(1) As used in this section, ‘control’ means that the licensee:

(a) Owns the brand under which the wine or cider is labeled; or

(b) Performs or has the legal right to perform all of the acts common to a brand owner under the terms of a trademark license or similar agreement that for the brand under which the wine or cider is labeled has a term of at least three years.

(2) The holder of a winery license may:

(a) Import wine or cider in containers that have a capacity of more than four liters.

(b) Import wine or cider in containers that have a capacity of four liters or less if the brand of wine or cider is under the control of the licensee.

(c) Bottle, produce, blend, store, transport or export wines or cider.

(d) Sell wines or cider at wholesale to the Oregon Liquor and Cannabis Commission or to licensees of the commission.

(e) Sell wines or cider at retail directly to the consumer for consumption on or off the licensed premises.

(f) Sell malt beverages at retail for consumption on or off the licensed premises.

(g) Sell for consumption off the premises malt beverages, wines and cider in securely covered containers that are supplied by the consumer and have capacities of not more than two gallons each.

(h) Conduct under the winery license any activities described in paragraphs (a) to (g) of this subsection at five or fewer premises designated by the commission.

(i) Purchase from or through the commission brandy or other distilled liquors for fortifying wines or cider.

(j) Obtain a special events winery license that entitles the holder to conduct the activities allowed under paragraphs (e) to (g) of this subsection at a designated location other than the one set forth in the winery license for a period not to exceed five days.

(3) A winery licensee shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the patron is not a minor and the patron is not visibly intoxicated.

(4) Except as provided in subsection (5) of this section, in order to hold a winery license the licensee shall:

(a) Possess at a bonded premises within Oregon a valid producer and blender basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau; or

(b) Possess a valid wine blender or valid wholesaler basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau and have a written contract with a winery licensed under paragraph (a) of this subsection that authorizes the winery to produce for the licensee a brand of wine or cider that is under the control of the licensee.

(5) Subsection (4) of this section does not apply if a licensee produces only cider under the winery license.

(6) A winery licensee may sell and ship malt beverages, wine or cider directly to a resident of this state only if the licensee has a direct shipper permit issued under ORS § 471.282.

(7) A winery licensee, or any person having an interest in the licensee, may also hold a full on-premises sales license. If a winery licensee, or a person having an interest in the licensee, also holds a full on-premises sales license, the provisions of this chapter do not prevent the licensee or person from both selling wine or cider bottled and produced under the winery license and selling alcoholic liquor as authorized under the full on-premises sales license.

(8) More than one winery licensee may exercise the privileges of a winery license at a single location. The commission may not refuse to issue a winery license to a person for the production of wine or cider on specified premises based on the fact that other winery licensees also produce wine or cider on those premises.

(9) If a winery licensee does not possess at a bonded premises within Oregon a valid producer and blender basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau, the licensee may exercise the privileges described in this section only for wine and cider brands that are under the control of the licensee.

(10) The holder of a winery license that uses a third-party delivery facilitator to make deliveries on behalf of the winery licensee is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries. [1979 c.264 § 2; 1981 c.201 § 1; 1989 c.511 § 5; 1993 c.202 § 1; 1993 c.663 § 3; 1995 c.34 § 1; 1995 c.188 § 1; 1995 c.301 § 15; 1999 c.431 1,3; 2003 c.44 § 1; 2007 c.25 § 1; 2007 c.854 § 2; 2009 c.38 § 2; 2011 c.364 § 1; 2013 c.32 5,6; 2013 c.537 4,5; 2015 c.358 § 1; 2015 c.673 § 3; 2017 c.202 § 2; 2017 c.533 § 8; 2019 c.167 § 1; 2021 c.351 § 59; 2021 c.596 § 2; 2023 c.539 § 14]

[Amended by 1977 c.332 § 5; repealed by 1979 c.264 § 14]