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 882
 
                         Senate Bill 382
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for Oregon Liquor Control Commission)
 
 
                             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.
 
  Allows officer or employee of company that provides alcohol
servers on temporary basis to sign application for service permit
issued by Oregon Liquor Control Commission. Requires that
commission give written approval to company before application
may be indorsed.
  Allows person who is not employed by licensee to apply directly
to commission for service permit. Specifies conditions for making
application to commission and for indorsement of application by
commission employee.
 
                        A BILL FOR AN ACT
Relating to alcoholic beverages; amending ORS 471.375 and
  471.380.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.375 is amended to read:
  471.375. (1)  { + Notwithstanding ORS 471.360, + } any person
who has not had a permit refused or revoked or whose permit is
not under suspension may mix, sell or serve alcoholic
 { - liquor - }  { +  beverages + } for consumption on
 { - the - }  licensed premises if the person prepares in
duplicate an application for a service permit prior to mixing,
selling or serving any alcoholic   { - liquor - }  { +
beverage + } for consumption on   { - the - }  licensed
premises { + , and the application is indorsed as required under
subsection (2) of this section + }.   { - The licensee shall
indorse and immediately transmit the application to the Oregon
Liquor Control Commission with the fee required by subsection (2)
of this section. - }  A copy of the  { + indorsed + } application
 { - shall - }  { +  must + } be kept on the licensed premises
 { + by any licensee for whom the person mixes, sells or serves
alcoholic beverages + } and   { - shall - }   { + must + } be
made available for immediate inspection by any inspector or
investigator employed by the commission or by any other peace
officer until the applicant receives the  { + service + } permit.
   { +  (2) An application for a service permit under subsection
(1) of this section must be indorsed by one of the following
persons:
  (a) The licensee under whose license the person will mix, sell
or serve alcoholic beverages. If a licensee indorses an
application, the licensee must immediately transmit the
application to the Oregon Liquor Control Commission with the fee
required by subsection (4) of this section.
  (b) An officer or employee of a company that provides servers
to licensees on a temporary basis. The commission must give a
company written approval to indorse service permit applications
before an application may be indorsed under this paragraph.
  (c) An employee of the commission designated by the commission
to accept and indorse applications under this section.
  (3) An application for a service permit may be indorsed by an
employee of the commission under subsection (2)(c) of this
section only if:
  (a) The applicant is not employed by a licensee of the
commission;
  (b) The applicant completes the alcohol server education
program required by ORS 471.542 before making application; and
  (c) The applicant personally appears before an employee of the
commission designated by the commission and provides such
identification as may be required by commission rule. + }
    { - (2) - }  { +  (4) + } An applicant for a service permit
must be 18 years of age or over. Application for a service permit
shall be made on a form supplied by the commission. The applicant
shall truly answer all questions, provide any further information
required, and pay a fee not to exceed $10. The commission shall
either set the fee to cover only the administrative costs of the
service permit program, or apply any excess to the alcohol server
program.
  SECTION 2. ORS 471.380 is amended to read:
  471.380. (1) The Oregon Liquor Control Commission may refuse to
grant a service permit if it has reasonable grounds to believe
any of the following to be true:
  (a) That the applicant is in the habit of using alcoholic
beverages or controlled substances to excess.
  (b) That the applicant has made false statements to the
commission in the permit application.
  (c) That the applicant is incompetent or physically incapable
of performing the duties of a permittee.
  (d) That the applicant 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) That the application has not been indorsed   { - by the
employing licensee - }  { +  as required by ORS 471.375 + }.
  (f) That the applicant has not completed the alcohol server
education program required by ORS 471.542.
  (2) Notwithstanding ORS 183.435, if the commission refuses to
grant a service permit, an applicant who seeks review of the
refusal must request a hearing within 15 days after notification
of the refusal.
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