71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3532
Sponsored by Representative WESTLUND; Representatives HASS, V
WALKER, Senator MESSERLE
CHAPTER ................
AN ACT
Relating to alcoholic beverages; creating new provisions;
amending ORS 471.175, 471.178 and 471.184; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.175 is amended to read:
471.175. (1) The holder of a full on-premises sales license may
sell by the drink at retail wine, malt beverages, cider and
distilled liquor. Except as provided in this section, all
alcoholic beverages sold under a full on-premises sales license
must be consumed on the licensed premises.
(2) A full on-premises sales license may be issued only to:
(a) Private clubs as described in subsection { - (7) - }
{ + (8) + } of this section.
(b) Public passenger carriers as provided in ORS 471.182.
(c) Commercial establishments as defined in ORS 471.001 (2).
(d) Public locations, other than those described in paragraphs
(a) to (c) of this subsection, where food is cooked and served,
and other food service amenities are provided, as prescribed by
rules of the Oregon Liquor Control Commission.
(e) A caterer, subject to the requirements of ORS 471.184.
(3) The holder of a full on-premises sales license shall allow
a patron to remove a partially consumed bottle of wine from the
licensed premises if the wine is served in conjunction with the
patron's meal, the patron is not a minor and the patron is not
visibly intoxicated.
(4) The holder of a full on-premises sales license is entitled
to purchase a commission appointed pursuant to ORS 471.750 at a
discount of not more than five percent off the regular listed
price fixed by the commission, together with all taxes, in a
manner prescribed by commission rule. For purposes of
compensation by the commission, the appointed agent shall be
credited with such sales at full retail cost.
(5) The holder of a full on-premises sales license may purchase
distilled liquor only from a retail sales agent of the commission
or from another person licensed under this section who has
purchased the distilled liquor from a retail sales agent of the
commission.
(6) The holder of a full on-premises sales license may sell
factory-sealed containers of wine to a person who organizes a
private gathering on the licensee's premises if the wine was
acquired as part of a larger purchase of wine by the licensee for
Enrolled House Bill 3532 (HB 3532-INTRO) Page 1
the purpose of the gathering and only part of the larger purchase
was consumed at the gathering. Wine sold under this subsection
may be sold only for an amount adequate to compensate the
licensee for the amounts paid by the licensee for the wine.
{ + (7) The holder of a full on-premises sales license may
sell malt beverages for consumption off the licensed premises in
securely covered containers provided by the purchaser. Containers
that hold beverages sold under this subsection may not hold more
than two gallons. + }
{ - (7) - } { + (8) + } A private club, including fraternal
and veterans organizations, may qualify for a full on-premises
sales license under this section only if the club meets minimum
membership, charter time and food service requirements set by
commission rule and the club is an association of persons,
whether incorporated or unincorporated, for the promotion of some
common object, not including associations organized for any
commercial or business purpose the object of which is money
profit, owning, hiring or leasing a building or space in a
building, of such extent and character as in the judgment of the
commission may be suitable and adequate for the reasonable and
comfortable use and accommodation of its members and their guests
and provided with suitable and adequate space and equipment,
implements and facilities, and employing a sufficient number of
servants or employees for serving food and meals for its members
and their guests; provided that no member or any officer, agent
or employee of the club is paid, or directly or indirectly
receives in the form of salary or other compensation, any profits
from the disposition or sale of alcoholic liquor to the club or
to the members of the club or its guests introduced by members,
beyond the amount of such salary as may be fixed and voted on at
annual meetings by the members, directors or other governing body
of the club, and that, in the judgment of the commission, shall
be reasonable and proper compensation for the services of such
member, officer, agent or employee.
SECTION 2. ORS 471.178 is amended to read:
471.178. (1) The holder of a limited on-premises sales license
may sell by the drink at retail wine, malt beverages and cider.
Except as provided in this section, all alcoholic beverages sold
under a limited on-premises sales license must be consumed on the
licensed premises.
(2) The holder of a limited on-premises sales license may sell
malt beverages in factory-sealed containers for consumption off
the licensed premises. Containers sold under this subsection may
not hold less than seven gallons per container.
{ + (3) The holder of a limited on-premises sales license may
sell malt beverages for consumption off the licensed premises in
securely covered containers provided by the purchaser. Containers
that hold beverages sold under this subsection may not hold more
than two gallons. + }
{ - (3) - } { + (4) + } The holder of a limited on-premises
sales license shall allow a patron to remove a partially consumed
bottle of wine from the licensed premises if the wine is served
in conjunction with the patron's meal, the patron is not a minor
and the patron is not visibly intoxicated.
{ - (4) - } { + (5) + } Sales of alcoholic beverages under
a limited on-premises sales license must consist principally of
sales by the drink for consumption on the licensed premises.
SECTION 3. ORS 471.184 is amended to read:
471.184. (1) The holder of a full or limited on-premises sales
license may cater a temporary event at a location other than the
Enrolled House Bill 3532 (HB 3532-INTRO) Page 2
licensed premises if the event is not open to the general public.
Catering of an event under this subsection must be pursuant to a
contract with a client. The contract must provide that the
licensee will furnish food and beverage services for no more than
100 patrons. The licensee must serve food as required by rules of
the commission. The licensee may cater events under this
subsection without giving advance notice to the Oregon Liquor
Control Commission if, before the event occurs, the commission
gives written approval to the licensee authorizing catering
pursuant to this subsection. Events catered under the provisions
of this subsection must meet all requirements for enclosure of
premises that may be imposed by the commission for the purposes
of this section. Notwithstanding ORS 471.175 (3) { + and (7) + }
and 471.178 (2) { - and (3) - } { + to (4) + }, the licensee
may not permit patrons of the event to remove any alcoholic
beverages from the premises of the event.
(2) In addition to catered events under subsection (1) of this
section, the commission may by rule allow the exercise of the
privileges of a full or limited on-premises sales license at
temporary events held at locations other than the licensed
premises. The commission may:
(a) Require notice to the commission before the exercise of
license privileges at temporary events under this subsection;
(b) Require that written approval by the commission be obtained
before the exercise of license privileges at temporary events
under this subsection;
(c) Establish eligibility criteria for the exercise of license
privileges at temporary events under this subsection; and
(d) Establish fees reasonably calculated to cover
administrative expenses incurred by the commission in
administering this subsection.
SECTION 4. { + The amendments to ORS 471.175, 471.178 and
471.184 by sections 1 to 3 of this 2001 Act apply to all full
on-premises sales licenses and limited on-premises sales
licenses, whether issued before, on or after the effective date
of this 2001 Act. + }
SECTION 5. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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Passed by House March 29, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 4, 2001
...........................................................
President of Senate
Enrolled House Bill 3532 (HB 3532-INTRO) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3532 (HB 3532-INTRO) Page 4