The purpose of this section is to establish policies, procedures, and standards applicable to the development and operation of wineries. The goals of this section are to encourage the establishment of wineries as a viable economic activity in Madera County; encourage the activities which are traditionally associated with wineries throughout the state that have enabled wineries to prosper, including providing wine tasting for visitors and special events on site; encourage the tourism industry in Madera County by providing an additional destination activity; establish standards for the operation of wineries that will protect neighboring properties and the environment in general, and are appropriate based on the size and character of the winery operation under review; and encourage and sustain agricultural activities associated with the wine industry.

(Ord. No. 525-769, § 1 (Exh. A), 3-21-17).

A.

General Winery Provisions. "Winery" means an agricultural processing facility producing wine from fruit or fruit juices through fermentation or the refermenting of still wine into sparkling wine that is bonded through the alcohol, tobacco tax and trade bureau and has a current California Alcohol Beverage Control Type 2 Winegrower's License.

1.

The primary purpose of the winery located on agriculturally zoned parcel, shall be to process fruit grown on the winery property or on other local agricultural lands. A minimum of twenty-five percent of the fruit must be grown onsite. No more than fifty percent of the fruit processed shall be imported from outside Madera County.

2.

Wineries include those bonded and/or tax paid areas of a winery where grapes are crushed, fermented or pressed, where bulk wine is stored in tanks or barrels, or where winery operations such as racking, filtering, blending, or bottling of wines are carried out, and on-site case goods stored. It may also include the tasting/retail sales area.

B.

Tasting Facilities (Without Event Approval). "Tasting facilities" means a facility for the marketing and sale of the wine and grape or fruit products produced, vinted, cellared, or bottled at the winery.

1.

Subordinate to Winery Operation. Tasting facilities shall be clearly related, and subordinate to the primary operation of the bonded winery as an agricultural processing/production facility. The primary focus of the tasting facilities shall be the marketing and sale of the wine and grape or fruit products produced, vinted, cellared, or bottled at the winery. Snack foods (prepackaged non-potentially hazardous food) that are consumed during wine tasting are allowed.

2.

Wine Sales. Retail sales of fruit wine products shall be limited to those produced, vinted, cellared or bottled by the winery operator or grown on the winery lot, or on other Madera County agricultural land or imported from outside Madera County as defined in this title or custom crushed at another facility for the winery operator, subject to the provisions of an ABC Type 2 Winegrower's license. (The ABC Type 2 Winegrower's license requires that at least fifty percent of the wine sold be produced by the winery).

3.

Marketing. Tasting facilities include any marketing activities sponsored by a winery facility intended for the promotion and sale of the facility's products. Activities of a marketing event may include, but are not limited to, live music, catered food, food prepared on premises, winemaker dinners, wine club releases events, library wines, discounted sales, "bottle-your-own," and similar activities, including amplified outdoor music subject to the county noise ordinance but may not include concerts or events sponsored by or for the benefit of an organization other than the facility.

C.

Special Events. "Special events" are any events such as charitable events, promotional events, and facility rental events, that are not the tasting and marketing activities described in above.

(Ord. No. 525-769, § 1 (Exh. A), 3-21-17).

The following definitions shall apply in connection with the interpretation and application of this section:

If the property is subject to Williamson Act Contract, activities must comply with state program.

(Ord. No. 525-769, § 1 (Exh. A), 3-21-17).

Wineries that were established prior to date of the ordinance codified in this chapter, and whose activities were lawful when established and have not been abandoned, are an integral part of the Madera County economy. One of the purposes of enacting this chapter is to recognize the legal existence of such wineries and their need to operate as legal conforming uses; provided, however, that the intent in recognizing these uses as legal is not to permit expansion beyond the level which legally existed as of date of the ordinance codified in this chapter, except as was specifically authorized as part of a subsequent conditional use permit approved in accordance with county regulations. Nothing herein shall be construed as prohibiting such facilities from applying for additional uses (over and above existing uses), providing such applications meet all of the applicable requirements of this chapter.

(Ord. No. 525-769, § 1 (Exh. A), 3-21-17).