Bill Text: OR HB4092 | 2012 | Regular Session | Enrolled
Bill Title: Relating to distillery special events; and declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2012-03-05 - Chapter 20, (2012 Laws): Effective date March 5, 2012. [HB4092 Detail]
Download: Oregon-2012-HB4092-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
House Bill 4092
Sponsored by Representative HARKER; Representatives BAILEY,
FREDERICK, JOHNSON, READ, WHISNANT (Presession filed.)
CHAPTER ................
AN ACT
Relating to distillery special events; amending ORS 471.230; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.230 is amended to read:
471.230. (1) A distillery license { - shall allow the holder
thereof - } { + allows the licensee + } to import, manufacture,
distill, rectify, blend, denature and store spirits of an
alcoholic content greater than 17 percent alcohol by weight, to
sell the { - same - } { + spirits + } to the Oregon Liquor
Control Commission and to transport the { - same - } { +
spirits + } out of this state for sale outside this state.
Distillery licensees { - shall be - } { + are + } permitted
to purchase from and through the commission alcoholic beverages
for blending and manufacturing purposes upon such terms and
conditions as the commission may provide. { - No such licensee
shall - } { + A distillery licensee may not + } sell any
alcoholic beverage within this state except to the commission or
as provided in this section. However, any agricultural producer
or association of agricultural producers or { + the + } legal
agents { - thereof who manufacture and convert - } { + of an
agricultural producer or association of agricultural producers
that manufactures and converts + } agricultural surpluses,
by-products and wastes into denatured ethyl and industrial
alcohol for use in the arts and industry { - shall not be - }
{ + are not + } required to obtain a license from the
commission.
(2) A distillery licensee may:
(a) Permit tastings of the distilled liquor manufactured by the
distillery licensee. The tastings may be conducted on the
licensed premises of the distillery, on one other premises owned
or leased by the licensee, or both. The licensee must purchase
the distilled liquor from the commission.
(b) Obtain a special events distillery license { + . + }
{ - entitling the holder to permit tastings of the distilled
liquor manufactured by the distillery licensee. Tastings may be
conducted under a special events distillery license at a
designated location other than the location set forth in the
distillery license for a period not exceeding five days. The
licensee must purchase the distilled liquor from the
commission. - }
Enrolled House Bill 4092 (HB 4092-A) Page 1
(c) Apply for appointment by the commission as a distillery
retail outlet agent for purposes of retailing only distilled
liquor that the licensee manufactured in Oregon at locations
where tastings are permitted under paragraph (a) of this
subsection { + or subsection (4)(a) of this section + }.
(3) Notwithstanding ORS 471.392 to 471.400, a distillery
licensee may also hold a full on-premises sales license for a
location at the licensed premises of the distillery and a full
on-premises sales license for one other location. All distilled
spirits sold under the full on-premises sales license must be
purchased from the commission.
{ + (4)(a) A distillery licensee that holds a special events
distillery license may conduct an event on a premises at a
designated location other than the location set forth in the
distillery license for a period not exceeding five days. A
distillery licensee conducting an event may:
(A) Permit tastings of distilled liquor manufactured by the
distillery.
(B) Permit sales by the drink of distilled liquor manufactured
by the distillery.
(C) If the distillery licensee has been appointed as a
distillery retail outlet agent under subsection (2)(c) of this
section, sell factory sealed containers of distilled liquor
manufactured by the distillery for consumption off the licensed
premises of the event.
(b) A distillery licensee that holds a special events
distillery license:
(A) Must purchase distilled liquor that the licensee uses for
conducting tastings at the event from the commission at the price
set by the commission for distilled liquor removed from bond for
tastings.
(B) Must purchase distilled liquor that the licensee uses for
sales by the drink at the event at the retail price set by the
commission for the month in which the distilled liquor is sold by
the drink.
(C) Must purchase distilled liquor that the licensee sells in
factory sealed containers at the event at the retail price set by
the commission for the month in which the licensee makes the
purchase.
(D) Must sell distilled liquor described in subparagraph (C) of
this paragraph at the retail price set by the commission for the
month in which the licensee makes the sale. + }
SECTION 2. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Enrolled House Bill 4092 (HB 4092-A) Page 2
Passed by House February 13, 2012
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate February 23, 2012
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 4092 (HB 4092-A) Page 3
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 4092 (HB 4092-A) Page 4
