Bill Text: OR SB504 | 2013 | Regular Session | Introduced

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Bill Title: Relating to wineries sited in exclusive farm use zones.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB504 Detail]

Download: Oregon-2013-SB504-Introduced.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 2879

                         Senate Bill 504

Sponsored by Senator CLOSE (at the request of Linn County
  Commissioner John Lindsey)

                             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.

  Modifies criteria for siting winery in exclusive farm use zone.
Allows winery to be sited in exclusive farm use zone in
conjunction with plantation of agricultural produce, including
grapes, grown for winemaking.

                        A BILL FOR AN ACT
Relating to wineries sited in exclusive farm use zones; amending
  ORS 215.452 and 215.453.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 215.452, as amended by section 3, chapter 679,
Oregon Laws 2011, is amended to read:
  215.452. (1) A winery may be established as a permitted use
under ORS 215.213 (1)(p) and 215.283 (1)(n) in an area zoned for
exclusive farm 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 - }   { + plantation + } of
at least 15 acres;
  (B) Owns a contiguous   { - vineyard - }   { + plantation + }
of at least 15 acres;
  (C) Has a long-term contract for the purchase of all of the
  { - grapes - }   { + agricultural produce + } from at least 15
acres of a
  { - vineyard - }   { + plantation + } contiguous to the winery;
or
  (D) Obtains   { - grapes - }   { + agricultural produce + }
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 - }   { + plantation + } of
at least 40 acres;
  (B) Owns a contiguous   { - vineyard - }   { + plantation + }
of at least 40 acres;
  (C) Has a long-term contract for the purchase of all of the
  { - grapes - }   { + agricultural produce + } from at least 40
acres of a
  { - vineyard - }   { + plantation + } contiguous to the winery;
or

  (D) Obtains   { - grapes - }   { + agricultural produce + }
from any combination of subparagraph (A), (B) or (C) of this
paragraph.
  (2) A winery described in subsection (1) of this section may:
  (a) 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
  (D) Similar activities conducted for the primary purpose of
promoting wine produced in conjunction with the winery;
  (b) 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; and
  (c) Provide services, including private events, hosted by the
winery or patrons of the winery, at which wine produced in
conjunction with the winery is featured, that:
  (A) Are directly related to the sale or promotion of wine
produced in conjunction with the winery;
  (B) Are incidental to the retail sale of wine on-site; and
  (C) Are limited to 25 days or fewer in a calendar year.
  (3)(a) The gross income of the winery from the sale of
incidental items pursuant to subsection (2)(b) of this section
and services provided pursuant to subsection (2)(c) 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.
  (b) 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 with
paragraph (a) of this subsection for the previous tax year.
  (4) 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.
  (5) Prior to the issuance of a permit to establish a winery
under this section, the applicant shall show that
 { - vineyards - }  { +  plantations + } described in subsection
(1) of this section have been planted or that the contract has
been executed, as applicable.
  (6) 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.
  (7) 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.
  (8)(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.
  (9) As used in this section  { - , - }  { + :
  (a) 'Plantation' means an area of land, including a vineyard,
that is cultivated in, or used to produce, agricultural produce
to be used in winemaking.
  (b)  + } ' Private events' includes, but is not limited to,
facility rentals and celebratory gatherings.
  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
under ORS 215.213 (1)(p) and 215.283 (1)(n) in an area zoned for
exclusive farm 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 - }   { + plantation + } of
at least 15 acres;
  (B) Owns a contiguous   { - vineyard - }   { + plantation + }
of at least 15 acres;
  (C) Has a long-term contract for the purchase of all of the
  { - grapes - }   { + agricultural produce + } from at least 15
acres of a
  { - vineyard - }   { + plantation + } contiguous to the winery;
or
  (D) Obtains   { - grapes - }   { + agricultural produce + }
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 - }   { + plantation + } of
at least 40 acres;
  (B) Owns a contiguous   { - vineyard - }   { + plantation + }
of at least 40 acres;
  (C) Has a long-term contract for the purchase of all of the
  { - grapes - }   { + agricultural produce + } from at least 40
acres of a
  { - vineyard - }   { + plantation + } contiguous to the winery;
or
  (D) Obtains   { - grapes - }   { + agricultural produce + }
from any combination of subparagraph (A), (B) or (C) of this
paragraph.
  (2) A winery described in subsection (1) of this section may:
  (a) 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
  (D) Similar activities conducted for the primary purpose of
promoting wine produced in conjunction with the winery; and
  (b) 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.
  (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 - }  { +  plantations + } 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.
   { +  (8) As used in this section, 'plantation' means an area
of land, including a vineyard, that is cultivated in, or used to
produce, agricultural produce to be used in winemaking. + }
  SECTION 3. ORS 215.453, as amended by section 5a, chapter 679,
Oregon Laws 2011, is amended to read:
  215.453. (1) A winery may be established as a permitted use
under ORS 215.213 (1)(p) or 215.283 (1)(n) in an area zoned for
exclusive farm use if:
  (a) The winery owns and is sited on a tract of 80 acres or
more, at least 50 acres of which is a   { - vineyard - }  { +
plantation + };
  (b) The winery owns at least 80 additional acres of
 { - planted vineyards - }   { + plantations + } in Oregon that
need not be contiguous to the acreage described in paragraph (a)
of this subsection; and
  (c) The winery has produced annually, at the same or a
different location, at least 150,000 gallons of wine in at least
three of the five calendar years before the winery is established
under this section.
  (2) A winery described in subsection (1) of this section may:
  (a) 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
  (D) Similar activities conducted for the primary purpose of
promoting wine produced in conjunction with the winery;
  (b) 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, wine not produced in
conjunction with the winery and gifts; and
  (c) Provide services, including private events, hosted by the
winery or patrons of the winery, at which wine produced in
conjunction with the winery is featured, that:
  (A) Are directly related to the sale or promotion of wine
produced in conjunction with the winery;
  (B) Are incidental to the retail sale of wine on-site; and
  (C) Are limited to 25 days or fewer in a calendar year.
  (3)(a) The gross income of the winery from the sale of
incidental items pursuant to subsection (2)(b) of this section
and services provided pursuant to subsection (2)(c) 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.
  (b) 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 with
paragraph (a) of this subsection for the previous tax year.
  (4) A winery operating under this section:
  (a) Shall provide parking for all activities or uses of the
lot, parcel or tract on which the winery is established.
  (b) May operate a restaurant, as defined in ORS 624.010, in
which food is prepared for consumption on the premises of the
winery.
  (5)(a) A winery shall obtain a permit from the local government
if the winery operates a restaurant that is open to the public
for more than 25 days in a calendar year or provides for private
events occurring on more than 25 days in a calendar year.
  (b) In addition to any other requirements, a local government
may approve a permit application under this subsection if the
local government finds that the authorized activity:
  (A) Complies with the standards described in ORS 215.296;
  (B) Is incidental and subordinate to the retail sale of wine
produced in conjunction with the winery; and
  (C) Does not materially alter the stability of the land use
pattern in the area.
  (c) If the local government issues a permit under this
subsection for private events, the local government shall review
the permit at least once every five years and, if appropriate,
may renew the permit.
  (6) A person may not have a substantial ownership interest in
more than one winery operating a restaurant under this section.
  (7) Prior to the issuance of a permit to establish a winery
under this section, the applicant shall show that
 { - vineyards - }  { +  plantations + } described in subsection
(1) of this section have been planted.
  (8) A local government shall require a winery operating under
this section to provide for:
  (a) Establishment of a setback of at least 100 feet from all
property lines for the winery and all public gathering places;
and
  (b) Direct road access and internal circulation.
  (9) 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.
  (10) The local government may authorize a winery described in
subsection (1) of this section to sell or deliver items or
provide services not described in subsection (2)(b) or (c) or (3)
of this section under the criteria for a commercial activity in
conjunction with farm use under ORS 215.213 (2)(c) or 215.283
(2)(a).
  (11)(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.
  (12) As used in this section  { - , - }  { + :
  (a) 'Plantation' means an area of land, including a vineyard,
that is cultivated in, or used to produce, agricultural produce
to be used in winemaking.
  (b) + } 'Private events' includes, but is not limited to,
facility rentals and celebratory gatherings.
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