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
 
                         House Bill 2249
 
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 as
introduced.
 
  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.
 
                        A BILL FOR AN ACT
Relating to alcoholic beverage service permits; creating new
  provisions; and amending ORS 471.380 and 471.385.
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.  { + 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. + }
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