Bill Text: OR SB795 | 2013 | Regular Session | Engrossed

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

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Bill Title: Relating to alcoholic beverages; and declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-07-03 - Effective date, June 26, 2013. [SB795 Detail]

Download: Oregon-2013-SB795-Engrossed.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 2107

                           A-Engrossed

                         Senate Bill 795
                 Ordered by the Senate April 15
           Including Senate Amendments dated April 15

Sponsored by Senator PROZANSKI

                             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.

   { +  Permits brewery-public house licensee to store, transport
and sell malt beverages at one location other than where
manufacturing occurs. + } Deletes reference to repealed
legislation.

                        A BILL FOR AN ACT
Relating to alcoholic beverages; amending ORS 471.157 and
  471.200.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.157 is amended to read:
  471.157. The licenses described in this chapter may be issued
by the Oregon Liquor Control Commission, subject to its
regulations and restrictions and the provisions of the Liquor
Control Act   { - and the Oregon Distilled Liquor Control Act - }
.
  SECTION 2. ORS 471.200 is amended to read:
  471.200. (1) A brewery-public house license allows the
licensee:
  (a) To manufacture on the licensed premises, store, transport,
sell to wholesale malt beverage and wine licensees of the Oregon
Liquor Control Commission and export malt beverages;
  (b) To sell malt beverages manufactured on or off the licensed
premises at retail for consumption on or off the premises;
  (c) To sell malt beverages in brewery-sealed packages at retail
directly to the consumer for consumption off the premises;
  (d) To sell on the licensed premises at retail malt beverages
manufactured on or off the licensed premises in unpasteurized or
pasteurized form directly to the consumer for consumption off the
premises, delivery of which may be made in a securely covered
container supplied by the consumer;
  (e) To sell wine and cider at retail for consumption on or off
the premises;
  (f) To conduct the activities { + , except manufacturing, + }
described in paragraphs   { - (b) - }   { + (a) + } to (e) of
this subsection at one location other than the premises where the
manufacturing occurs; and
  (g) To obtain a special events brewery-public house license
entitling the holder to conduct the activities allowed under
paragraphs (b), (c) and (e) of this subsection at a designated
location other than the location set forth in the brewery-public
house license for a period not exceeding five days.
  (2) In addition to the privileges specified in subsection (1)
of this section, in any calendar year a brewery-public house
licensee may sell at wholesale to licensees of the commission
malt beverages produced by the brewery-public house licensee if
the brewery-public house licensee produced 5,000 barrels or less
of malt beverages in the immediately preceding calendar year.
  (3) A brewery-public house licensee, or any person having an
interest in the licensee, is a retail licensee for the purposes
of ORS 471.394 and, except as otherwise provided by this section
and ORS 471.396, may not acquire or hold any right, title, lien,
claim or other interest, financial or otherwise, in, upon or to
the premises, equipment, business or merchandise of any
manufacturer or wholesaler, as defined in ORS 471.392. A
brewery-public house licensee, or any person having an interest
in the licensee, is also a manufacturer for the purposes of ORS
471.398 and, except as otherwise provided by this section and ORS
471.400, may not acquire or hold any right, title, lien, claim or
other interest, financial or otherwise, in, upon or to the
premises, equipment, business or merchandise of any other retail
licensee, as defined in ORS 471.392.
  (4) A brewery-public house licensee, or any person having an
interest in the licensee, is a retail licensee for the purposes
of ORS 471.398 and, except as otherwise provided by this section
and ORS 471.400, may not accept directly or indirectly any
financial assistance described in ORS 471.398 from any
manufacturer or wholesaler, as defined in ORS 471.392. A
brewery-public house licensee, or any person having an interest
in the licensee, is also a manufacturer for the purposes of ORS
471.398 and, except as otherwise provided by this section and ORS
471.400, may not provide directly or indirectly any financial
assistance described in ORS 471.398 to any retail licensee, as
defined in ORS 471.392.  The prohibitions on financial assistance
in ORS 471.398 do not apply to financial assistance between
manufacturing and retail businesses licensed to the same person
under the provisions of this section.
  (5) Notwithstanding subsection (3) of this section, a
brewery-public house licensee, or any person having an interest
in the licensee, may also hold a winery license authorized by ORS
471.223. A brewery-public house licensee, or any person having an
interest in the licensee, may also hold a warehouse license
authorized by ORS 471.242.
  (6) Notwithstanding subsection (3) of this section, a
brewery-public house licensee is eligible for limited on-premises
sales licenses and temporary sales licenses.
  (7)(a) Notwithstanding subsection (3) of this section, and
except as provided in this subsection, a brewery-public house
licensee, or any person having an interest in the licensee, may
also hold a full on-premises sales license. If a person holds
both a brewery-public house license and a full on-premises sales
license, nothing in this chapter shall prevent the sale by the
licensee of both distilled liquor and malt beverages manufactured
under the brewery-public house license.
  (b) The commission may not issue a full on-premises sales
license to a brewery-public house licensee under the provisions
of this subsection if the brewery-public house licensee, or any
person having an interest in the licensee or exercising control
over the licensee, is a brewery that brews more than 200,000
barrels of malt beverages annually or a winery that produces more
than 200,000 gallons of wine annually.
  (8) Notwithstanding any other provision of this chapter, a
brewery-public house licensee, or any person having an interest
in the licensee, may also hold a distillery license. No provision
of this chapter prevents a brewery-public house licensee that
also holds a distillery license from being appointed by the
commission as the distillery's retail outlet agent for the
purpose of selling distilled liquors under ORS 471.230.
  (9) Notwithstanding subsection (3) of this section, the
commission by rule may authorize a brewery-public house licensee
to coproduce special events with other manufacturers.
  (10)(a) Notwithstanding subsection (3) of this section, a
brewery-public house licensee may hold, directly or indirectly,
an interest in a manufacturer or wholesaler, provided that the
interest does not result in exercise of control over, or
participation in the management of, the manufacturer's or
wholesaler's business or business decisions and does not result
in exclusion of any competitor's brand of alcoholic liquor.
  (b) Notwithstanding subsection (3) of this section, a
manufacturer or wholesaler, and any officer, director or
substantial stockholder of any corporate manufacturer or
wholesaler, may hold, directly or indirectly, an interest in a
brewery-public house licensee, provided that the interest does
not result in exercise of control over, or participation in the
management of, the licensee's business or business decisions and
does not result in exclusion of any competitor's brand of
alcoholic liquor.
  (11) For purposes of ORS chapter 473, a brewery-public house
licensee shall be considered to be a manufacturer.
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