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 883
A-Engrossed
Senate Bill 383
Ordered by the Senate April 25
Including Senate Amendments dated April 25
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.
{ - Clarifies authority of holder of full on-premises sales
license to purchase distilled liquor from agent of Oregon Liquor
Control Commission. - }
{ + Permits Oregon Liquor Control Commission to consider
seasonal fluctuations in population in determining whether there
are sufficient licensed premises. Modifies certain annual license
fees. Modifies provisions dealing with noise coming from inside
and outside licensed premises. Revises procedures for issuing
permits to mix, sell or serve alcoholic beverages. Allows
commission to delegate any of its powers or duties, except
rulemaking, to administrator of commission. Modifies provisions
dealing with advertising and holiday closure for commission
stores. Consolidates clerk training and alcohol server training.
Eliminates requirement that all commission purchase orders for
alcoholic liquor have written approval of two commission members
and that certain records be retained in specific manner. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to alcoholic beverages; creating new provisions;
amending ORS 471.040, 471.130, 471.311, 471.313, 471.329,
471.341, 471.375, 471.380, 471.542, 471.547, 471.549, 471.750
and 471.757; repealing ORS 471.780; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
NUMBER OF LICENSES IN LOCALITY + }
SECTION 1. 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. { + In determining whether there are
sufficient licensed premises in the locality, the commission
shall consider seasonal fluctuations in the population of the
locality and shall ensure that there are adequate licensed
premises to serve the needs of the locality during the peak
seasons. + }
(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, 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.
{ +
FEES AND BONDS FOR CERTAIN LICENSES + }
SECTION 2. ORS 471.311, as amended by section 18, chapter 351,
Oregon Laws 1999, is amended to read:
471.311. (1) Any person desiring a license or renewal of a
license under this chapter shall make application to the Oregon
Liquor Control Commission upon forms to be furnished by the
commission showing the name and address of the applicant,
location of the place of business which is to be operated under
the license, and such other pertinent information as the
commission may require. No license shall be granted or renewed
until the applicant has complied with the provisions of the
Liquor Control Act, the provisions of the Oregon Distilled Liquor
Control Act and the rules of the commission.
(2) The commission may reject any application that is not
submitted in the form required by rule. The commission shall give
applicants an opportunity to be heard if an application is
rejected. A hearing under this subsection is not subject to the
requirements for contested case proceedings under ORS 183.310 to
183.550.
(3) Subject to subsection (4) of this section, the commission
shall assess a nonrefundable fee for processing a renewal
application for any license authorized by this chapter only if
the renewal application is received by the commission less than
20 days before expiration of the license. If the renewal
application is received prior to expiration of the license but
less than 20 days prior to expiration, this fee shall be 25
percent of the annual license fee. If a renewal application is
received by the commission after expiration of the license but no
more than 30 days after expiration, this fee shall be 40 percent
of the annual license fee. This subsection shall not apply to a
certificate of approval, a brewery-public house license or to any
license which is issued for a period of less than 30 days.
(4) The commission may waive the fee imposed under subsection
(3) of this section if it finds that failure to submit a timely
application was due to unforeseen circumstances or to a delay in
processing the application by the local governing authority that
is no fault of the licensee.
(5) The annual license fee is nonrefundable and shall be paid
by each applicant upon the granting or committing of a license.
The annual license fee and the minimum bond required of each
class of license under this chapter are as follows:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Minimum
License Fee Bond
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Brewery, including
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Certificate of Ap$r500l1,000
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Winery 250 1,000
Distillery 100 None
Wholesale Malt
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Beverage and Wine 275 1,000
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Warehouse 100 1,000
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Special events winery
license may be
issued to a
winery licensee a$ 10 per day
Brewery-Public House,
including Certificate
of Approval $250 $ 1,000
Full On-Premises S$400 $__
Limited On-Premises$200es $__
None
Off-Premises Sales $100 $__
None
Temporary Sales $ 25 for events
lasting less than
five hours or less
$ 100 for events
lasting 5 hours
or longer and
$25 for each
additional period of
five hours or less
Grower sales privilege
license $250 $ 1,000
Special events grower
sales privilege
license $ 10 per day
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(6) The fee for a certificate of approval or special
certificate of approval granted under ORS 471.289 is
nonrefundable and must be paid by each applicant upon the
granting or committing of a certificate of approval or special
certificate of approval. No bond is required for the granting of
a certificate of approval or special certificate of approval.
Certificates of approval are valid for a period commencing on the
date of issuance and ending on December 31 of the fifth calendar
year following the calendar year of issuance. The fee for a
certificate of approval is $175. Special certificates of
approval are valid for a period of 30 days. The fee for a special
certificate of approval is $10.
{ + (7) Except as provided in subsection (8) of this section,
the annual license fee for a full on-premises sales license is
$400. No bond is required for any full on-premises sales
license.
(8) The annual license fee for a full on-premises sales license
held by a private club as described in ORS 471.175 (7), or held
by a nonprofit or charitable organization that is registered with
the state, is $200. + }
SECTION 3. { + The amendments to ORS 471.311 by section 2 of
this 2001 Act relating to fees for full on-premises sales
licenses apply only to licenses issued or renewed by the Oregon
Liquor Control Commission on or after the effective date of this
2001 Act. + }
{ +
NOISE ON AND AROUND LICENSED PREMISES + }
SECTION 4. ORS 471.329 is amended to read:
471.329. (1) For the purpose of { - determining - } { +
making a determination of + }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) { + , making a
determination of whether a licensee maintains a noisy
establishment in violation of the provisions of ORS 471.425 or
making any other determination relating to issuance of licenses
or licensee discipline based on noise from licensed premises + }:
{ - (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. - }
{ + (a) Noise from inside a licensed premises located within
the boundaries of a city or county may be considered by the
Oregon Liquor Control Commission only if the city or county has
an ordinance regulating excessive noise and the licensee has been
convicted of violating the ordinance;
(b) Noise caused by patrons outside a licensed premises located
within the boundaries of a city or county that has an ordinance
regulating excessive noise may be considered by the commission
only if the licensee has been convicted of violating the
ordinance; and
(c) Noise caused by patrons 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 by the
commission only if the noise is of the type that a reasonable
person would not expect to hear outside a premises licensed for
the sale of alcoholic beverages. + }
(2) For the purpose of { - determining - } { + making a
determination of + } whether noise is obtrusive under the
provisions of ORS 471.313 (5) and 471.315 (1)(c), { + making a
determination of whether a licensee maintains a noisy
establishment in violation of the provisions of ORS 471.425 or
making any other determination relating to issuance of licenses
or licensee discipline based on noise from licensed premises, + }
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 5. { + The amendments to ORS 471.329 by section 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. + }
{ +
IDENTIFICATION FOR PURCHASE OF ALCOHOL + }
SECTION 6. ORS 471.130 is amended to read:
471.130. (1) All licensees and permittees of the Oregon Liquor
Control Commission, before selling or serving alcoholic liquor to
any person about whom there is any reasonable doubt of the
person's having reached 21 years of age, shall require such
person to produce one of the following pieces of identification:
(a) The person's passport.
(b) The person's motor vehicle operator's license, whether
issued in this state or by any other state, so long as the
license has a picture of the person.
(c) An identification card issued under ORS 807.400.
(d) Any other identification card issued by a state, or any
United States military identification card, that bears a picture
of the person, the name of the person, { - the person's
address, - } the person's date of birth, a physical description
of the person and the signature of the person.
(2) If a person does not have identification as described in
subsection (1) of this section, the permittee or licensee shall
require such person to make a written statement of age and
furnish evidence of the person's true age and identity. The
written statement of age shall be on a form furnished or approved
by the commission, including but not limited to the following
information:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date ____
I am 21 years of age or over._
___
Signature
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Description of evidence in support of age and identity:
__ Identification No. (if any) __
__ Identification No. (if any) __
Fill in information pertaining to any two or more pieces of
evidence submitted by the person.)
I hereby certify that I have accurately recorded identification
of the evidence submitted to complete this form.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
Signature of
permittee or licensee
ORS 165.805 provides as follows:
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
165.805. (1) A person commits the crime of misrepresentation of
age by a minor if:
(a) Being less than a certain, specified age, the person
knowingly purports to be of any age other than the person's true
age with the intent of securing a right, benefit or privilege
which by law is denied to persons under that certain, specified
age; or
(b) (Not applicable.)
(2) Misrepresentation of age by a minor is a Class C
misdemeanor.
_________________________________________________________________
{ +
SERVICE PERMITS + }
SECTION 7. ORS 471.375 is amended to read:
471.375. (1) 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 { + Oregon Liquor Control + }
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 applicant will mix,
sell or serve alcoholic beverages. If a licensee indorses an
application, the licensee must immediately transmit the
application to the 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.
(d) An employee of an alcohol server education course provider
that has been certified by the commission under ORS 471.542 (8).
The employee must be specifically designated by the provider to
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 course
required by ORS 471.542 before making the application; and
(c) The applicant personally appears before the employee of 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 - } { + Education + } Program { + established
under section 14 of this 2001 Act + }.
SECTION 8. 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 - } { + course and examination + }
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.
{ +
PROHIBITED FINANCIAL INTERESTS OF LICENSE APPLICANTS + }
SECTION 9. ORS 471.757, as amended by section 63, chapter 351,
Oregon Laws 1999, is amended to read:
471.757. (1) At such times as the Oregon Liquor Control
Commission may prescribe and upon forms furnished by the
commission, any { + license applicant or + } licensee of the
commission
{ - under this chapter - } may be required to submit a sworn
statement to the commission showing the name, address and the
nature and extent of the financial interest of each person,
individual and corporate, having a financial interest in the
business operated under the license.
(2) The commission shall review the statement and may { +
refuse to issue a license to any license applicant, or may + }
suspend, cancel or refuse to renew the license of any
licensee { + , + } when conditions exist in relation to any
person having a financial interest { + in the business or + } in
the place of business which would constitute grounds for refusing
to issue a license or for cancellation or suspension of a license
if such person were the { + license applicant or + } licensee.
However, in cases where the financial interest is held by a
corporation, only the officers and directors of the corporation,
any individual or combination of individuals who own a
controlling financial interest in the business and any manager of
the business shall be considered persons having a financial
interest within the meaning of this subsection.
{ +
DELEGATION TO ADMINISTRATOR + }
SECTION 10. ORS 471.040 is amended to read:
471.040. { + (1) + } The Oregon Liquor Control Commission has
the powers and duties specified in this chapter and ORS 474.105
and 474.115, and also the powers necessary or proper to enable it
to carry out fully and effectually all the purposes of this
chapter and ORS 474.105 and 474.115. It shall make such rules and
regulations pertaining to natural and fortified wines as will
prevent the importation and sale in Oregon of blended, rectified,
adulterated or low-quality wines. The jurisdiction, supervision,
powers and duties of the commission extend to any person who
buys, sells, manufactures, imports or transports any alcoholic
liquor within this state. The commission may sue and be sued.
{ + (2) Except for the power to adopt rules, the commission
may delegate any of the commission's powers or duties to the
administrator appointed under ORS 471.720. + }
{ +
OPERATION OF OLCC STORES + }
SECTION 11. ORS 471.750 is amended to read:
471.750. (1) The Oregon Liquor Control Commission shall
establish such stores and warehouses in such places in the state
as in its judgment are required by public convenience or
necessity, for the sale of spirituous liquors, wines and other
alcoholic liquors containing over five percent alcohol by volume,
in sealed containers for consumption off the premises. It shall
keep on hand in such stores or warehouses such quantities and
kinds of alcoholic liquors as are reasonably required to supply
the public demand. Any person qualified to purchase such liquors
from the commission has the right to present to the commission,
or at any of its stores, an application for any kind or brand of
alcoholic liquor which the person may desire and which may be
manufactured or obtainable in any place in the United States, and
the commission shall obtain such liquor and sell it to the
applicant. No such store shall be established in any county or
incorporated city of this state where a local prohibitory law is
in effect. The stores shall be closed on Sundays and any
{ - legal holidays or any state or national election days - }
{ + other day + } designated by the commission. { - The
advertising of the sale of liquors by the commission or window
display in its stores are prohibited, except that the commission
may provide for appropriate signs on windows or front denoting
the fact that it is a store of the commission, and may post
within the store appropriate price lists. - } { + The
commission shall adopt rules governing advertising by stores
operated by the commission. + } The commission may appoint agents
in the sale of said liquor under such agreement as the commission
may negotiate with said agents or their representative.
(2) { - Notwithstanding subsection (1) of this section, - }
{ + Rules relating to advertising adopted by + } the
commission { + under subsection (1) of this section + } shall
allow signs and displays within its stores for the purpose of
supplying consumer information to customers, including but not
limited to discounts, sales and other specials. Commission
discretion with respect to those signs and displays shall be
limited to regulation of the content, size, number per brand,
type and duration of the sign or display. Signs and displays may
be supplied by manufacturers, wholesalers or distributors, and
may bear the name of a particular distillery, supplier or brand
of liquor. The use of signs and displays shall be optional with
the agent appointed by the commission. In no event shall signs or
displays authorized { - under this subsection - } { + by the
commission + } be placed in positions within the store where the
sign or display would be readily visible from outside of the
store.
{ +
ORDERING OF ALCOHOLIC BEVERAGES BY OLCC + }
SECTION 12. { + ORS 471.780 is repealed. + }
{ +
ALCOHOL EDUCATION PROGRAM + }
SECTION 13. { + Section 14 of this 2001 Act is added to and
made a part of ORS chapter 471. + }
SECTION 14. { + The Oregon Liquor Control Commission shall
establish an Alcohol Education Program. The Alcohol Education
Program shall consist of all the duties of the commission in
administering clerk training courses under ORS 471.341 and
alcohol server education courses under ORS 471.542. + }
SECTION 15. ORS 471.341, as amended by section 9, chapter 1062,
Oregon Laws 1999, is amended to read:
471.341. (1) An employee of an off-premises sales licensee who
has been found by the Oregon Liquor Control Commission to have
sold alcoholic beverages to a minor, or to have failed to
properly verify identification of a person who purchased
alcoholic beverages, must attend a { + clerk + } training
{ - program - } { + course + } approved by the commission as a
condition of making sales of alcoholic beverages to members of
the public under an off-premises sales license.
(2) The commission shall by rule establish times for employees
to complete a required { + clerk + } training { - program - }
{ + course + } under this section. An employee required to
complete a { + clerk + } training { - program - } { +
course + } under this section may continue to make sales of
alcoholic beverages to members of the public until taking such
training, but may not make any sales of alcoholic beverages after
the expiration of the time allowed by commission rule if the
employee has not completed the training before the expiration of
that time.
(3) Except as provided in subsection (2) of this section, the
holder of an off-premises sales license may not allow an employee
who has been found by the Oregon Liquor Control Commission to
have sold alcoholic beverages to a minor, or to have failed to
properly verify identification of a person who purchased
alcoholic beverages, to sell alcoholic beverages under the
license unless the employee completes a { + clerk + } training
{ - program - } { + course + } as required by this section.
(4) The Oregon Liquor Control Commission { - must - } { + ,
as part of the Alcohol Education Program established under
section 14 of this 2001 Act, shall + }approve all { + clerk + }
training { - programs - } { + courses + } offered for the
purpose of this section. The holder of an off-premises sales
license may establish a { + clerk + } training
{ - program - } { + course + } for employees of the licensee,
but the { - program - } { + course + } must be approved by
the commission to meet the requirements of this section.
{ + Clerk + } training { - programs - } { + courses + }
approved under this section must address at least the following
topics:
(a) The importance of not selling alcoholic beverages to minors
and visibly intoxicated persons.
(b) Guidelines for recognizing minors and visibly intoxicated
persons.
(c) Guidelines for checking and verifying identification, and
for recognizing false or altered identification.
(d) Recommended approaches for refusing sales of alcoholic
beverages to minors and visibly intoxicated persons.
(5) If an employee of an off-premises sales licensee is found
to have sold alcoholic beverages to a minor, or to have failed to
properly verify identification of a person who purchased
alcoholic beverages, the commission shall notify the licensee
that the employee must complete a { + clerk + } training
{ - program - } { + course + } approved under this section and
may not sell alcoholic beverages to members of the public after
the time established by the commission unless the employee
completes the training within the time allowed. If the
off-premises sales licensee offers a { + clerk + } training
{ - program - } { + course + } to new employees, and the
employee has previously completed that { - program - } { +
course + }, the requirements of this section may be met by
retaking the { + clerk + } training { - program - } { +
course + } if the { - program - } { + course + } has been
approved by the commission for the purposes of this section.
(6) Upon completion of a { + clerk + } training
{ - program - } { + course + } by an employee of an
off-premises sales licensee pursuant to the requirements of this
section, the off-premises sales licensee that employs the person
must notify the commission in writing that the employee has
successfully completed the training. The notification must
include the name and address of the employee, the name of the
{ + clerk + } training { - program - } { + course + }
attended by the employee, and the date or dates on which the
{ - program - } { + course + } was attended. The notification
shall be kept by the commission in the licensee's file.
(7) The commission { - may - } { + shall + } assess and
collect a fee not to exceed $13 { + from each person required to
attend a clerk training course under this section. Amounts
collected under this section shall be used + } for the
administrative expenses incurred by the commission { - under
this section - } { + in the performance of the commission's
duties under the Alcohol Education Program + }.
(8) In addition to any other penalty provided for by law, the
commission may impose a civil penalty against any employee of an
off-premises sales licensee who sells alcoholic beverages to
members of the public and who is prohibited from making those
sales under this section. A civil penalty under this subsection
may not exceed $500. Civil penalties under this subsection shall
be imposed by the commission in the manner provided by ORS
183.090.
SECTION 16. ORS 471.542, as amended by section 36, chapter 351,
Oregon Laws 1999, is amended to read:
471.542. (1) Except as provided in subsection (2) of this
section, the Oregon Liquor Control Commission shall require a
person applying for issuance or renewal of a server permit or any
license that authorizes the sale or service of alcoholic
beverages for consumption on the premises to complete an approved
alcohol server education { - program - } { + course + } and
examination as a condition of the issuance or renewal of the
permit or license.
(2) A person applying for issuance or renewal of a license that
authorizes the sale or service of alcoholic beverages for
consumption on the premises need not complete an approved alcohol
server education { - program - } { + course + } and
examination as a condition of the issuance or renewal of the
license if:
(a) The license has been restricted by the commission to
prohibit sale or service of alcoholic beverages for consumption
on the premises; or
(b) The person applying for issuance or renewal of the license
submits a sworn statement to the commission stating that the
person will not engage in sale or service of alcoholic beverages
for consumption on the premises, will not directly supervise or
manage persons who sell or serve alcoholic beverages on the
premises, and will not participate in establishing policies
governing the sale or service of alcoholic beverages on the
premises.
(3) The commission by rule shall establish requirements that
licensees and permittees must comply with as a condition of
requalifying for a license or permit. The licensee or permittee
must comply with those requirements once every five years after
completing the initial alcohol server education { - program - }
{ + course + } and examination. The requirements established by
the commission may include retaking the alcohol server education
{ - program - } { + course + } and examination.
(4) The commission may extend the time periods established by
this section upon a showing of hardship. The commission by rule
may exempt a licensee from the requirements of this section if
the licensee does not participate in the management of the
business.
(5) The standards and curriculum of alcohol server education
{ - programs - } { + courses + } shall include but not be
limited to the following:
(a) Alcohol as a drug and its effects on the body and behavior,
especially driving ability.
(b) Effects of alcohol in combination with commonly used legal,
prescription or nonprescription, drugs and illegal drugs.
(c) Recognizing the problem drinker and community treatment
programs and agencies.
(d) State alcohol beverage laws such as prohibition of sale to
minors and sale to intoxicated persons, sale for on-premises or
off-premises consumption, hours of operation and penalties for
violation of the laws.
(e) Drunk driving laws and liquor liability statutes.
(f) Intervention with the problem customer including ways to
cut off service, ways to deal with the belligerent customer and
alternative means of transportation to get the customer safely
home.
(g) Advertising and marketing for safe and responsible drinking
patterns and standard operating procedures for dealing with
customers.
(6) The commission shall impose a fee not to exceed $2.60 a
year for each license subject to the alcohol server education
requirement, and a fee not to exceed $13 for each service permit
application. These fees shall be used for administrative costs of
the { + Alcohol Education + } Program { + established under
section 14 of this 2001 Act + } and shall be in addition to any
other license or permit fees required by law or rule.
(7) The commission shall adopt rules to impose reasonable fees
for administrative costs { - of the program - } on alcohol
server education { + course + } instructors and providers.
(8) The commission shall provide { - the program - } { +
alcohol server education courses and examinations + } through
independent contractors, private persons or private or public
schools certified by the commission. The commission shall adopt
rules governing the manner in which { - the program is - }
{ + alcohol server education courses and examinations are + }
made available to persons required to take the { - program - }
{ + course + }. In adopting rules under this subsection, the
commission shall consider alternative means of providing
{ - the program - } { + courses + }, including but not limited
to providing { - the program - } { + courses + } through
audiotapes, videotapes, the Internet and other electronic media.
SECTION 17. ORS 471.547 is amended to read:
471.547. The Oregon Liquor Control Commission shall establish
an Alcohol Server Education Advisory Committee consisting of
persons representing the commission, the Oregon State Police, the
Oregon District Attorneys' Association, the office of Alcohol and
Drug Abuse Programs, the Department of Transportation, at least
one person who is a service permittee under ORS 471.360, a
nonprofit organization the purpose of which is to reduce the
incidence of drunk driving, and not more than three associations
representing retail licensees and two associations representing
insurance companies to assist in:
(1) The development of the standards, curriculum and materials
for the { + alcohol server + } education { - program - } { +
courses required under ORS 471.542 + };
(2) The examination { + required by ORS 471.542, + } and
{ - examination - } procedures { + for administering that
examination + };
(3) The certification procedures, enforcement policies and
penalties for { + alcohol server + } education { - program - }
{ + course + } instructors and providers; and
(4) The development of time requirements for completion of an
{ - approved - } alcohol { + server + } education
{ - program - } { + course and examination + } and conditions
for probationary extension.
SECTION 18. ORS 471.549 is amended to read:
471.549. In addition to such other sanctions as may be
authorized by law, the Oregon Liquor Control Commission may
impose a civil penalty not to exceed $1,000 against any alcohol
server education { - program - } { + course + } instructor or
provider who violates a rule promulgated by the commission
pursuant to ORS 471.542. The civil penalty may be in addition to
or in lieu of any suspension, revocation or cancellation of the
certification of an alcohol server education { - program - }
{ + course + } instructor or provider.
{ +
MISCELLANEOUS + }
SECTION 19. { + The unit captions used in this 2001 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2001 Act. + }
SECTION 20. { + 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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