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

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

HA to A-Eng. SB 1055

LC 87/SB 1055-A15

                       HOUSE AMENDMENTS TO
                  A-ENGROSSED SENATE BILL 1055

    By COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND RURAL
                           COMMUNITIES

                           February 18

  On page 1 of the printed A-engrossed bill, line 2, before '
amending' insert 'creating new provisions;'.
  On page 2, after line 24, insert:
  '  { +  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. + } ' .
  In line 25, delete '2' and insert '4'.
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