By ANTHONY MACUK
SALEM, Ore.- As State Representative Vicki Berger, R-Salem, put it, this story starts with a bottle of bourbon. When members of the Oregon State Capitol Foundation discovered that state law prohibited them from auctioning an antique bottle of alcohol at a fundraiser, they turned to the legislature for help.
The bottle in question came from the Buffalo Trace Distillery in Frankfort, Kentucky and is one of 174 bottles from the final barrel of Buffalo Trace Bourbon manufactured in the 20th century. Buffalo Trace recently made the decision to donate the final batch to various nonprofit organizations for use in fundraising events such as auctions or raffles.
The non-profit Oregon State Capitol Foundation applied to Buffalo Trace and ultimately received one of the bottles of bourbon. However, the Foundation was disappointed to discover that Oregon’s liquor laws prohibit the sale of spirits by non-profit organizations without a liquor license. Unlicensed organizations are limited to selling wine and beer, which meant the bottle became useless to the Capitol Foundation in spite of its high value.
In response to the Foundation’s situation, Rep. Berger last week introduced House Bill 4047, which authorizes nonprofit organizations to sell up to four liters of hard alcohol per year. After being reviewed by the House Revenue Committee, the bill returned to the House floor this morning for a final reading and vote.
Berger defended the bill in today’s session, calling it “Vicki’s other bottle bill,” in reference to House Bill 3145, which greatly expanded the nickel deposits made on recyclable bottles purchased in Oregon. Berger’s strong support of House Bill 3145 was one of the main factors that enabled its passage last year.
The changes made by House Bill 4047 may be less dramatic, but Berger made an equally passionate call for its enactment, claiming that the current limitations on non-profits were unfair.
“I think it’s a prohibition out of the prohibition era,” said Berger during the floor debate.
Berger was also careful to emphasize that the bill does not create any loopholes that might challenge or undermine existing liquor statutes.
“It is a very narrow, very specific bill,” said Berger. “It does not open any doors.”
After Berger’s initial speech, the bill faced little opposition on its way to a vote. Representative Krieger, R-Gold Beach, expressed concern that the new exemption might allow nonprofit organizations to circumvent established limits on the sale of alcohol without a license. Berger replied that the limit of four liters was small enough to ensure that organizations stayed within the limit.
Ultimately, Krieger joined his colleagues in voting in support of House Bill 4047, which passed with a vote of 60-0.
If House Bill 4047 is signed into law, the Oregon State Capitol Foundation finally will be able to auction its prized bottle of bourbon. This will be a personal victory for Berger, not only because she sponsored the bill, but also because she serves on the Foundation’s board. In her speech on the House floor, Berger urged her fellow representatives both to vote for the bill and to consider bidding for the bottle at the auction.





