Oregon Revised Statutes Chapter 471 § 471.221 — Brewery license; rules

Brewery license; rules. (1) As used in this section, “common control” means: (a) That a manufacturer, or any officer, director, substantial stockholder or other substantial equity holder in the manufacturer: (A) Directly or indirectly holds 50 percent or more interest in the brewery licensee; or (B) Has authority to direct the management of the brewery licensee; or (b) That a brewery licensee, or any officer, director, substantial stockholder or other substantial equity holder in the brewery licensee: (A) Directly or indirectly holds 50 percent or more interest in another manufacturer; or (B) Has authority to direct the management of another manufacturer. (2) A brewery license authorizes the licensee to: (a) Manufacture malt beverages on the licensed premises. (b) Sell to wholesale malt beverage and wine licensees, import, store, transport or export: (A) Malt beverages produced on the licensed premises; or (B) Malt beverages of a brand produced by a manufacturer that is under common control with the brewery licensee. (c) Sell wine, malt beverages or cider on the licensed premises at retail for consumption on or off the licensed premises. (d) Sell, in securely covered containers supplied by the consumer and having a capacity of not more than two gallons each, wine, malt beverages or cider for off-premises consumption. (e) Obtain a special events brewery license that entitles 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 brewery license for a period not exceeding five days. (f) Notwithstanding ORS 471.392 to 471.400, subject to ORS 471.175, hold a full on-premises sales license. (g) Conduct any activities authorized under paragraph (c), (d) or (f) of this subsection at up to two additional locations approved by the Oregon Liquor and Cannabis Commission. (3) Subject to ORS 471.235, a brewery licensee may hold a wholesale malt beverage and wine license. A brewery licensee must hold a wholesale malt beverage and wine license if the brewery licensee: (a) Imports, stores, transports or exports malt beverages of brands that are not produced by the licensee or a manufacturer under common control with the licensee; or (b) Except as provided in this paragraph, sells or distributes malt beverages. This paragraph does not apply to malt beverages described in subsection (2)(a) or (b) of this section sold at a licensed premises described in subsection (2)(a) of this section. (4) A brewery licensee and a winery licensee may not be under common control unless the winery licensee: (a) Uses its premises to produce wine or cider; and (b) Holds a valid producer and blender basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau. (5) Notwithstanding any other provision of this chapter, a brewery licensee, a manufacturer that is under common control with the brewery licensee or any officer, director, substantial stockholder or other substantial equity holder in the brewery licensee or in a manufacturer that is under common control with the brewery licensee may not sell malt beverages at retail at more than three locations in this state regardless of the number or type of licenses held by the licensee, manufacturer, officer, director, stockholder or equity holder. (6) A brewery licensee may produce malt beverages for a brewery-public house licensee under a custom order agreement. The commission may adopt rules regarding the contents of custom order agreements. (7) A brewery 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. (8)(a) An applicant for a brewery license that intends to offer alcoholic beverages for consumption on the licensed premises shall at the time of application apply for a service permit under ORS 471.375. (b) The commission may adopt rules to carry out this subsection. [2016 c.3 §2; 2019 c.373 §5; 2021 c.351 §58; 2023 c.539 §13; 2024 c.40 §5]