71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2060
 
                           A-Engrossed
 
                         House Bill 2456
                  Ordered by the House March 5
            Including House Amendments dated March 5
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of former Representative Terry
  Thompson and Representative-elect Alan Brown)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Prohibits - }   { + Modifies law relating to
consideration of noise by + } Oregon Liquor Control Commission
 { - from refusing to license any applicant - }   { + in
connection with licensing + } or disciplining any liquor licensee
 { - based on excessive noise at licensed premises - } .
 
                        A BILL FOR AN ACT
Relating to liquor licenses; creating new provisions; and
  amending ORS 471.329.
Be It Enacted by the People of the State of Oregon:
  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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