(1) Any person desiring to or who does engage in the business of a nonalcoholic beverage manufacturer shall apply to the State Department of Agriculture for a license for each plant operated by such person. The application shall be in such form and contain such information as the department may prescribe.
(2) Each nonalcoholic beverage manufacturer doing business in this state shall pay a license fee.
(3) Except as provided in subsection (4) of this section, the license fees for a nonalcoholic beverage manufacturer are:
(a) $150 if the manufacturer’s annual gross sales are not more than $50,000;
(b) $250 if the manufacturer’s annual gross sales are more than $50,000 and not more than $500,000;
(c) $350 if the manufacturer’s annual gross sales are more than $500,000 and not more than $1 million;
(d) $550 if the manufacturer’s annual gross sales are more than $1 million and not more than $5 million;
(e) $650 if the manufacturer’s annual gross sales are more than $5 million and not more than $10 million; or
(f) $850 if the manufacturer’s annual gross sales are more than $10 million.
(4) The department shall increase the license fee amounts described in subsection (3) of this section by two percent annually, rounded to the nearest whole dollar amount for assessment and collection purposes. The department shall determine each annual increase using the unrounded figure from the preceding year. The first increase in the fee amounts shall occur on July 1, 2006.
(5) In establishing the amount of the license fee for a manufacturer, the department shall use the annual gross sales by that manufacturer within Oregon during the prior calendar year or, if the manufacturer maintains sales records on a fiscal basis, the prior fiscal year. If the manufacturer applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the manufacturer. If a manufacturer whose previous year’s fee was determined using an estimated gross sales figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross sales by the manufacturer.
(6) All such licenses shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule. The department shall collect for each license and for each renewal thereof the license fee computed as provided in subsections (3) and (4) of this section. The fee shall be remitted by the department to the State Treasurer. The State Treasurer shall place all moneys received under this section in the Department of Agriculture Service Fund. Moneys from fees imposed under this section are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter. [Amended by 1955 c.666 §1; 1967 c.154 §4; 1979 c.183 §4; 1979 c.499 §35; 1985 c.353 §5; 1991 c.632 §10; 2005 c.735 §15; 2005 c.755 §52; 2007 c.768 §41]
Note: The amendments to 635.030 by section 16, chapter 735, Oregon Laws 2005, become operative January 2, 2010. See section 17, chapter 735, Oregon Laws 2005. The text that is operative on and after January 2, 2010, including amendments by section 42, chapter 768, Oregon Laws 2007, is set forth for the user’s convenience.
635.030. (1) Any person desiring to or who does engage in the business of a nonalcoholic beverage manufacturer shall apply to the State Department of Agriculture for a license for each plant operated by such person. The application shall be in such form and contain such information as the department may prescribe.
(2) Each nonalcoholic beverage manufacturer doing business in this state shall pay a license fee.
(3) The license fees for a nonalcoholic beverage manufacturer are:
(a) $162 if the manufacturer’s annual gross sales are not more than $50,000;
(b) $271 if the manufacturer’s annual gross sales are more than $50,000 and not more than $500,000;
(c) $379 if the manufacturer’s annual gross sales are more than $500,000 and not more than $1 million;
(d) $595 if the manufacturer’s annual gross sales are more than $1 million and not more than $5 million;
(e) $704 if the manufacturer’s annual gross sales are more than $5 million and not more than $10 million; or
(f) $920 if the manufacturer’s annual gross sales are more than $10 million.
(4) In establishing the amount of the license fee for a manufacturer, the department shall use the annual gross sales by that manufacturer within Oregon during the prior calendar year or, if the manufacturer maintains sales records on a fiscal basis, the prior fiscal year. If the manufacturer applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the manufacturer. If a manufacturer whose previous year’s fee was determined using an estimated gross sales figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross sales by the manufacturer.
(5) All such licenses shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule. The department shall collect for each license and for each renewal thereof the license fee computed as provided in subsection (3) of this section. The fee shall be remitted by the department to the State Treasurer. The State Treasurer shall place all moneys received under this section in the Department of Agriculture Service Fund. Moneys from fees imposed under this section are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter.
Section: Previous 635.010 635.015 635.020 635.025 635.027 635.030 635.040 635.045 635.050 635.055 635.060 635.061 635.070 635.080 635.090 NextLast modified: August 7, 2008