75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2247
 
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)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to liquor licenses; amending ORS 471.168.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 471.168 is amended to read:
  471.168. (1) For the purpose of providing coverage for injuries
suffered by persons by reason of the conduct of intoxicated
persons who were served alcoholic beverages on licensed premises
while visibly intoxicated, all persons holding a license
described in this section must either:
  (a) Maintain liquor liability insurance of not less than
$300,000; or
  (b) Maintain a bond with a corporate surety authorized to
transact business in this state in the amount of not less than
$300,000.
  (2) The Oregon Liquor Control Commission may by rule require
liquor liability insurance or bond in an amount larger than the
minimum amount provided for in subsection (1) of this section.
  (3) The requirements of this section apply to full on-premises
sales licenses, limited on-premises sales licenses and
brewery-public house licenses. The requirements of this section
apply to temporary sales licenses, special events winery licenses
and special events grower sales privilege licenses if the event
that is licensed is open to the public and attendance at the
event is anticipated to exceed 300 individuals per day.
  (4) The requirements of this section apply to winery licenses,
brewery licenses and grower sales privilege licenses unless an
applicant for issuance of the license or renewal of the license
submits with the application for issuance or renewal of the
license an affidavit that states that the licensee will not allow
consumption of alcoholic beverages on the premises.
  (5) All licensees subject to the requirements of this section
must supply proof of compliance at the time the license is issued
or renewed. The commission by rule shall determine the manner in
which proof of compliance may be made under the provisions of
this subsection. { +  The commission may require a licensee to
present proof of compliance with liquor liability insurance and
bond requirements at any time upon request of the commission.
  (6) Failure of a licensee to comply with liquor liability
insurance or bond requirements imposed under this section
constitutes a serious threat to public health and safety. In
addition to any action available to the commission under ORS
 
 
Enrolled House Bill 2247 (HB 2247-INTRO)                   Page 1
 
 
 
471.313 or 471.315, the commission may immediately suspend or
refuse renewal of a license as provided under ORS 183.430 (2) if
the licensee fails to comply with those insurance or bond
requirements.
  (7) If a licensee fails to provide proof of compliance with
liquor liability insurance or bond requirements imposed under
this section at the time of license renewal or when requested by
the commission, the failure is sufficient reason for the
commission to find for purposes of ORS 183.430 (2) that the
licensee has failed to comply with the insurance or bond
requirements. + }
                         ----------
 
 
Passed by House February 12, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 29, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2247 (HB 2247-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2247 (HB 2247-INTRO)                   Page 3