Winery And Grower Sales Privilege Form. This is a Oregon form and can be use in Liquor Control Commission Statewide.
Tags: Winery And Grower Sales Privilege, Oregon Statewide, Liquor Control Commission
OREGON LIQUOR CONTROL COMMISSION WINERY AND GROWER SALES PRIVILEGE FEDERAL QUALIFICATIONS In addition to applying for an Oregon State liquor license, if you are producing an alcoholic beverage for commercial purposes (not for personal or family use), storing, blending, or bottling untaxpaid alcohol, or wholesaling or importing alcohol products, you must file a permit application with the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) and receive a permit before starting production. Please answer the following questions regarding the Federal Permit for your Oregon business, and attach a copy of your Federal Permit or Federal Permit application. For descriptions of Federal Permits, see the back of this form. 1. My business structure on a Federal Level is based on the following (check one): Bonded Winery Distillery Alternating Proprietor Brewery/Brewpub Custom Crush Client (Wholesaler) Alcoholic Beverage Wholesaler Bonded Wine Cellar 2. Check the box next to statement that describes the Federal Permit for your Oregon business: I have my required Federal Permit at this location in Oregon. A copy of my Federal Permit is attached. I have applied for my required Federal Permit at this location in Oregon, but have not received my Federal Permit. A copy of my Federal Permit application is attached. I understand that I must submit a copy of my Federal Permit to OLCC when I receive it. I have not applied for my required Federal Permit at this location in Oregon because I have not started any of the activities that require a Federal Permit. No copy of a Federal Permit or application is attached. I understand that I must submit a copy of the Federal Permit application to the OLCC when I file the application, and that I must submit a copy of my Federal Permit to OLCC when I receive it. Wineries must answer the following questions: 3. Are purchasing an existing Winery? Yes No If yes, please provide the tradename: _____________________________________ 4. Are you owned by another Winery? Yes No If yes, please provide the tradename: _____________________________________ 5. Are you working with another licensed Oregon winery or wineries that will be involved in the production or storage of your wine or cider? Yes No If yes, what services will the winery provide for your business: Produce wine or cider under a custom crush agreement at (other winery’s tradename) ____________________ Provide equipment or materials: alternating proprietorship at (other winery’s tradename) __________________ Bottle and label your wine or cider at (other winery’s tradename) _______________________________ Store wine or cider during fermentation process at (other winery’s tradename) __________________________ Store finished wine or cider at (other winery’s tradename) _________________________ Other (please list) _____________________________________ Attach additional sheets if you are working with more than one other winery to do any of these activities. I understand that if my answers are not true and complete, the OLCC may deny my license application. Applicant: ______________________________________ Tradename: ___________________________________ Signature: ______________________________________ Date: ________________________________________ _ page 1 of 2 1-800-452-6522 www.oregon.gov/olcc Rev. 10/08 American LegalNet, Inc. www.FormsWorkFlow.com Federal Qualifications Knowing which Federal permit to apply for can be confusing. Here is some information to assist you in figuring out which Federal Permit you need for your business: Bonded Winery: A company that qualifies as a stand-alone winery; it is responsible for all production activities that take place on the Federal bonded premises and record keeping that documents those activities and filing reports about the activities to the TTB. This may include obtaining label approval for the wine prior to bottling and paying Federal excise tax on the wine. The proprietor incurs expenses for all necessary wine making equipment and premises. Alternating Proprietor (Wine): Individuals or corporations that want to make wine for commercial purposes, but are not interested in building or buying a winery of their own. These companies share a winery facility with other companies, and will qualify with TTB as an Alternating Proprietor winery. When two or more wineries are approved by TTB to share use of portions of the same Federal bonded wine premises on an alternating basis, they are known as Alternating Proprietors. The wine company which owns or controls the building is know by the TTB as the “Host”, and the other wineries which share the premises are referred to as “Tenants” or “Alternators”. The Host and Tenant wineries are each fully qualified as bonded wineries with TTB, and each company is responsible for its own production, record keeping, reporting, labeling, and taxes, independent of one another. The tenant proprietor must direct and be fully responsible for those things that are usual and customary for the production, bottling and storage of wine (as applicable) and the managing of the business. In most situations, the Host agrees to rent space and equipment to the Tenant proprietor. This allows existing wineries to use excess space and capacity and gives new entrants to the wine business an opportunity to begin on a small scale without investing in a winery building and all of the necessary winemaking equipment. Alternating Proprietor (Malt Beverage): Alternating brewery proprietorships allow existing breweries to use excess capacity and give new entrants to the malt beverage business an opportunity to begin on a small scale, without investing in premises and equipment. Generally, the proprietor of an existing brewery, the “host brewer,” agrees to rent space and equipment to a new “tenant brewer.” Both the host and tenant secure permits and qualify as brewers with TTB. The tenant produces malt beverage, keeps appropriate brewery records, labels the malt beverage with its own name and address, obtains the necessary TTB label approval, and pays tax at the appropriate rate upon removal of its malt beverage from the brewery. The tenant brewer has title to the malt beverage at all stages of the brewing process. Custom Crush Client (Wholesaler): Individuals or corporations that buy or grow grapes or other fruit that they would like to have made into wine, and pay another winery to make the wine for them. The custom wine producer (“customer crush winery”) must be fully qualified as a bonded winery, and is responsible for all production, records, reports, labeling, and taxes, even though it is producing wine for a customer. The wine premises that bottles the wine obtains approval from the TTB for the wine’s label, and the wine premises that removes the wine from bond pays the Federal excise tax on the wine, regardless of who owns the wine. In most cases, the custom crush client needs to qualify for a Federal Basic Permit as Wholesale Liquor Dealer (Wholesaler) under the Federal Alcohol Administration Act. See TTB’s Wine Frequently Asked Questions for further information and exceptions. Contract Brewer (Wholesaler): An individual or corporation pays a brewing company, the contract brewer, to produce malt beverages for him or her. The contract brewer is entirely responsible for producing the malt beverage, keeping appropriate brewery records, labeling the malt beverage with its name and address, obtaining necessary certificates of TTB label approval, and paying tax at the appropriate rate upon removal of the malt beverage from the brewery. The contract brewer retains title to the malt beverage at least until the beverage is taxpaid or removed from the brewery. In most cases, the contract brewer client needs to qualify for a Federal Basic Permit as Wholesale Liquor Dealer (Wholesaler) under the Federal Alcohol Administration Act. Bonded Wine Cellar: Companies that only store, blend, or bottle untaxpaid wine qualify with TTB as Bonded Wine Cellars. For our purposes, the term “bonded wine cellar” is used to identify those premises which store, blend or bottle untaxpaid wine, but do not produce wine (“bonded wineries”) as defined by the TTB. Distillery: An individual or corporation that produces, bottles, rectifies, process or stores beverage spirits. Examples of beverage distilled spirits include neutral spirits or alcohol (i.e. vodka or grain spirits), whiskey, gin, brandy, blended applejack, rum, Tequila, cordials and liqueurs. Brewery/Brewpub: An individual or corporation that produces malt beverages, keeps appropriate brewery records, labels the product with its name and address, obtains necessary certificates of TTB label approval, and pays tax at the appropriate rate upon removal of the product from the brewery. Alcoholic Beverage Wholesaler: An individual or corporation that sells beverage alcohol products they did not produce or manufacture at wholesale to other wholesalers or retailers. For further information on your Federal Permit, visit the Federal Web Page: www.ttb.gov page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com