75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to HB 2249
 
LC 402/HB 2249-2
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2249
 
           By COMMITTEE ON BUSINESS AND TRANSPORTATION
 
                             May 15
 
  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and line 3 and insert '471.370, 471.380, 471.385
and 471.542.'.
  On page 2, delete lines 17 through 19 and insert:
  '  { +  SECTION 3. + } ORS 471.370 is amended to read:
  ' 471.370. Unless sooner suspended or revoked, a service permit
 { - issued after November 1, 1981, shall expire on the
anniversary date of the permittee's birthday five years after the
date of issuance of the permit - }   { + expires five years after
the date on which the permittee completed the approved alcohol
server education course under ORS 471.542 that qualified the
permittee for the permit + }.
  '  { +  SECTION 4. + } ORS 471.542 is amended to read:
  ' 471.542. (1) Except as provided in subsection (2) of this
section, the Oregon Liquor Control Commission shall require a
person applying for issuance or renewal of a server permit or any
license that authorizes the sale or service of alcoholic
beverages for consumption on the premises to complete an approved
alcohol server education course and examination as a condition of
the issuance or renewal of the permit or license.
  ' (2) A person applying for issuance or renewal of a license
that authorizes the sale or service of alcoholic beverages for
consumption on the premises need not complete an approved alcohol
server education course and examination as a condition of the
issuance or renewal of the license if:
  ' (a) The license has been restricted by the commission to
prohibit sale or service of alcoholic beverages for consumption
on the premises; or
  ' (b) The person applying for issuance or renewal of the
license submits a sworn statement to the commission stating that
the person will not engage in sale or service of alcoholic
beverages for consumption on the premises, will not directly
supervise or manage persons who sell or serve alcoholic beverages
on the premises, and will not participate in establishing
policies governing the sale or service of alcoholic beverages on
the premises.
  ' (3) The commission by rule shall establish requirements that
licensees and permittees must comply with as a condition of
requalifying for a license or permit. The licensee or permittee
must comply with those requirements once every five years after
completing the initial alcohol server education course and
examination. The requirements established by the commission
 { + to requalify for a license + } may include retaking the
alcohol server education course and examination.  { + The
requirements established by the commission to requalify for a
service permit shall include retaking the alcohol server
education course and examination. + }
  ' (4) The commission may extend the time periods established by
this section upon a showing of hardship. The commission by rule
may exempt a licensee from the requirements of this section if
the licensee does not participate in the management of the
business.
  ' (5) The standards and curriculum of alcohol server education
courses shall include but not be limited to the following:
  ' (a) Alcohol as a drug and its effects on the body and
behavior, especially driving ability.
  ' (b) Effects of alcohol in combination with commonly used
legal, prescription or nonprescription, drugs and illegal drugs.
  ' (c) Recognizing the problem drinker and community treatment
programs and agencies.
  ' (d) State alcohol beverage laws such as prohibition of sale
to minors and sale to intoxicated persons, sale for on-premises
or off-premises consumption, hours of operation and penalties for
violation of the laws.
  ' (e) Drunk driving laws and liquor liability statutes.
  ' (f) Intervention with the problem customer including ways to
cut off service, ways to deal with the belligerent customer and
alternative means of transportation to get the customer safely
home.
  ' (g) Advertising and marketing for safe and responsible
drinking patterns and standard operating procedures for dealing
with customers.
  ' (6) The commission shall impose a fee not to exceed $2.60 a
year for each license subject to the alcohol server education
requirement, and a fee not to exceed $13 for each service permit
application. These fees shall be used for administrative costs of
the Alcohol Education Program established under ORS 471.541 and
shall be in addition to any other license or permit fees required
by law or rule.
  ' (7) The commission shall adopt rules to impose reasonable
fees for administrative costs on alcohol server education course
instructors and providers.
  ' (8) The commission shall provide alcohol server education
courses and examinations through independent contractors, private
persons or private or public schools certified by the commission.
The commission shall adopt rules governing the manner in which
alcohol server education courses and examinations are made
available to persons required to take the course. In adopting
rules under this subsection, the commission shall consider
alternative means of providing courses, including but not limited
to providing courses through audiotapes, videotapes, the Internet
and other electronic media.
  '  { +  SECTION 5. + }  { + (1) The amendments to ORS 471.380
and 471.385 by sections 1 and 2 of this 2009 Act apply to false
statements received by the Oregon Liquor Control Commission on or
after the effective date of this 2009 Act.
  ' (2) The amendments to ORS 471.370 by section 3 of this 2009
Act apply to service permits issued on or after the effective
date of this 2009 Act.
  ' (3) The amendments to ORS 471.542 by section 4 of this 2009
Act apply to license and service permit requalification periods
that begin on or after the effective date of this 2009 Act. + } '
.
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