Oregon Statutes 471.242 – Warehouse license
(1) A warehouse license shall allow the licensee to store, import, bottle, produce, blend, transport and export nontax paid, bonded wine or wine on which the tax is paid and to store, import and export nontax paid malt beverages and cider, or malt beverages and cider on which the tax is paid. Wine, cider and malt beverages may be removed from the licensed premises only for:
Terms Used In Oregon Statutes 471.242
- Commission: means the Oregon Liquor and Cannabis Commission. See Oregon Statutes 471.001
- 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
- Malt beverage: means beer, ale, porter, stout and other similar fermented beverages that contain more than one-half of one percent and not more than 16 percent of alcohol by volume and that are brewed or produced from malt, wholly or in part, or from rice, grain, bran, glucose, sugar or molasses as a substitute for malt. 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) Sale for export;
(b) Sale or shipment to a wholesale malt beverage and wine licensee;
(c) Sale or shipment to another warehouse licensee;
(d) Sale or shipment to a winery licensee;
(e) Shipment of wine or cider produced by a winery licensee to a licensee of the Oregon Liquor and Cannabis Commission authorized to sell wine or cider at retail if the shipment is made pursuant to a sale to the retail licensee by the holder of a winery license issued under ORS § 471.223, a grower sales privilege license issued under ORS § 471.227 or a wholesale malt beverage and wine license issued under ORS § 471.235; or
(f) Shipment of malt beverages, wine or cider to a person for personal use, as described in subsection (7) of this section.
(2) A license applicant must hold an approved registration for a bonded wine cellar or winery under federal law.
(3) For the purposes of tax reporting, payment and record keeping, the provisions that shall apply to a manufacturer under ORS Chapter 473 shall apply to a warehouse licensee.
(4) A warehouse must be physically secure in an area zoned for the intended use and be physically separated from any other use.
(5) For purposes of ORS § 471.392 to 471.400, a warehouse licensee shall be considered a manufacturer.
(6) For purposes of ORS § 473.045, a warehouse licensee shall be considered a winery licensee.
(7) Malt beverages, wine or cider may be removed from the premises licensed under this section for shipment pursuant to a sale under ORS § 471.282. The warehouse licensee shall take reasonable steps to ensure that shipments are made in containers that are conspicuously labeled with the words: ‘CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.’ In addition, the warehouse licensee shall take reasonable steps to ensure that any carrier used by the licensee does not deliver any malt beverages, wine or cider unless the carrier:
(a) Obtains the signature of the recipient of the malt beverages, wine or cider upon delivery;
(b) Verifies by inspecting government-issued photo identification that the recipient is at least 21 years of age; and
(c) Determines that the recipient is not visibly intoxicated at the time of delivery. [1985 c.628 § 2; 1989 c.553 § 1; 1995 c.35 § 1; 1995 c.301 § 83; 1999 c.351 § 67; 2007 c.638 § 1; 2015 c.673 § 4; 2021 c.351 § 63]
(Certificates of Approval)