Bill Text: OR SB579 | 2013 | Regular Session | Introduced
Bill Title: Relating to wineries; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB579 Detail]
Download: Oregon-2013-SB579-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 3434
Senate Bill 579
Sponsored by COMMITTEE ON RURAL COMMUNITIES AND ECONOMIC
DEVELOPMENT (at the request of Richard Whitman)
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 establishment of wineries as outright permitted use,
subject to certain conditions, on land zoned for exclusive farm
use, on land zoned for forest use and on land zoned for mixed
farm and forest use.
Modifies authority for winery to host agri-tourism and other
commercial events.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to wineries; creating new provisions; amending ORS
215.452; repealing ORS 215.237 and section 11, chapter 679,
Oregon Laws 2011; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 215.237 and section 11, chapter 679, Oregon
Laws 2011, are repealed. + }
SECTION 2. ORS 215.452, as amended by sections 3 and 3a,
chapter 679, Oregon Laws 2011, is amended to read:
215.452. (1) A winery may be established as a permitted use
{ + on land zoned for exclusive farm use + } under ORS 215.213
(1)(p) and 215.283 (1)(n) { - in an area zoned for exclusive
farm use - } { + , on land zoned for forest use or on land zoned
for mixed farm and forest use, + } if the winery produces wine
with a maximum annual production of:
(a) Less than 50,000 gallons and:
(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 the winery:
(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:
{ + (a) Produce and distribute wine. + }
{ - (a) - } { + (b) + } Market and sell wine produced in
conjunction with the winery { + . + } { - , including the
following activities: - }
{ - (A) Wine tours; - }
{ - (B) Wine tastings in a tasting room or other location at
the winery; - }
{ - (C) Wine clubs; and - }
{ + (c) Conduct operations that are directly related to the
sale or marketing of wine produced in conjunction with the
winery, including:
(A) Wine tastings;
(B) Wine clubs;
(C) Winemaker luncheons and dinners;
(D) Winery and vineyard tours;
(E) Meeting or business activities with winery suppliers,
winery customers and wine industry members;
(F) Winery staff appreciation activities;
(G) Open house promotions of wine produced in conjunction with
the winery; and + }
{ - (D) - } { + (H) + } Similar activities conducted for
the primary purpose of promoting wine produced in conjunction
with the winery { - ; and - } { + . + }
{ - (b) - } { + (d) + } Market and sell items directly
related to the sale or promotion of wine produced in conjunction
with the winery, the marketing and 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. - } { + required by the Liquor Control Act to be
served in conjunction with the consumption of wine on the
premises or that are served in conjunction with one or more of
the activities authorized under paragraph (c) of this subsection.
Food and beverage services authorized under this subsection may
not use menu options or meal services that cause the winery
kitchen to function as a cafe or other dining establishment open
to the public. A winery may include on-site kitchen facilities
licensed by the Oregon Health Authority under ORS chapter 624 for
the preparation of food and beverages described in this
subsection.
(e) Carry out agri-tourism or other commercial events on the
tract occupied by the winery, subject to the limitations set
forth in subsection (6) of this section.
(f) Host charitable activities for which the winery does not
charge a fee. + }
{ - (3) A winery operating under this section shall provide
parking for all activities or uses of the lot, parcel or tract on
which the winery is established. - }
{ - (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) of this section have been
planted or that the contract has been executed, as
applicable. - }
{ - (5) A local government shall adopt findings for each of
the standards described in 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 of at least 100 feet from
all property lines for the winery and all public gathering
places; and - }
{ - (b) Provision of direct road access and internal
circulation. - }
{ - (6) A local government shall apply: - }
{ - (a) Local criteria regarding floodplains, geologic
hazards, the Willamette River Greenway, solar access and airport
safety; - }
{ - (b) Regulations for the public health and safety; and - }
{ - (c) Regulations for resource protection acknowledged to
comply with any statewide goal respecting open spaces, scenic and
historic areas and natural resources. - }
{ - (7)(a) A local government may issue a permit for a winery
operating under this section to host outdoor concerts for which
admission is charged, facility rentals or celebratory events if
the local government issued permits to wineries operating under
this section in similar circumstances before August 2, 2011. - }
{ - (b) A local government may not issue a permit for a
winery operating under this section to host outdoor concerts for
which admission is charged, facility rentals or celebratory
events if the local government did not issue permits to wineries
operating under this section in similar circumstances before
August 2, 2011. - }
{ + (3) The gross income of the winery from the sale of
incidental items or services provided pursuant to subsection
(2)(c) to (e) of this section may not exceed 25 percent of the
gross income from the on-site retail sale of wine produced in
conjunction with the winery. At the request of a local government
with land use jurisdiction over the site of a winery, the winery
shall submit to the local government a written statement,
prepared by a certified public accountant, that certifies
compliance for the previous tax year with this subsection.
(4) Before a local government may issue a permit to establish a
winery under this section, the applicant shall show, as required
by subsection (1) of this section, that vineyards have been
planted and, if appropriate, a contract has been executed.
(5) The local government shall impose conditions on a winery
that is outright permitted under this section to address public
health and safety and environmental concerns, including:
(a) Sanitation;
(b) Noise;
(c) Development hazards, wetlands and the Willamette River
Greenway;
(d) Traffic;
(e) On-site parking for all activities or uses; and
(f) Direct road access and internal circulation.
(6) Within the gross income limit imposed by subsection (3) of
this section, a winery established under this section may conduct
agri-tourism or other commercial events on the tract occupied by
the winery as follows:
(a) The local government may issue a multi-year license with a
maximum term of five years that authorizes events on up to six
days per calendar year through an administrative review for
conditions. The local government's decision on issuance of the
license is not a land use decision, as defined in ORS 197.015,
subject to review by the Land Use Board of Appeals. A license
issued under this paragraph:
(A) May be renewed.
(B) Is not a permit, as defined in ORS 215.402.
(b) The local government may issue a multi-year license with a
maximum term of five years that authorizes events on up to 12
days per calendar year through an administrative review for
conditions. The local government's decision on issuance of the
license is not a land use decision, as defined in ORS 197.015,
subject to review by the Land Use Board of Appeals. A license
issued under this paragraph:
(A) May be renewed.
(B) Is a permit, as defined in ORS 215.402, subject to the
notice requirements of ORS 215.416 (11) or 227.175 (10),
whichever is applicable.
(c) The local government may establish conditions, including a
limit on the number of attendees of events authorized under this
subsection, to:
(A) Ensure that the uses are subordinate to the production and
sale of wine;
(B) Avoid adverse impacts to surrounding uses, including farm
and forest uses; and
(C) Ensure that the uses do not force a significant change in
accepted farm or forest practices on surrounding lands devoted to
farm or forest use or significantly increase the cost of accepted
farm or forest practices on surrounding lands devoted to farm or
forest use.
(7) The local government may authorize a winery established
under this section to conduct:
(a) Commercial activity in conjunction with farm use, if the
proposed activity meets the criteria of ORS 215.213 (2)(c) or
215.283 (2)(a), whichever is applicable; or
(b) Agri-tourism or other commercial events or activities if
the proposed activity meets the criteria of 215.213 (11) to (13)
or ORS 215.283 (4) to (6), whichever is applicable. + }
SECTION 3. { + If a local government with land use
jurisdiction authorizes the establishment of a winery on land
zoned for exclusive farm use, on land zoned for forest use or on
land zoned for mixed farm and forest use, under authority other
than ORS 215.452 or 215.453, the winery is subject to the gross
income limit imposed by ORS 215.452 (3). + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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