Oregon Revised Statutes Chapter 215 § 215.451 — Cider

Cider business; 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 cider produced in conjunction with the cider business is a secondary purpose of the event. (b)(A) “Cider” means an alcoholic beverage made from the fermentation of the juice of apples or pears. (B) “Cider” includes but is not limited to flavored cider, sparkling cider and carbonated cider. (c) “Cider business” means a facility used primarily for the commercial production, shipping and distribution, wholesale or retail sales, tasting, crushing, making, blending, storage, bottling, administrative functions or warehousing of cider. (d) “Cidermaker” means a person who makes cider. (e) “On-site retail sale” includes the retail sale of cider in person at the cider business site, through a cider club or over the Internet or telephone. (f) “Orchard” means a piece of land planted with apple or pear trees. (2) A cider business may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(aa) and 215.283 (1)(y) or on land zoned for mixed farm and forest use if the cider business produces: (a) Less than 100,000 gallons of cider annually and the cider business: (A) Owns an on-site orchard of at least 15 acres; (B) Owns a contiguous orchard of at least 15 acres; (C) Has a long-term contract for the purchase of all of the apples or pears from at least 15 acres of an orchard contiguous to the cider business; or (D) Obtains apples or pears from any combination of subparagraph (A), (B) or (C) of this paragraph; or (b) At least 100,000 gallons of cider annually and the cider business: (A) Owns an on-site orchard of at least 40 acres; (B) Owns a contiguous orchard of at least 40 acres; (C) Has a long-term contract for the purchase of all of the apples or pears from at least 40 acres of an orchard contiguous to the cider business; (D) Owns an on-site orchard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of orchards in Oregon that are located within 15 miles of the cider business site; or (E) Obtains apples or pears from any combination of subparagraph (A), (B), (C) or (D) of this paragraph. (3) In addition to any other activities authorized for a cider business, a cider business established under this section may: (a) Market cider produced in conjunction with the cider business. (b) Conduct operations that are directly related to the sale or marketing of cider produced in conjunction with the cider business, including: (A) Cider tastings in a tasting room or other location on the premises occupied by the cider business; (B) Cider club activities; (C) Cidermaker luncheons and dinners; (D) Cider business and orchard tours; (E) Meetings or business activities with cider business suppliers, distributors, wholesale customers and cider industry members; (F) Cider business staff activities; (G) Open house promotions of cider produced in conjunction with the cider business; and (H) Similar activities conducted for the primary purpose of promoting cider produced in conjunction with the cider business. (c) Market and sell items directly related to the sale or promotion of cider produced in conjunction with the cider business, the marketing and sale of which is incidental to on-site retail sale of cider, including food and beverages: (A) Required to be made available in conjunction with the consumption of cider 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 cider business. (e) Host charitable activities for which the cider business does not charge a facility rental fee. (f) Site a bed and breakfast as a home occupation on the same tract, and in association with, the cider business. (4) A cider business 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 cider business 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 cider produced in conjunction with the c