71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 383
 
LC 883/SB 383-A17
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 383
 
    By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
 
                             June 18
 
  On page 4 of the printed A-engrossed bill, delete lines 32
through 45 and insert:
  '  { +  SECTION 4. + } 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.'.
  On page 5, delete lines 1 through 17.
  In line 35, delete the comma and insert 'and' and delete ' and
the signature of the person'.
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