Oregon Statutes 471.227 – Grower sales privilege license
(1) A grower sales privilege license shall allow the licensee to perform the following activities only for fruit or grape wine or cider where all of the fruit or grapes used to make the wine or cider are grown in Oregon under the control of the licensee to:
Terms Used In Oregon Statutes 471.227
- Commission: means the Oregon Liquor and Cannabis Commission. See Oregon Statutes 471.001
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- licensed premises: includes areas outside of a building that the commission has specifically designated as approved for alcoholic beverage service or consumption. See Oregon Statutes 471.001
- Licensee: means any person holding a license issued under this chapter. See Oregon Statutes 471.001
- Manufacturer: means every person who produces, brews, ferments, manufactures or blends an alcoholic beverage within this state or who imports or causes to be imported into this state an alcoholic beverage for sale or distribution within the state. See Oregon Statutes 471.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Wine: includes fortified wine. See Oregon Statutes 471.001
(a) Import, store, transport or export such wines or cider.
(b) Sell such wines or cider at wholesale to the Oregon Liquor and Cannabis Commission or licensees of the commission.
(c) Sell such wines or cider at retail directly to the consumer for consumption on or off the licensed premises.
(d) Sell at retail for consumption off the licensed premises malt beverages and such wines and cider in securely covered containers provided by the consumer and having capacities of not more than two gallons each.
(e) Conduct some or all of the activities allowed under paragraphs (a) to (d) of this subsection at a second or third premises as may be designated by the commission.
(f) Obtain a special events grower sales privilege license which shall entitle the holder to conduct the activities allowed under paragraphs (c) and (d) of this subsection at a designated location other than the one set forth in the grower sales privilege license for a period not to exceed five days.
(2) A grower sales privilege 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.
(3) For purposes of ORS § 471.392 to 471.400, a grower sales privilege licensee shall be considered a manufacturer.
(4) A person holding a winery license in another state is not eligible for a license under this section.
(5) A person licensed under this section is not eligible for a limited on-premises sales license or an off-premises sales license.
(6) 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.
(7) 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 sales privilege licensee, but such a licensee is not a manufacturer for purposes of ORS § 473.050 (5).
(8) A grower sales privilege licensee that uses a third-party delivery facilitator to make deliveries on behalf of the licensee is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries. [1989 c.740 § 2; 1995 c.58 § 2; 1995 c.301 § 82; 1999 c.351 § 23a; 2013 c.32 § 7; 2013 c.537 § 6; 2021 c.351 § 60; 2023 c.539 § 15]
[1989 c.511 § 2; 1995 c.188 § 3; 1999 c.351 § 24; 2003 c.44 § 3; 2007 c.854 § 1; renumbered 471.282 in 2007]