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
 
                         Senate Bill 383
 
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.
 
  Clarifies authority of holder of full on-premises sales license
to purchase distilled liquor from agent of Oregon Liquor Control
Commission.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to alcoholic beverages; amending ORS 471.175; 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) 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 - }   { + any distilled liquor from an agent
of the + } 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
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) 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.  { + 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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