ORS 215.449
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 (Definitions for ORS chapters 471 and 473).

(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)

Intentionally left blank —Ed.

(a)

A farm brewery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(bb) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (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)

Intentionally left blank —Ed.
(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 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) 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)

Intentionally left blank —Ed.

(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 farm brewery shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the farm brewery with this subsection for the previous tax year.

(6)

Except as provided by subsections (7) and (8) of this section, a farm brewery may carry out agri-tourism or other commercial events described in subsection (3)(d) of this section for up to 18 days per calendar year.

(7)

A farm brewery in the Willamette Valley may carry out agri-tourism or other commercial events as provided in subsection (6) of this section, provided:

(a)

Events on the first six days of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multiyear license that:

(A)

Has a term of five years; and

(B)

Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section.

(b)

The local government’s decision on a license under paragraph (a) of this subsection is not:

(A)

A land use decision, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), and is not subject to review by the Land Use Board of Appeals.

(B)

A permit, as defined in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) or 227.160 (Definitions for ORS 227.160 to 227.186).

(c)

Events on days seven through 18 of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multiyear permit that:

(A)

Has a term of five years;

(B)

Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section; and

(C)

Is subject to notice as specified in ORS 215.416 (Permit application) (11) or 227.175 (Application for permit or zone change) (10).

(d)

The local government’s decision on a permit under paragraph (c) of this subsection is:

(A)

A land use decision, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), and is subject to review by the Land Use Board of Appeals.

(B)

A permit, as defined in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) or 227.160 (Definitions for ORS 227.160 to 227.186).

(8)

Intentionally left blank —Ed.

(a)

A local government with land use jurisdiction over the site of a farm brewery shall ensure that agri-tourism or other commercial events occurring as described in subsection (3)(d) of this section are subordinate to the production and sale of malt beverages and do not create significant adverse impacts to uses on surrounding land.

(b)

A local government may impose conditions on a license or permit issued pursuant to subsection (7) of this section as necessary to meet the requirements of paragraph (a) of this subsection. The conditions must be related to:

(A)

The number of event attendees;

(B)

The hours of event operation;

(C)

Access and parking;

(D)

Traffic management;

(E)

Noise management; and

(F)

Sanitation and solid waste.

(9)

A local government may charge a fee for processing a license or permit under subsections (6) and (7) of this section. The fee may not exceed the actual or average cost of providing the applicable licensing or permitting service.

(10)

When a bed and breakfast facility is sited as a home occupation on the same tract as a farm brewery as described in subsection (3)(f) of this section:

(a)

The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

(b)

The meals may be served at the bed and breakfast facility or at the farm brewery.

(11)

A farm brewery operating under this section shall provide parking for all activities or uses of the tract on which the farm brewery is situated.

(12)

A local government with land use jurisdiction over the site of a farm brewery shall ensure that the farm brewery complies with:

(a)

Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

(b)

Regulations of general applicability for the public health and safety; and

(c)

Regulations for resource protection acknowledged to comply with any statewide goal relating to open spaces, scenic and historic areas and natural resources.

(13)

Intentionally left blank —Ed.

(a)

For the purpose of limiting demonstrated conflicts with accepted farm and forest practices on adjacent lands, a local government with land use jurisdiction over the site of a farm brewery shall:

(A)

Except as provided in paragraph (b) of this subsection, establish a setback of at least 100 feet from all property lines for the farm brewery and all public gathering places; and

(B)

Require farm breweries to provide direct road access and internal circulation for the farm brewery and all public gathering places.

(b)

A local government may allow a setback of less than 100 feet by granting a farm brewery an adjustment or variance to the requirement described in paragraph (a)(A) of this subsection. [2019 c.244 §2]

Source: Section 215.449 — Farm brewery; conditions; permissible uses; reporting, https://www.­oregonlegislature.­gov/bills_laws/ors/ors215.­html.

215.010
Definitions
215.020
Authority to establish county planning commissions
215.030
Membership of planning commission
215.042
Planning director
215.044
Solar access ordinances
215.047
Effect of comprehensive plan and land use regulations on solar access ordinances
215.050
Comprehensive planning, zoning and subdivision ordinances
215.060
Procedure for action on plan
215.080
Power to enter upon land
215.090
Information made available to commission
215.100
Cooperation with other agencies
215.110
Recommendations for implementation of comprehensive plan
215.130
Application of ordinances and comprehensive plan
215.135
Expansion of nonconforming school in exclusive farm use zone
215.170
Authority of cities in unincorporated area
215.185
Remedies for unlawful structures or land use
215.190
Violation of ordinances or regulations
215.203
Zoning ordinances establishing exclusive farm use zones
215.209
Department of Land Conservation and Development database
215.211
Agricultural land
215.212
Soils Assessment Fund
215.213
Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993
215.215
Reestablishment of nonfarm use
215.218
Certain private hunting preserves not subject to land use approval
215.223
Procedure for adopting zoning ordinances
215.233
Validity of ordinances and development patterns adopted before September 2, 1963
215.236
Nonfarm dwelling in exclusive farm use zone
215.237
Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone
215.238
Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity
215.239
Siting of agri-tourism event or activity
215.243
Agricultural land use policy
215.246
Approval of land application of certain substances
215.247
Transport of biosolids to tract of land for application
215.249
Division of land for application of biosolids
215.251
Relationship to other farm uses
215.253
Restrictive local ordinances affecting farm use zones prohibited
215.255
Farm product processing facility
215.262
Legislative findings related to nonfarm dwellings
215.263
Land divisions in exclusive farm use zones
215.265
Land divisions
215.273
Applicability to thermal energy power plant siting determinations
215.274
Associated transmission lines necessary for public service
215.275
Utility facilities necessary for public service
215.276
Required consultation for transmission lines to be located on high-value farmland
215.277
Farmworker housing
215.278
Accessory dwellings for farmworkers
215.279
Farm income standard for dwelling in conjunction with farm use
215.281
Legislative findings related to dwellings in conjunction with commercial dairy farm
215.282
Dwellings in conjunction with commercial dairy farm
215.283
Uses permitted in exclusive farm use zones in nonmarginal lands counties
215.284
Dwelling not in conjunction with farm use
215.291
Alteration, restoration or replacement of lawfully established dwelling
215.293
Dwelling in exclusive farm use or forest zone
215.294
Railroad facilities handling materials regulated under ORS chapter 459 or 466
215.296
Standards for approval of certain uses in exclusive farm use zones
215.297
Verifying continuity for approval of certain uses in exclusive farm use zones
215.298
Mining in exclusive farm use zone
215.299
Policy on mining resource lands
215.301
Blending materials for cement prohibited near vineyards
215.304
Rule adoption
215.306
Conducting filming activities in exclusive farm use zones
215.311
Log truck parking in exclusive farm use zones
215.312
Public safety training facility
215.316
Termination of adoption of marginal lands
215.317
Permitted uses on marginal land
215.327
Divisions of marginal land
215.401
Preapplication process for land use approval of disposal site for composting
215.402
Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780
215.406
Planning and zoning hearings officers
215.412
Adoption of hearing procedure and rules
215.416
Permit application
215.417
Time to act under certain approved permits
215.418
Approval of development on wetlands
215.422
Review of decision of hearings officer or other authority
215.425
Review of decision relating to aggregate resources
215.427
Final action on permit or zone change application
215.429
Mandamus proceeding when county fails to take final action on land use application within specified time
215.431
Plan amendments
215.433
Supplemental application for remaining permitted uses following denial of initial application
215.435
Deadline for final action by county on remand of land use decision
215.437
Mandamus proceeding when county fails to take final action within specified time on remand of land use decision
215.438
Transmission towers
215.439
Solar energy systems in residential or commercial zones
215.441
Use of real property for religious activity
215.445
Use of private property for mobile medical clinic
215.446
Renewable energy facility
215.447
Photovoltaic solar power generation facilities on high-value farmland
215.448
Home occupations
215.449
Farm brewery
215.451
Cider business
215.452
Winery
215.453
Large winery
215.454
Lawful continuation of certain winery-related uses or structures
215.455
Effect of approval of winery on land use laws
215.456
Siting winery as commercial activity in exclusive farm use zone
215.457
Youth camps allowed in forest zones and mixed farm and forest zones
215.459
Private campground in forest zones and mixed farm and forest zones
215.461
Guest ranch
215.462
Limitations on guest ranch
215.495
Accessory dwelling units in rural residential zones
215.501
Conversion of historic homes to accessory dwelling units in rural residential zones
215.503
Legislative act by ordinance
215.513
Forwarding of notice to property purchaser
215.605
Counties authorized to adopt housing codes
215.606
Standards for clustered mailboxes in county roads and rights-of-way
215.615
Application and contents of housing ordinances
215.700
Resource land dwelling policy
215.705
Dwellings in farm or forest zone
215.710
High-value farmland description for ORS 215.705
215.720
Criteria for forestland dwelling under ORS 215.705
215.730
Additional criteria for forestland dwelling under ORS 215.705
215.740
Large tract forestland dwelling
215.750
Alternative forestland dwelling
215.755
Other forestland dwellings
215.757
Accessory dwellings supporting family forestry
215.760
Agricultural buildings on land zoned for forest use or mixed farm and forest use
215.780
Minimum lot or parcel sizes
215.783
Land division to preserve open space or park
215.785
Exception to minimum lot or parcel sizes
215.788
Legislative review of lands zoned for farm and forest use
215.791
Review of nonresource lands for ecological significance
215.794
Review of county rezoning designations
215.799
Location of dwellings on wildlife habitat land
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