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Restaurants in wine country? Maybe

Rural land development — Senate bill allows an increase in commercial activities at Oregon wineries; enforcement details unclear at the county level

• By: David Sale  
• Published: 2/27/2010 12:00:00 PM

   A bill approved recently in the Legislature could open the door for local wineries to host more events, but the details of how it would work are still unclear.
   Senate Bill 1055, approved on the Senate floor Tuesday in Salem, would allow increased commercial activities on Oregon wineries, presently limited to hosting three events per year (such as the Memorial Day and Thanksgiving open houses organized by Yamhill County vintners’ associations).
   Under the terms of the bill, wineries may sell pre-packaged food and drink, as well as be able to host catered dinners and events on a regular basis throughout the year — provided that at least three-quarters of the business’ gross income actually comes from making and selling wine.
   While state senators adopted a House amendment that would sunset the bill in 2012, what’s left unexplained is who exactly will be responsible for making sure wineries abide by the new rules, as Yamhill County Commissioner Mary Stern pointed out.
   “We definitely have some concerns — for instance, will code enforcement have to check the books at wineries to see if event hosting is only 25 percent of their gross?” she said. “I’m not sure that’s the kind of role the public wants from the county.”
   However, Stern said that she was not opposed to the bill in principle, as increasing wineries’ ability to host events was identified as a key strategy in the county’s study on promoting agri-tourism last year.
   “We’d discussed the issue internally and with Marion and Polk counties,” said Stern, who oversaw the research. “We found out then that (state legislator) Jackie Polk would present a bill on behalf of Willamette Valley Vineyards — and it got some traction.”
   However, the measure has drawn the ire of 1000 Friends of Oregon, the Oregon Department of Agriculture and various restaurant owners.
   “It’s creeping commercialism,” said David Bergen, owner of Tina’s Restaurant in Dundee. “It’s taking business out of the cities and away from restaurants like mine.”
   While area restaurants willing to cater could benefit, Bergen said the bill would not prevent wineries from setting up their own kitchens on site, taking advantage of a scenic rural setting that would otherwise be denied to a standard restaurant.
   “Wineries already get to have production and sales together on exclusive farm use land, which is a rare opportunity,” he said. “That’s not the case with a dairy, for instance. The intent (of the Department of Land Conservation and Development) was to help preserve farmland — but there’s a lot of other types of farms that would like to do more than just have a roadside stand.”
   Another unanswered question is which agency would perform health and safety inspections — while restaurants are inspected by Oregon’s public health division, wineries and other processors are licensed by the Department of Agriculture.
   And while many might like to have a wedding outdoors in wine country, beware if the neighbor needs to spray his crops that day. State ‘right to farm’ laws give precedence to such activity and an event planner who doesn’t coordinate schedules could find themselves with very unhappy customers.
   “There’s a lot of fear and uncertainty,” Stern said. “I’m hoping the Legislature will organize a working group in the interim between sessions and work these details out.”
   “It’s putting the cart before the horse,” Bergen agreed. “There needs to be a discussion about what we want to do and how, instead of just rushing into it.”
   The bill now heads to the governor’s desk for approval. As it was declared an emergency in the Senate, it will take effect immediately upon Gov. Ted Kulongoski’s signature.

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