75th OREGON LEGISLATIVE ASSEMBLY--2009 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 402
A-Engrossed
House Bill 2249
Ordered by the Senate May 15
Including Senate Amendments dated May 15
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)
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.
Allows Oregon Liquor Control Commission to refuse service
permit if applicant makes false statements to commission. Allows
commission to revoke or suspend service permit or impose civil
penalty if permittee makes false statements to commission.
{ + Specifies date on which service permit expires.
Requires licensee or permittee to retake alcohol server
education course and examination to requalify for service
permit. + }
A BILL FOR AN ACT
Relating to alcoholic beverage service permits; creating new
provisions; and amending ORS 471.370, 471.380, 471.385 and
471.542.
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, 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. ORS 471.385 is amended to read:
471.385. (1) The Oregon Liquor Control Commission may revoke or
suspend a service permit, or impose a civil penalty in lieu of or
in addition to suspension as provided by ORS 471.322, if it finds
or has reasonable grounds to believe any of the following to be
true:
{ - (a) That the permittee has made any false statement in
the application for the permit. - }
{ + (a) That the permittee has made false statements to the
commission. + }
(b) That the permittee has been convicted of a felony, of
violating any of the liquor laws of the state, general or local,
or any misdemeanor or violation of any municipal ordinance
committed on the licensed premises.
(c) That the permittee has performed or permitted any act which
would constitute a violation of any provision of this chapter or
any rule of the commission, if the act were performed or
permitted by any licensee of the commission.
(2) The issuance, suspension or revocation of a permit under
ORS 471.360 to 471.390 does not relieve a licensee from
responsibility for any act of an employee on the licensee's
premises.
(3) When there has been a violation of this chapter or any rule
adopted thereunder upon any premises licensed by the commission,
the commission may revoke or suspend either the service permit of
the employee who violated the law or rule or the license of the
licensee upon whose premises the violation occurred, or both the
permit and the license.
(4) The commission may revoke or suspend any license issued by
the commission if the licensee knowingly indorses a person's
application for a permit when the person has been refused a
permit or has had a permit suspended or revoked, or when the
licensee fails to comply with any provision to be performed by
the licensee under ORS 471.360 to 471.390.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
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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