74th OREGON LEGISLATIVE ASSEMBLY--2007 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 585
House Bill 2168
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Liquor Control Commission, Office of
Regulatory Streamlining of Department of Consumer and Business
Services)
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.
Provides that fee for temporary sales license issued by Oregon
Liquor Control Commission is $50 per day.
Requires that certain applicants for temporary sales license
submit plan approved by commission detailing how minor patrons
will be prevented from gaining access to alcoholic beverages and
from gaining access to portion of licensed premises posted or
otherwise identified as being prohibited to minors.
Prohibits raffle of alcoholic beverages by holder of temporary
sales license.
A BILL FOR AN ACT
Relating to temporary sales licenses issued by Oregon Liquor
Control Commission; amending ORS 471.190 and 471.311.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.311 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 that 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 - } { + this chapter + } 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 chapter
183.
(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 does not apply to a
certificate of approval, a brewery-public house license or any
license that 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. Subject to ORS 471.155 and 473.065, the annual
{ + or daily + } license fee and the minimum bond required of
each class of license under this chapter are as follows:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Minimum
License Fee Bond
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Brewery, including
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Certificate of Ap$r500l1,000
____NOTE_TO_WEB_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_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Beverage and Wine 275 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Warehouse 100 1,000
____NOTE_TO_WEB_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,
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
including Certificate
of Approval $ 250 1,000
Limited On-Premises$S200s None
Off-Premises Sales $ 100 None
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Temporary Sales { -
$ 25 for events - }
{ -
lasting five hours - }
{ -
or less and - }
{ -
$25 for each - }
{ -
additional period - }
{ -
of five hours - }
{ -
or less: - }
{ +
$ 50 per day + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Grower sales privilege
license $ 250 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
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 (8), or held
by a nonprofit or charitable organization that is registered with
the state, is $200.
SECTION 2. ORS 471.190 is amended to read:
471.190. (1) The holder of a temporary sales license may sell
at retail by the drink wine, malt beverages, cider and distilled
liquor. Distilled liquor served by the holder of a temporary
sales license must be purchased from a retail sales agent of the
Oregon Liquor Control Commission. The holder of a temporary sales
license must provide food service as required by commission rule.
(2) A temporary sales license may be issued only to:
(a) Nonprofit or charitable organizations that are registered
with the state.
(b) A political committee that has filed a statement of
organization under ORS 260.039 or 260.042.
(c) State agencies.
(d) Local governments, and agencies and departments of local
governments.
{ - (e) Persons not otherwise described in this subsection
if, under the rules of the commission applicable to the presence
of minor patrons on licensed premises, minor patrons would be
allowed to be anywhere on the licensed premises during the time
that the event is occurring. - }
{ + (e) Persons not otherwise described in this subsection,
as long as the applicant submits a plan that is approved by the
commission detailing how minors will be prevented from gaining
access to alcoholic beverages and how minors will be prevented
from gaining access to any portion of the licensed premises
prohibited to minors under ORS 471.430 (3) or any rule adopted by
the commission. + }
(3) The holder of a temporary sales license may sell { - or
raffle - } wine, malt beverages or cider in factory-sealed
containers for consumption off the licensed premises.
(4) The commission may by rule establish additional eligibility
requirements for temporary sales licenses.
(5) Subject to such qualifications as the commission may
establish by rule, persons who hold a full or limited on-premises
sales license are eligible for temporary sales licenses.
(6) A person holding a temporary sales license is not required
to obtain a temporary restaurant license or mobile unit license
under ORS chapter 624 if only wine, malt beverages and cider in
single-service containers are served and only nonperishable food
items that are exempted from licensure by the Department of Human
Services are served.
(7) Employees and volunteers serving alcoholic beverages for a
nonprofit or charitable organization licensed under this section
are not required to have server permits nor to complete an
alcohol server education program and examination under ORS
471.542. The commission by rule may establish education
requirements for servers described in this subsection.
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