(1)A warehouse license shall allow the licensee to store, import, bottle, produce, blend, transport and export nontax paid, bonded wine or wine on which the tax is paid and to store, import and export nontax paid malt beverages and cider, or malt beverages and cider on which the tax is paid. Wine, cider and malt beverages may be removed from the licensed premises only for:
(a)Sale for export;
(b)Sale or shipment to a wholesale malt beverage and wine licensee;
(c)Sale or shipment to another warehouse licensee;
(d)Sale or shipment to a winery licensee;
(e)Shipment of wine or cider produced by a winery licensee to a licensee of the Oregon Liquor and Cannabis Commission authorized to sell wine or cider at retail if the shipment is made pursuant to a sale to the retail licensee by the holder of a winery license issued under ORS 471.223 (Winery license), a grower sales privilege license issued under ORS 471.227 (Grower sales privilege license) or a wholesale malt beverage and wine license issued under ORS 471.235 (Wholesale malt beverage and wine license); or
(f)Shipment of malt beverages, wine or cider to a person for personal use, as described in subsection (7) of this section.
(2)A license applicant must hold an approved registration for a bonded wine cellar or winery under federal law.
(3)For the purposes of tax reporting, payment and record keeping, the provisions that shall apply to a manufacturer under ORS chapter 473 shall apply to a warehouse licensee.
(4)A warehouse must be physically secure in an area zoned for the intended use and be physically separated from any other use.
(5)For purposes of ORS 471.392 (Definitions for ORS 471.392 to 471.400) to 471.400 (Exceptions to prohibition of financial assistance), a warehouse licensee shall be considered a manufacturer.
(6)For purposes of ORS 473.045 (Tax on sale or use of agricultural products used by wineries), a warehouse licensee shall be considered a winery licensee.
(7)Malt beverages, wine or cider may be removed from the premises licensed under this section for shipment pursuant to a sale under ORS 471.282 (Direct shipper permit). The warehouse licensee shall take reasonable steps to ensure that shipments are made in containers that are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.” In addition, the warehouse licensee shall take reasonable steps to ensure that any carrier used by the licensee does not deliver any malt beverages, wine or cider unless the carrier:
(a)Obtains the signature of the recipient of the malt beverages, wine or cider upon delivery;
(b)Verifies by inspecting government-issued photo identification that the recipient is at least 21 years of age; and
(c)Determines that the recipient is not visibly intoxicated at the time of delivery. [1985 c.628 §2; 1989 c.553 §1; 1995 c.35 §1; 1995 c.301 §83; 1999 c.351 §67; 2007 c.638 §1; 2015 c.673 §4; 2021 c.351 §63]
Section 471.242 — Warehouse license,