AR25-023 Staff Decision - Laserfiche WebLink

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2. Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including: a. Wine tastings in a tasting room or other location on the premises occupied by the winery; b. Wine club activities; c. Winemaker luncheons and dinners; d. Winery and vineyard tours; e. Meetings or business activities with winery suppliers, distributors, wholesale customers and wine- industry members; f. Winery staff activities; g. Open house promotions of wine produced in conjunction with the winery; and h. Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery. 3. Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to on-site retail sale of wine, including food and beverages: a. Required to be made available in conjunction with the consumption of wine 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 subsection (B)(2), (4) or (5) of this section. 4. Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to subsections (E) and (F) of this section. 5. Host charitable activities for which the winery does not charge a facility rental fee. The applicant currently harvest grapes on the property and has entered into custom crush agreements to produce wine offsite and currently stores the wine offsite as well. The applicants propose to establish a tasting room onsite in an existing building. They further intend to locate their wine making equipment and storage facilities in the same building. The proposed winery would accommodate events such as winemaker luncheons and dinners, and tours of the vineyard and winery, meetings or business activities with winery suppliers, distributors, wholesale customers and wine industry members, staff activities and open house events. The applicant also indicated that there may be incidental sales of items related to wine produced onsite, which may include food and beverages. The applicant is also interested in hosting a wine club, and commercial and charitable events. The applicants also stated that they were interested in carrying out agri-tourism or other commercial activities that comply with subsection (E) and (F) of MCC 17.125.030. These criteria may be met with all requirements being made conditions of approval. C. A winery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (B)(3) of this section. Food and beverage services authorized under subsection (B)(3) 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. The applicants stated that they understand the licensing and restrictions if and when they chose to include an on -site kitchen facility. The criterion is met, and the restrictions shall be made a condition of approval. D. The gross income of the winery from the sale of incidental items or services provided pursuant to subsections (B)(3) to (5) of this section may not exceed 25 percent of the gross income from the on -site retail sale of wine produced in conjunction with the winery. The gross income of a winery does not include income received by third parties unaffiliated with the winery. At the request of the planning director, the winery shall submit a written statement that is prepared by a certified public accountant and certifies the compliance of the winery with this section for the previous tax year. The applicants provided projected sales volumes and dollar amounts and indicated that they understand the calculations required to abide by this provision and further state that they will comply with the requirements of this section. The criterion is met and shall be a condition of approval. E. A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the winery, subject to the following: 1. Events on the first six days of the 18-day limit per calendar year shall be authorized through the issuance of a renewable multi-year license that has a term of five years and is subject to an administrative review to determine necessary conditions pursuant to subsection (F) of this section. The license described in this