjunction with the winery;
and - }
    { - (b) Items directly related to wine, the sales of which
are incidental to retail sale of wine on-site. Such items include
those served by a limited service restaurant, as defined in ORS
624.010. - }
   { +  (a) Wines produced in conjunction with the winery;
  (b) Items directly related to the sale and promotion of wine
produced in conjunction with the winery, the sale of which is
incidental to retail sale of wine on-site, including food and
beverages served by a limited service restaurant, as defined in
ORS 624.010, wine not produced in conjunction with the winery and
gifts; and
  (c) Services directly related to the sale and promotion of wine
produced in conjunction with the winery, the sale and delivery of
which are incidental to retail sale of wine on-site, including
private events hosted by the winery or by patrons of the winery,
at which wine produced in conjunction with the winery is
featured.
  (3) The gross income from the sale of incidental items and
services under subsection (2)(b) and (c) of this section may not
exceed 25 percent of the gross income from the retail sale
on-site of wine produced in conjunction with the winery. + }
    { - (3) - }   { + (4) + } Prior to the issuance of a permit
to establish a winery under this section, the applicant shall
show that vineyards  { - , - }  described in subsection (1)
 { - (a) and (b) - }  of this section  { - , - }  have been
planted or that the contract has been executed, as applicable.
    { - (4) - }   { + (5) + } A local government shall adopt
findings for each of the standards described in paragraphs (a)
and (b) of this subsection. Standards imposed on the siting of a
winery shall be limited solely to each of the following for the
sole purpose of limiting demonstrated conflicts with accepted
farming or forest practices on adjacent lands:
  (a) Establishment of a setback, not to exceed 100 feet, from
all property lines for the winery and all public gathering
places; and
  (b) Provision of direct road access, internal circulation and
parking.
    { - (5) - }   { + (6) + } A local government shall also apply
local criteria regarding floodplains, geologic hazards, the
Willamette River Greenway, solar access, airport safety or other
regulations for resource protection acknowledged to comply with
any statewide goal respecting open spaces, scenic and historic
areas and natural resources.
  SECTION 2. ORS 215.452, as amended by section 1 of this 2010
Act, is amended to read:
  215.452. (1) A winery may be established as an outright
permitted use in an area zoned for exclusive farm use under ORS
215.213 (1)(p) and 215.283 (1)(n) if the winery produces wine
with a maximum annual production of:
  (a) Less than 50,000 gallons and that:
  (A) Owns an on-site vineyard of at least 15 acres;
  (B) Owns a contiguous vineyard of at least 15 acres;
  (C) Has a long-term contract for the purchase of all of the
grapes from at least 15 acres of a vineyard contiguous to the
winery; or
  (D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph; or
  (b) At least 50,000 gallons and no more than 100,000 gallons
and that:
  (A) Owns an on-site vineyard of at least 40 acres;
  (B) Owns a contiguous vineyard of at least 40 acres;
  (C) Has a long-term contract for the purchase of all of the
grapes from at least 40 acres of a vineyard contiguous to the
winery; or
  (D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph.
  (2) A winery described in subsection (1) of this section may
sell only:
  (a) Wines produced in conjunction with the winery; { +  and + }
  (b) Items directly related to the sale and promotion of wine
produced in conjunction with the winery, the sale of which is
incidental to retail sale of wine on-site, including food and
beverages served by a limited service restaurant, as defined in
ORS 624.010 { + . + }   { - , wine not produced in conjunction
with the winery and gifts; and - }
    { - (c) Services directly related to the sale and promotion
of wine produced in conjunction with the winery, the sale and
delivery of which are incidental to retail sale of wine on-site,
including private events hosted by the winery or by patrons of
the winery, at which wine produced in conjunction with the winery
is featured. - }
    { - (3) The gross income from the sale of incidental items
and services under subsection (2)(b) and (c) of this section may
not exceed 25 percent of the gross income from the retail sale
on-site of wine produced in conjunction with the winery. - }
    { - (4) - }   { + (3) + } Prior to the issuance of a permit
to establish a winery under this section, the applicant shall
show that vineyards described in subsection (1) of this section
have been planted or that the contract has been executed, as
applicable.
    { - (5) - }   { + (4) + } A local government shall adopt
findings for each of the standards described in paragraphs (a)
and (b) of this subsection. Standards imposed on the siting of a
winery shall be limited solely to each of the following for the
sole purpose of limiting demonstrated conflicts with accepted
farming or forest practices on adjacent lands:
  (a) Establishment of a setback, not to exceed 100 feet, from
all property lines for the winery and all public gathering
places; and
  (b) Provision of direct road access, internal circulation and
parking.
    { - (6) - }   { + (5) + } A local government shall also apply
local criteria regarding floodplains, geologic hazards, the
Willamette River Greenway, solar access, airport safety or other
regulations for resource protection acknowledged to comply with
any statewide goal respecting open spaces, scenic and historic
areas and natural resources.
  SECTION 3.  { + The amendments to ORS 215.452 by section 2 of
this 2010 Act become operative on January 1, 2013. + }
  SECTION 4.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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