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
House Bill 2456
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 as
introduced.
Prohibits Oregon Liquor Control Commission from refusing to
license any applicant or disciplining any liquor licensee based
on excessive noise at licensed premises.
A BILL FOR AN ACT
Relating to liquor licenses; creating new provisions; amending
ORS 471.313 and 471.315; and repealing ORS 471.329.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 471.
SECTION 2. In deciding whether to deny, cancel or suspend any
license under this chapter, or to impose any civil penalty
against any licensee, the Oregon Liquor Control Commission may
not consider any complaints relating to excessive noise at the
licensed premises or in the immediate vicinity of the licensed
premises. Nothing in this section affects the application of an
ordinance or regulation regulating noise by any city or county in
which the licensed premises are located. + }
SECTION 3. ORS 471.313, as amended by section 46, chapter 351,
Oregon Laws 1999, is amended to read:
471.313. The Oregon Liquor Control Commission may refuse to
license any applicant under the provisions of this chapter if the
commission has reasonable ground to believe any of the following
to be true:
(1) That there are sufficient licensed premises in the locality
set out in the application, or that the granting of a license in
the locality set out in the application is not demanded by public
interest or convenience.
(2) That the applicant has not furnished an acceptable bond as
required by ORS 471.311 or is not maintaining the insurance or
bond required by ORS 417.218.
(3) That, except as allowed by ORS 471.392 to 471.400, any
applicant to sell at retail for consumption on the premises has
been financed or furnished with money or property by, or has any
connection with, or is a manufacturer of, or wholesale dealer in,
alcoholic liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic beverages, habit-forming
drugs or controlled substances to excess.
(b) Has made false statements to the commission.
(c) Is incompetent or physically unable to carry on the
management of the establishment proposed to be licensed.
(d) Has been convicted of violating any of the alcoholic liquor
laws of this state, general or local, or has been convicted at
any time of a felony.
(e) Has maintained an insanitary establishment.
(f) Is not of good repute and moral character.
(g) Did not have a good record of compliance with the alcoholic
liquor laws of this state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the business proposed to be
licensed, or other persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demonstrated financial
responsibility sufficient to adequately meet the requirements of
the business proposed to be licensed.
(j) Is unable to read or write the English language or to
understand the laws of Oregon relating to alcoholic liquor or the
rules of the commission.
(5) That there is a history of serious and persistent problems
involving disturbances { - , - } { + or + } lewd or unlawful
activities
{ - or noise - } either in the premises proposed to be
licensed or involving patrons of the establishment in the
immediate vicinity of the premises if the activities in the
immediate vicinity of the premises are related to the sale or
service of alcohol under the exercise of the license privilege.
Behavior which is grounds for refusal of a license under this
section, where so related to the sale or service of alcohol,
includes, but is not limited to
{ - obtrusive or excessive noise, music or sound
vibrations; - } public drunkenness; fights; altercations;
harassment; unlawful drug sales; alcohol or related litter;
trespassing on private property; and public urination. Histories
from premises currently or previously operated by the applicant
may be considered when reasonable inference may be made that
similar activities will occur as to the premises proposed to be
licensed. The applicant may overcome the history by showing that
the problems are not serious or persistent or that the applicant
demonstrates a willingness and ability to control adequately the
premises proposed to be licensed and patrons' behavior in the
immediate vicinity of the premises which is related to the
licensee's sale or service of alcohol under the licensee's
exercise of the license privilege.
SECTION 4. ORS 471.315, as amended by section 51, chapter 351,
Oregon Laws 1999, is amended to read:
471.315. (1) The Oregon Liquor Control Commission may cancel or
suspend any license issued under this chapter, or impose a civil
penalty in lieu of or in addition to suspension as provided by
ORS 471.322, if it finds or has reasonable ground to believe any
of the following to be true:
(a) That the licensee:
(A) Has violated any provision of this chapter or ORS 474.115
or any rule of the commission adopted pursuant thereto.
(B) Has made any false representation or statement to the
commission in order to induce or prevent action by the
commission.
(C) Is not maintaining an acceptable bond as required by ORS
471.311 or is not maintaining the insurance or bond required by
ORS 471.168.
(D) Has maintained an insanitary establishment.
(E) Is insolvent or incompetent or physically unable to carry
on the management of the establishment of the licensee.
(F) Is in the habit of using alcoholic liquor, habit-forming
drugs or controlled substances to excess.
(G) Knowingly has sold alcoholic liquor to persons under 21
years of age or to persons visibly intoxicated at the time of
sale or has knowingly allowed the consumption of alcoholic liquor
on the licensed premises by a person who is visibly intoxicated
at the time of consumption.
(H) Has misrepresented to a customer or the public any
alcoholic liquor sold by the licensee.
(I) Since the granting of the license, has been convicted of a
felony, of violating any of the liquor laws of this state,
general or local, or of any misdemeanor or violation of any
municipal ordinance committed on the licensed premises.
(b) That any person licensed to sell at retail for consumption
on the premises is acting as an agent of, or is a manufacturer or
wholesaler of alcoholic liquors, or has borrowed money or
property, or has accepted gratuities or rebates, or has obtained
the use of equipment from any manufacturer or wholesaler of
alcoholic liquor or any agent thereof.
(c) That there is a history of serious and persistent problems
involving disturbances { - , - } { + or + } lewd or unlawful
activities
{ - or noise - } either in the premises or involving patrons
of the establishment in the immediate vicinity of the premises if
the activities in the immediate vicinity of the premises are
related to the sale or service of alcohol under the exercise of
the license privilege. Behavior which is grounds for cancellation
or suspension of a license under this section, where so related
to the sale or service of alcohol, includes, but is not limited
to
{ - obtrusive or excessive noise, music or sound
vibrations; - } public drunkenness; fights; altercations;
harassment or unlawful drug sales; alcohol or related litter;
trespassing on private property; and public urination. Mitigating
factors include a showing by the licensee that the problems are
not serious or persistent or that the licensee has demonstrated a
willingness and ability to control adequately the licensed
premises and patrons' behavior in the immediate vicinity of the
premises which is related to the licensee's sale or service of
alcohol under the licensee's exercise of the license privilege.
(d) That there is any other reason which, in the opinion of the
commission, based on public convenience or necessity, warrants
canceling or suspending such license.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
SECTION 5. { + ORS 471.329 is repealed. + }
SECTION 6. { + Section 2 of this 2001 Act and the amendments
to ORS 471.313 and 471.315 by sections 3 and 4 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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