Oregon Revised Statutes Chapter 215 § 215.449 — Farm

Farm brewery; conditions; permissible uses; reporting. (1) As used in this section: (a) “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of malt beverages produced in conjunction with the farm brewery is a secondary purpose of the event. (b) “Brewer” means a person who makes malt beverages. (c) “Farm brewery” means a facility, located on or contiguous to a hop farm, used primarily for the commercial production, shipping and distribution, wholesale or retail sales, or tasting of malt beverages made with ingredients grown on the hop farm. (d) “Hop farm” means a tract of land planted with hops. (e) “Malt beverage” has the meaning given that term in ORS 471.001. (f) “On-site retail sale” includes the retail sale of malt beverages in person at the farm brewery site, through a club or over the Internet or telephone. (2)(a) A farm brewery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(bb) and 215.283 (1)(z) or on land zoned for mixed farm and forest use if the farm brewery: (A) Produces less than 150,000 barrels of malt beverages annually, inclusive of malt beverages produced by the farm brewery’s owners or operators at the farm brewery or elsewhere, through any entity owned or affiliated with the farm brewery; (B) Produces less than 15,000 barrels of malt beverages annually on the farm brewery site; and (C)(i) Owns an on-site hop farm of at least 15 acres; (ii) Owns a contiguous hop farm of at least 15 acres; (iii) Has a long-term contract for the purchase of all of the hops from at least 15 acres of a hop farm contiguous to the farm brewery; or (iv) Obtains hops from a total of 15 acres from any combination of sources described in sub-subparagraph (i), (ii) or (iii) of this subparagraph. (b) For purposes of this subsection, land planted with other ingredients used in malt beverages produced by the farm brewery counts towards the acreage minimums. (3) In addition to any other activities authorized for a farm brewery, a farm brewery established under this section may: (a) Market malt beverages produced in conjunction with the farm brewery. (b) Conduct operations that are directly related to the sale or marketing of malt beverages produced in conjunction with the farm brewery, including: (A) Malt beverage tastings in a tasting room or other location on the premises occupied by the farm brewery; (B) Malt beverage club activities; (C) Brewer luncheons and dinners; (D) Farm brewery and hop farm tours; (E) Meetings or business activities with farm brewery suppliers, distributors, wholesale customers and malt beverage industry members; (F) Farm brewery staff activities; (G) Open house promotions of malt beverages produced in conjunction with the farm brewery; and (H) Similar activities conducted for the primary purpose of promoting malt beverages produced in conjunction with the farm brewery. (c) Market and sell items directly related to the sale or promotion of malt beverages produced in conjunction with the farm brewery, the marketing and sale of which is incidental to on-site retail sale of malt beverages, including food and beverages: (A) Required to be made available in conjunction with the consumption of malt beverages on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or (B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection. (d) Subject to subsections (6) to (9) of this section, carry out agri-tourism or other commercial events on the tract occupied by the farm brewery. (e) Host charitable activities for which the farm brewery does not charge a facility rental fee. (f) Site a bed and breakfast as a home occupation on the same tract as, and in association with, the farm brewery. (4) A farm brewery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (3)(c) of this section. Food and beverage services authorized under subsection (3)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public. (5)(a) The gross income of the farm brewery from the sale of incidental items or services provided pursuant to subsection (3)(c) to (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of malt beverages produced in conjunction with the farm brewery. The gross income of a farm brewery does not include income received by third parties unaffiliated with the farm brewery. (b) At the request of a local government with land use jurisdiction over the site of a farm brewery, the fa