68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
Senate Bill 15
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Oregon Liquor
Control Commission Oversight Task Force for Willamette Valley
Vineyards, Willamette Valley Brewing Company)
CHAPTER ................
AN ACT
Relating to alcoholic liquors; creating new provisions; and
amending ORS 471.227, 471.260 and 471.290.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.260 is amended to read:
471.260. (1) A package store license shall allow the retail
sale of certain specified types of alcoholic liquor in sealed
packages. { + Except as otherwise provided in this section, + }
package store licensees shall not permit the consumption of
alcoholic liquor upon their licensed premises unless such
licensee holds another license that permits such consumption
{ - , or is the holder of a package store tasting license
described in subsection (3) of this section - } .
(2) A package store license shall allow the sale of malt
beverages, as defined in ORS 473.010, in brewery-sealed packages
containing not more than one gallon and wine containing not more
than 21 percent of alcohol by volume.
{ - (3) A package store tasting license shall allow all the
privileges described in subsections (1) and (2) of this section.
In addition, A package store tasting license shall allow
on-premises consumption only for the purpose of sample tastings
of the alcoholic beverages specified in subsection (2) of this
section. - }
{ - (4) Except as provided in subsection (5) of this
section - } { + (3) Except as provided in section 4 of this 1995
Act + }, no manufacturer or wholesaler may provide or pay for
sample tastings of alcoholic beverages for the public on the
package store licensee's premises.
{ - (5) The holder of a brewery license issued under ORS
471.220, a winery license under ORS 471.223, a grower sales
privilege license issued under ORS 471.227, a warehouse license
issued under ORS 471.242 or a manufacturer certificate of
approval issued under ORS 471.289 may provide or pay for sample
tastings of wine or malt beverages for the public on a package
store licensee's premises. - }
SECTION 2. ORS 471.227 is amended to read:
471.227. (1) A grower's sales privilege license shall allow the
licensee to perform the following activities only for fruit or
grape wine where all of the fruit or grapes used to make the wine
are grown in Oregon under the control of the licensee:
(a) To import, store, transport or export such wines.
(b) To sell such wines at wholesale to the commission or
licensees of the commission.
(c) To sell such wines at retail directly to the consumer for
consumption on or off the licensed premises.
(d) To conduct the activities allowed under paragraph (a), (b)
or (c), or all, of this subsection at a second or third premises
as may be designated by the commission.
(e) To obtain a special events grower's sales privilege license
which shall entitle the holder to conduct the activities allowed
under paragraph (c) of this subsection at a designated location
other than the one set forth in the grower's sales privilege
license for a period not to exceed five days.
(2) For purposes of ORS 471.455, a grower's sales privilege
licensee shall be considered a manufacturer.
(3) A person holding a winery license in another state is not
eligible for a license under this section.
(4) A person licensed under this section is not eligible for a
package store license { - , - } { + or + } a retail malt
beverage license { - or a package store tasting license - } .
(5) As used in this section, 'control' means the grower either
owns the land upon which the fruit or grapes are grown or has a
legal right to perform or does perform all of the acts common to
fruit farming or viticulture under terms of a lease or similar
agreement of at least three years' duration.
(6) For the purposes of tax reporting, payment and record
keeping, the provisions of law that shall apply to a manufacturer
under ORS chapter 473 shall apply to a grower's sales privilege
licensee, but such a licensee is not a manufacturer for purposes
of ORS 473.050 (5).
SECTION 3. ORS 471.290 is amended to read:
471.290. (1) Any person desiring a license or renewal of a
license shall make application to the Oregon Liquor Control
Commission upon forms to be furnished by the commission showing
the name and address of the applicant, the applicant's
citizenship, location of the place of business which is to be
operated under the license, and such other pertinent information
as the commission may require. No license shall be granted or
renewed until the provisions of the Liquor Control Act and the
rules of the commission have been complied with.
(2) Except as provided in this section, the commission shall
assess a nonrefundable fee for processing each application for
any license authorized by ORS chapter 471 and ORS 474.105 and
474.115 or ORS chapter 472, in an amount equal to 25 percent of
the license fee. The commission shall not begin to process any
license application until the application fee is paid. If the
commission allows an applicant to apply at the same time for
alternative licenses at one premises, only the application fee
for the most expensive license shall be required. If a license is
granted or committed, the application fee of 25 percent shall be
applied against the annual license fee. This subsection shall not
apply to an agent's license, a salesperson's license, a
manufacturer certificate of approval, a druggist's license, a
health care facility license or to any license which is issued
for a period of less than 30 days.
(3) Subject to subsection (4) of this section, the commission
shall assess a nonrefundable fee for processing a renewal
application for any license authorized by ORS chapter 471 and ORS
474.105 and 474.115 or ORS chapter 472 only if the renewal
application is received by the commission less than 20 days
before expiration of the license. If the renewal application is
Enrolled Senate Bill 15 Page 2
received prior to expiration of the license but less than 20 days
prior to expiration, this fee shall be 25 percent of the annual
license fee. If a renewal application is received by the
commission after expiration of the license but no more than 30
days after expiration, this fee shall be 40 percent of the annual
license fee. This subsection shall not apply to an agent's
license, a salesperson's license, a manufacturer certificate of
approval, a druggist's license, a health care facility license, a
brewery-public house license or to any license which is issued
for a period of less than 30 days.
(4) The commission may waive the fee imposed under subsection
(3) of this section if it finds that failure to submit a timely
application was due to unforeseen circumstances or to a delay in
processing the application by the local governing authority that
is no fault of the licensee.
(5) The annual license fee is nonrefundable and shall be paid
by each applicant upon the granting or committing of a license.
The annual license fee and the minimum bond required of each
class of license are as follows:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Minimum
License Fee Bond
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Brewery, including
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Certificate of Ap$r500l1,000
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Winery............. 250 1,000
Distillery......... 100 None
Wholesale Malt
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Beverage and Wine 275 1,000
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
Enrolled Senate Bill 15 Page 3
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Bottler............ 150 None
Restaurant......... 200 None
Certificate of Approval,
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Class A.......... 15 None
Certificate of Approval,
Class B ......... 50 None
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Package Store...... 50 None
Package Store Tasting75 None
Druggist........... 5 None
Railroad System or Public
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Passenger Carrier
or Boat.......... 100 None
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Industrial Alcohol. 50 None
Retail Malt Beverage 200 None
Health Care Facility 5 None
Warehouse ......... 100 1,000
Special retail beer
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
license may be
issued for any picnic,
convention, fair, civic
or community enterprise
or business promotion on
a licensed premis$s10tper day
Special retail wine
license may be issued
Enrolled Senate Bill 15 Page 4
for any special auction,
picnic, convention,
fair, civic or community
enterprise or business
promotion on a licensed
premises at......$ 10 per day
Special events winery
license may be
issued to a
winery licensee a$ 10 per day
Bed and breakfast
license..........$ 5 per guest unit
Brewery-Public House,
including Certificate
of Approval......$250 $ 1,000
Grower's sales privilege
license..........$250 $ 1,000
Special events grower's
sales privilege
license..........$ 10 per day
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Agent..............$125 for five years
Salesperson........$ 25 for five years
Winery Salesperson.$ 35 for five years
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 4. { + The holder of a brewery license issued under
ORS 471.220, a winery license issued under ORS 471.223, a
grower's sales privilege license issued under ORS 471.227, a
brewery-public house license issued under ORS 471.253, a
warehouse license issued under ORS 471.242 or a manufacturer
certificate of approval issued under ORS 471.289 may provide or
pay for sample tastings of wine or malt beverages for the public
on premises licensed under a package store license issued under
ORS 471.260, a restaurant license issued under ORS 471.250, a
retail malt beverage license issued under ORS 471.265 or a Class
'A,' Class 'B' or Class ' C' dispenser's license. + }
SECTION 5. { + (1) The amendments to ORS 471.260 by section 1
of this Act apply to all package store licenses, whether issued
before, on or after the effective date of this Act.
(2) Section 4 of this Act applies to all licenses specified in
section 4 of this Act, whether issued before, on or after the
effective date of this Act. + }
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Enrolled Senate Bill 15 Page 5
Passed by Senate February 7, 1995
Repassed by Senate March 22, 1995
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 17, 1995
...........................................................
Speaker of House
Enrolled Senate Bill 15 Page 6
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled Senate Bill 15 Page 7