Oregon Statutes 471.200 – Brewery-public house license; rules
(1) A brewery-public house license allows the licensee to:
Terms Used In Oregon Statutes 471.200
- Commission: means the Oregon Liquor and Cannabis Commission. See Oregon Statutes 471.001
- Distilled liquor: includes distilled spirits. 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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) Manufacture on the licensed premises, store, transport, sell to wholesale malt beverage and wine licensees of the Oregon Liquor and Cannabis Commission and export malt beverages;
(b) Sell malt beverages manufactured on or off the licensed premises at retail for consumption on or off the premises;
(c) Sell malt beverages in brewery-sealed packages at retail directly to the consumer for consumption off the premises;
(d) Sell on the licensed premises at retail malt beverages manufactured on or off the licensed premises in unpasteurized or pasteurized form directly to the consumer for consumption off the premises, delivery of which may be made in a securely covered container supplied by the consumer;
(e) Sell wine and cider at retail for consumption on or off the premises;
(f) Sell for consumption off the premises wines and cider in securely covered containers supplied by the consumer and having capacities of not more than two gallons each;
(g) Conduct the activities, except manufacturing, described in paragraphs (a) to (f) of this subsection at two locations other than the premises where the manufacturing occurs;
(h) Obtain a special events brewery-public house license entitling the holder to conduct the activities allowed under paragraphs (b) to (f) of this subsection at a designated location other than the location set forth in the brewery-public house license for a period not exceeding five days;
(i) Distribute malt beverages manufactured at the licensed premises to any other premises licensed to the same licensee, whether a manufacturer, wholesaler or retail premises; and
(j) Distribute for export, in any amount, malt beverages manufactured at the licensed premises.
(2) In addition to the privileges specified in subsection (1) of this section, in any calendar year a brewery-public house licensee may sell at wholesale and distribute to licensees of the commission no more than 7,500 barrels of malt beverages produced by the brewery-public house licensee.
(3) A brewery-public house licensee, or any person having an interest in the licensee, is a retail licensee for the purposes of ORS § 471.394 and, except as otherwise provided by this section and ORS § 471.396, may not acquire or hold any right, title, lien, claim or other interest, financial or otherwise, in, upon or to the premises, equipment, business or merchandise of any manufacturer or wholesaler, as defined in ORS § 471.392. A brewery-public house licensee, or any person having an interest in the licensee, is also a manufacturer for the purposes of ORS § 471.394 and, except as otherwise provided by this section and ORS § 471.396, may not acquire or hold any right, title, lien, claim or other interest, financial or otherwise, in, upon or to the premises, equipment, business or merchandise of any other retail licensee, as defined in ORS § 471.392.
(4)(a) Except as provided in this subsection, a brewery-public house licensee, or any person having an interest in the licensee, is a retail licensee for the purposes of ORS § 471.398 and, except as otherwise provided by this section and ORS § 471.400, may not accept directly or indirectly any financial assistance described in ORS § 471.398 from any manufacturer or wholesaler, as defined in ORS § 471.392. A brewery-public house licensee, or any person having an interest in the licensee, is also a manufacturer for the purposes of ORS § 471.398 and, except as otherwise provided by this section and ORS § 471.400, may not provide directly or indirectly any financial assistance described in ORS § 471.398 to any retail licensee, as defined in ORS § 471.392. The prohibitions on financial assistance in ORS § 471.398 do not apply to financial assistance between manufacturing and retail businesses licensed to the same person under the provisions of this section.
(b) The commission may issue more than one brewery-public house license at a single premises if each licensee:
(A) Has a valid Brewer’s Notice issued by the federal Alcohol and Tobacco Tax and Trade Bureau at the premises address; and
(B) Otherwise complies with ORS § 471.398.
(c) A brewery-public house licensee may produce malt beverages for another brewery-public house licensee under a custom order agreement. The commission may adopt rules regarding the contents of custom order agreements.
(5) Notwithstanding subsection (3) of this section, a brewery-public house licensee, or any person having an interest in the licensee, may also hold a winery license authorized by ORS § 471.223. A brewery-public house licensee, or any person having an interest in the licensee, may also hold a warehouse license authorized by ORS § 471.242.
(6) Notwithstanding subsection (3) of this section, a brewery-public house licensee is eligible for limited on-premises sales licenses and temporary sales licenses.
(7) Notwithstanding subsection (3) of this section, a brewery-public house licensee, or any person having an interest in the licensee, may also hold a full on-premises sales license. If a person holds both a brewery-public house license and a full on-premises sales license, nothing in this chapter shall prevent the sale by the licensee of both distilled liquor and malt beverages manufactured under the brewery-public house license.
(8) Notwithstanding any other provision of this chapter, a brewery-public house licensee, or any person having an interest in the licensee, may also hold a distillery license. No provision of this chapter prevents a brewery-public house licensee that also holds a distillery license from being appointed by the commission as the distillery’s retail outlet agent for the purpose of selling distilled liquors under ORS § 471.230.
(9) Notwithstanding subsection (3) of this section, the commission by rule may authorize a brewery-public house licensee to coproduce special events with other manufacturers.
(10)(a) Notwithstanding subsection (3) of this section, a brewery-public house licensee may hold, directly or indirectly, an interest in a manufacturer or wholesaler, provided that the interest does not result in exercise of control over, or participation in the management of, the manufacturer’s or wholesaler’s business or business decisions and does not result in exclusion of any competitor’s brand of alcoholic liquor.
(b) Notwithstanding subsection (3) of this section, a manufacturer or wholesaler, and any officer, director or substantial stockholder of any corporate manufacturer or wholesaler, may hold, directly or indirectly, an interest in a brewery-public house licensee, provided that the interest does not result in exercise of control over, or participation in the management of, the licensee’s business or business decisions and does not result in exclusion of any competitor’s brand of alcoholic liquor.
(11) A brewery-public house licensee may purchase for sale at retail:
(a) Wine and cider only from the holder of a license or permit issued by the commission that authorizes the sale of wine or cider at wholesale to licensees of the commission; and
(b) Malt beverages not manufactured by the brewery-public house licensee only from the holder of a license or permit issued by the commission that authorizes the sale of malt beverages at wholesale to licensees of the commission.
(12) On or before the 20th day of each month, a brewery-public house licensee shall submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS § 471.274 during the immediately preceding calendar month, and any other information required by the commission by rule.
(13) For purposes of ORS Chapter 473, a brewery-public house licensee shall be considered to be a manufacturer.
(14) The holder of a brewery-public house license that uses a third-party delivery facilitator to make deliveries on behalf of the holder is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.
(15) The commission may adopt rules to carry out this section. [Formerly 471.253; 2003 c.15 § 1; 2005 c.22 § 344; 2007 c.134 § 4; 2009 c.38 § 1; 2009 c.140 § 2; 2009 c.143 § 1; 2013 c.32 § 4; 2013 c.537 § 3; 2015 c.443 § 1; 2017 c.34 § 1; 2017 c.533 § 7; 2019 c.373 § 4; 2021 c.351 § 57; 2023 c.391 § 7; 2023 c.539 § 12]
[Amended by 1999 c.351 § 15; renumbered 471.403 in 1999]
[Amended by 1967 c.359 § 693; 1977 c.518 § 3; 1979 c.45 § 1; 1979 c.264 § 5a; 1983 c.691 § 1; 1983 c.740 § 187; 1985 c.591 § 1; 1987 c.511 § 1; 1989 c.48 § 1; 1995 c.301 § 54; 1999 c.351 § 21; renumbered 471.155 in 1999]
[1989 c.846 § 16; renumbered 471.164 in 1999]
[Amended by 1957 c.223 § 1; 1995 c.301 § 55; 1999 c.351 § 45; renumbered 471.157 in 1999]
[1967 c.173 § 2; 1974 c.4 § 1; 1977 c.332 § 3; repealed by 1979 c.264 § 14]
[1997 c.841 § 4; 1999 c.351 § 22; renumbered 471.168 in 1999]
[Amended by 1955 c.657 § 1; 1977 c.332 § 4; 1979 c.264 § 4; 1987 c.608 § 5; 1989 c.785 § 11; 1991 c.545 § 1; 1993 c.663 § 1; 1995 c.301 § 14; 1997 c.257 § 1; 1999 c.351 § 15b; 2011 c.123 § 1; 2015 c.673 § 2; repealed by 2016 c.3 § 8]
(Manufacturing and Wholesale Licenses)