Surety Bond Encyclopedia

Winery Bond - Oregon Liquor Cannabis Commission in Oregon

Brief Summary

Most new Oregon wineries assume their federal TTB bond covers this. It does not. The OLCC privilege tax bond is a separate state filing, required for each winery production location, with a $1,000 minimum. A surety bond meets it for an annual premium, so you are not leaving cash, a letter of credit or securities on deposit with the state.

ORS 471.155 requires every Oregon winery licensee to keep a bond on file with the Oregon Liquor and Cannabis Commission, written by a corporate surety authorized in Oregon and payable to the OLCC. The OLCC sets the amount, publishes a minimum of $1,000 and requires a bond for each winery production location. A winery that owed no privilege tax last year and expects none this year, or a new winery that expects none, gets the bond waived under ORS 473.065(4) unless the OLCC finds an unusual risk of nonpayment.

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How to Apply for a Winery Bond:

  • Check whether the winery qualifies for a waiver under ORS 473.065(4) before buying a bond.
  • Ask the OLCC for the bond amount assigned to the license. The published minimum is $1,000.
  • Use the licensee name exactly as it appears on the OLCC winery license application.
  • Complete the surety application and review the quoted premium.
  • Sign the executed bond, payable to the Oregon Liquor and Cannabis Commission, and file it with the OLCC.
  • Keep the bond in force. ORS 471.155 requires it to be maintained on file at all times while the license is held.

Detailed Information About the Oregon Winery Bond:

This is a state bond, not your federal bond

The OLCC publishes a short guide called Bonded Premises vs. Privilege Tax Bond that separates the two. Bonded premises is a federal term for the place where wine is made and held before federal excise tax is paid. The privilege tax bond is a state requirement. It lets the OLCC collect if Oregon privilege taxes go unpaid. The OLCC lists Winery (each production location) among the license types that must post it before approval, unless the licensee qualifies for a waiver.

How much the bond is

ORS 471.155(1) says the bond must be in a form and amount acceptable to the commission. The OLCC guide states that the minimum bond amount is $1,000. Ask the OLCC bond desk (olcc.bonds@olcc.oregon.gov) for the amount assigned to your license before the bond is written, so the surety issues it at the right figure the first time.

What the bond guarantees

The bond is payable to the OLCC. It guarantees that the licensee will pay any fine imposed for a violation of the Liquor Control Act, and all license fees, privilege taxes, taxes imposed under ORS 473.045 and other taxes on alcoholic liquors, together with penalties and interest.

When the OLCC waives it

Under ORS 473.065(4) the commission shall waive the bond for a winery if the winery was not liable for privilege tax in the preceding calendar year and does not expect to be liable in the current year, or if the winery was established this calendar year and does not expect to be liable this year. The OLCC can still require the bond if it finds the winery presents an unusual risk of nonpayment.

Alternatives to a surety bond

ORS 471.155(2) lets a licensee deposit cash, bank letters of credit recognized by the State Treasurer, or negotiable securities approved by the State Treasurer instead of a bond. ORS 473.065(1) adds a smaller option. If total privilege tax liability for the previous calendar year was less than $1,000, the winery may deposit cash equal to that liability in place of the bond. Excess can be refunded or applied to next year, and any shortfall is paid to the OLCC.

The small winery exemption

OAR 845-008-0060 lets a winery that produces less than 100,000 gallons in a calendar year, holds a federal basic permit and produces at least 1 gallon that year exempt up to 40,000 gallons of wine from privilege tax. Wineries using the exemption should ask the OLCC how it affects their bond or waiver status.

Eligibility and Requirements for a Oregon Winery Bond:

  • A corporate surety authorized to transact business in Oregon.
  • Oregon Liquor and Cannabis Commission named as obligee.
  • A bond for each winery production location.
  • An amount acceptable to the OLCC, not less than $1,000.
  • Conditions covering Liquor Control Act fines, license fees, privilege taxes and other alcohol taxes, with penalties and interest.

Oregon Winery Bond FAQs:

I already have a federal TTB bond. Does that cover the OLCC requirement?

No. The OLCC treats federal bonded premises and the Oregon privilege tax bond as two different things. The privilege tax bond is filed with the OLCC and guarantees payment of Oregon taxes, fees and fines.

How much is the bond?

ORS 471.155 leaves the amount to the OLCC, and the OLCC states a minimum of $1,000. Get the exact figure for your license from the OLCC bond desk at olcc.bonds@olcc.oregon.gov before the bond is issued.

Can the bond be waived?

Yes, if the winery owed no privilege tax in the preceding calendar year and expects none this year, or is a new business this year that expects none. ORS 473.065(4) says the OLCC shall waive the bond in those cases unless it finds an unusual risk of nonpayment.

Can I deposit cash instead of buying a bond?

Yes. ORS 471.155(2) allows cash, a bank letter of credit recognized by the State Treasurer, or approved negotiable securities. If last year's privilege tax was under $1,000, ORS 473.065(1) lets you deposit cash equal to that liability instead.

We have two production sites. Is one bond enough?

The OLCC lists the winery bond as required for each production location, so plan on a bond for each site unless the OLCC tells you otherwise in writing.

What will the premium be?

The surety prices the bond from the amount the OLCC assigns and an underwriting review of the owners, including credit. You see the actual premium on the quote before you buy.

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