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 1585
Senate Bill 768
Sponsored by Senator DINGFELDER; Senators MORRISETTE, ROSENBAUM,
Representatives CANNON, DEMBROW, GREENLICK
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.
Authorizes counties to impose malt beverage cost recovery fee
through adoption of ordinance imposing fee. Directs Oregon Liquor
Control Commission to collect fees. Distributes fee revenues to
counties imposing fee, for specified purposes relating to alcohol
or drug addiction.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to malt beverage cost recovery fees; appropriating
money; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2009 Act are added to
and made a part of ORS chapter 473. + }
SECTION 2. { + (1) In order to recover a portion of the
government costs incurred as a result of the consumption of malt
beverages, the governing body of each county in this state may
impose a malt beverage cost recovery fee that is measured by malt
beverages sold at retail in the county. The governing body may
impose the fee by enacting a nonemergency ordinance. The fee
shall be in the amount of:
(a) Ten cents per 12 ounces of malt beverage; or
(b) Five cents per 12 ounces of malt beverage, in the case of a
manufacturer of malt beverages that produces less than 200,000
barrels of malt beverages annually or an importing distributor
who exclusively imports from one or more manufacturers that each
produce less than 200,000 barrels annually.
(2) If authorized by the governing body of the county, the fee
may be imposed only as prescribed in this section.
(3) The fee shall be imposed on manufacturers or importing
distributors of malt beverage based on quantities of retail sales
reported as required under section 3 of this 2009 Act.
(4) Each county governing body enacting an ordinance described
in this section shall send a copy of the ordinance to the Oregon
Liquor Control Commission. The ordinance shall become operative
on the first day of the first month that begins more than 91 days
following the date of enactment of the ordinance.
(5)(a) The cost recovery fee under subsection (1) of this
section shall be adjusted annually for cost-of-living changes, by
increasing the fee under subsection (1) of this section by the
percentage by which the monthly averaged U.S. City Average
Consumer Price Index for the 12 consecutive months ending August
31 of the prior calendar year exceeds the monthly averaged index
for the calendar year 2008. The fee shall be applied on the basis
of a 31-gallon barrel of malt beverage.
(b) As used in this subsection, 'U.S. City Average Consumer
Price Index' means the U.S. City Average Consumer Price Index for
All Urban Consumers (All Items) as published by the Bureau of
Labor Statistics of the United States Department of Labor.
(6) The fee authorized under this section is not subject to
approval as provided in ORS 203.055. + }
SECTION 3. { + (1) Each person that sells malt beverages at
retail in a county that has enacted a malt beverage cost recovery
fee authorized under section 2 of this 2009 Act shall report on
the monthly sales of malt beverages by the person in the county
to the Oregon Liquor Control Commission at the time and in the
form prescribed by the commission. The report shall contain any
information required by the commission, including the quantity of
monthly retail sales of malt beverages for each manufacturer or
importing distributor of the malt beverages whose product is sold
by the person in the county.
(2) Based on the sales data reported under subsection (1) of
this section or as otherwise determined by the commission, the
commission shall prepare billing statements for each manufacturer
or importing distributor of malt beverages that reflect the
distribution of malt beverages to counties that have enacted the
malt beverage cost recovery fee authorized under section 2 of
this 2009 Act.
(3) The commission shall send billing statements to each
manufacturer or importing distributor of malt beverages each
calendar quarter. A manufacturer or importing distributor shall
pay the cost recovery fees billed to the manufacturer or
importing distributor within 20 days of the date of billing.
Payment shall be made to the commission in the form and manner
prescribed by the commission.
(4) The commission shall deposit fees collected under this
section in the Malt Beverage Cost Recovery Fee Fund.
(5) For all purposes of collection and enforcement, claims for
refunds, penalties, interest, record keeping, inspection of
records, appeals, confidentiality and disclosure of information,
the cost recovery fee shall be considered to be a privilege tax
imposed under ORS 473.030. + }
SECTION 4. { + (1) The Malt Beverage Cost Recovery Fee Fund is
established in the State Treasury, separate and distinct from the
General Fund.
(2) Moneys in the Malt Beverage Cost Recovery Fee Fund are
continuously appropriated to the Oregon Liquor Control Commission
for the purpose of making the following distributions:
(a) Amounts necessary to reimburse the commission for the
expenses incurred in administering sections 2 to 4 of this 2009
Act, not to exceed ___ of the fund balance prior to distribution,
shall be distributed to the commission; and
(b) The balance of the account shall be distributed to the
counties of this state that have imposed malt beverage cost
recovery fees pursuant to section 2 of this 2009 Act, with each
county's share proportionate to the amount of malt beverage cost
recovery fee revenues that are allocable to retail sales of malt
beverages in that county. + }
SECTION 5. { + (1) Revenue received by a county from a malt
beverage cost recovery fee imposed by the county under sections 2
to 4 of this 2009 Act may be used only for the following
purposes:
(a) Alcohol or drug addiction prevention;
(b) Alcohol or drug addiction treatment;
(c) Law enforcement programs that apply to persons with alcohol
or drug addiction; and
(d) Criminal justice programs that are utilized either by
courts or by corrections departments and that are used for
alcohol or drug addiction prevention or treatment.
(2) The use of revenues received from a malt beverage cost
recovery fee imposed by the county under sections 2 to 4 of this
2009 Act shall be determined by the county governing body based
on local community needs, except that the county governing body
may not allocate less than 15 percent or more than 35 percent of
the total amount of funds to be allocated annually to any one
category of authorized uses under subsection (1) of this section.
(3) The governing body of a county receiving malt beverage cost
recovery fee revenues under this section shall cause an annual
independent audit on the use of the revenues. + }
SECTION 6. { + This 2009 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fifth
Legislative Assembly adjourns sine die. + }
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