71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2456
 
LC 2060 /HB 2456-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2456
 
            By COMMITTEE ON SMART GROWTH AND COMMERCE
 
                             March 5
 
  On page 1 of the printed bill, line 2, after the second
semicolon delete the rest of the line and line 3 and insert 'and
amending ORS 471.329.'.
  Delete lines 5 through 31 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 471.329 is amended to read:
  ' 471.329. (1) For the purpose of determining whether there is
a history of serious and persistent problems involving noise
under the provisions of ORS 471.313 (5) and 471.315 (1)(c) { + ,
or whether the licensee maintains a noisy establishment in
violation of the provisions of ORS 471.425 + }:
  ' (a) Noise from the inside of a licensed premises located
within the boundaries of a city or county that has an ordinance
regulating excessive noise may be considered obtrusive or
excessive only if the noise violates the ordinance;   { - and - }
 
  ' (b) Noise caused by patrons outside   { - of - }  a licensed
premises located within the boundaries of a city or county that
has an ordinance regulating excessive noise may be considered
obtrusive or excessive only if the noise violates the ordinance
or if the noise is of a type that a reasonable person would not
expect to hear outside a premises licensed for the sale of
alcoholic beverages { + ; and
  ' (c) Noise caused by patrons inside or outside a licensed
premises located within the boundaries of a city or county that
does not have an ordinance regulating excessive noise may be
considered obtrusive or excessive only if the noise is of the
type that a reasonable person would not expect to hear inside or
outside a premises licensed for the sale of alcoholic
beverages + }.
  ' (2) For the purpose of determining whether noise is obtrusive
under the provisions of ORS 471.313 (5) and 471.315 (1)(c),
 { + or whether the licensee maintains a noisy establishment in
violation of the provisions of ORS 471.425, + } the Oregon Liquor
Control Commission shall consider whether persons complaining
about the noise have taken any action to mitigate the disturbance
alleged to have been caused by the noise.
  '  { +  SECTION 2. + }  { + The amendments to ORS 471.329 by
section 1 of this 2001 Act apply to all licenses issued under ORS
chapter 471, whether issued before, on or after the effective
date of this 2001 Act. + } ' .
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