72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2931
House Joint Resolution 40
Sponsored by Representatives DOYLE, KRUSE
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.
Proposes amendment to Oregon Constitution to terminate state
monopoly on sales of distilled liquor by bottle and to prohibit
state from selling, distributing, warehousing or establishing
prices for alcoholic beverages. Directs Legislative Assembly to
provide for licensing of private liquor stores and to establish
privilege tax to offset revenues lost by reason of termination of
state's monopoly. Requires that tax be applied uniformly to all
types of alcoholic beverages and be based solely on weight of
pure alcohol.
Refers proposed amendment to people for their approval or
rejection at special election held on date specified in chapter
___ , Oregon Laws 2003 (Enrolled House Bill 3325).
JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
Oregon:
PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 39a to be added to and made a part of
Article I, and by amending section 39, Article I, such sections
to read:
{ + Sec. 39. + } { + (1) + } The State shall have power to
license private clubs, fraternal organizations, veterans'
organizations, railroad corporations operating interstate trains
and commercial establishments where food is cooked and served,
for the purpose of selling alcoholic liquor by the individual
glass at retail, for consumption on the premises, including mixed
drinks and cocktails, compounded or mixed on the premises only.
The Legislative Assembly shall provide in such detail as it shall
deem advisable for carrying out and administering the provisions
of this amendment and shall provide adequate safeguards to carry
out the original intent and purpose of the Oregon Liquor Control
Act, including the promotion of temperance in the use and
consumption of alcoholic beverages, encourage the use and
consumption of lighter beverages and aid in the establishment of
Oregon industry. This power is subject to the following:
{ - (1) - } { + (a) + } { - The provisions of this
amendment shall take effect and be in operation sixty (60) days
after the approval and adoption by the people of Oregon;
provided, however, the - } { + The + } right of a local option
election exists in the counties and in any incorporated city or
town containing a population of at least five hundred (500). The
Legislative Assembly shall prescribe a means and a procedure by
which the voters of any county or incorporated city or town as
limited above in any county { - , - } may through a local
option election determine whether to prohibit or permit such
power, and such procedure shall specifically include that
whenever fifteen { - per cent - } { + percent + } (15%) of
the registered voters of any county in the state or of any
incorporated city or town as limited above, in any county in the
state, shall file a petition requesting an election in this
matter, the question shall be voted upon at the next regular
November biennial election, provided said petition is filed not
less than sixty (60) days before the day of election.
{ - (2) - } { + (b) + } Legislation relating to this matter
shall operate uniformly throughout the state { + , + } and all
individuals shall be treated equally { - ; and all - } { + .
All + } provisions shall be liberally construed for the
accomplishment of these purposes.
{ + (2) The state monopoly on the sale of distilled liquor by
the bottle is terminated, and the state may not sell, distribute,
warehouse or establish prices for alcoholic beverages. The
Legislative Assembly shall by law provide for the licensing of
private liquor stores. Licensed stores shall be allowed to
import, distribute and sell distilled liquors at such price as
may be set by the holder of the license.
(3) The Legislative Assembly shall establish a privilege tax on
alcoholic beverages that is applied uniformly to all types of
alcoholic beverages and is based solely on the weight of pure
alcohol contained in each beverage. The tax shall be known as the
alcohol flat tax. The tax shall be set in an amount adequate to
offset any revenues lost to the state by reason of the
termination of the state's monopoly on sale of distilled liquor
by the bottle. The Legislative Assembly may not impose any tax
on alcoholic beverages except the alcohol flat tax. + }
{ + SECTION 39a. + } { + (1) Except as provided in this
section, the amendment to section 39 of this Article by House
Joint Resolution 40 (2003) becomes operative 270 days after the
effective date of this section.
(2) The amendment to section 39 of this Article by House Joint
Resolution 40 (2003) becomes operative on the effective date of
this section for the purpose of:
(a) The passage of all laws by the Legislative Assembly
necessary to implement the amendment to section 39 of this
Article by House Joint Resolution 40 (2003) on or before the date
270 days after the effective date of this section; and
(b) The liquidation of all liquor stocks held by the state on
or before the date 270 days after the effective date of this
section.
(3) The law adopted by the Legislative Assembly for the
licensing of private liquor stores under the amendment to section
39 of this Article by House Joint Resolution 40 (2003) shall
provide that a retail sales agent of the Oregon Liquor Control
Commission that is operating a store on behalf of the commission
on the effective date of this section qualifies for a license for
the operation of a private liquor store.
(4) This section is repealed January 1, 2005. + }
PARAGRAPH 2. { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at a special election held throughout this state as provided in
chapter ___, Oregon Laws 2003 (Enrolled House Bill 3325). + }
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