Chapter 12 Oregon Laws 2005

AN ACT

HB 2055

Relating to alcohol service permits; creating new provisions; and amending ORS 471.380.

Be It Enacted by the People of the State of Oregon:

SECTION 1. 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 as required by ORS 471.375.

(f) That the applicant has not completed the alcohol server education 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 of a service permit must request a hearing:

(a) Within 15 days after notification of the refusal, if the refusal is based on failure to complete the alcohol server education course and examination; or

(b) Within 30 days after notification of the refusal, if the refusal is based on any grounds other than failure to complete the alcohol server education course and examination.

SECTION 2. The amendments to ORS 471.380 by section 1 of this 2005 Act apply only to refusals of service permits issued on or after the effective date of this 2005 Act.

Approved by the Governor March 30, 2005

Filed in the office of Secretary of State March 31, 2005

Effective date January 1, 2006

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