Chapter 646 Oregon Laws 1999

Session Law

AN ACT

HB 2705

Relating to alcohol; creating new provisions; amending ORS 471.430, 813.030, 813.040 and 813.270; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 471.430 is amended to read:

471.430. (1) No person under the age of 21 years shall attempt to purchase, purchase or acquire alcoholic liquor. Except when such minor is in a private residence accompanied by the parent or guardian of the minor and with such parent's or guardian's consent, no person under the age of 21 years shall have personal possession of alcoholic liquor.

(2) For the purposes of this section, personal possession of alcoholic liquor includes the acceptance or consumption of a bottle of such liquor, or any portion thereof or a drink of such liquor. However, this section does not prohibit the acceptance or consumption by any person of sacramental wine as part of a religious rite or service.

(3) Except as authorized by rule or as necessitated in an emergency, no person under the age of 21 years shall enter or attempt to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors.

(4) Any person who violates subsection (1) or (3) of this section commits a violation punishable by a fine of not more than $250.

(5) In addition to and not in lieu of any other penalty established by law, a person under 21 years of age who violates subsection (1) of this section through misrepresentation of age may be required to perform community service and the court shall order that the person's driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year. If a court has issued an order denying driving privileges under this section, the court, upon petition of the person, may withdraw the order at any time the court deems appropriate. The court notification to the Department of Transportation under this subsection may include a recommendation that the person be granted a hardship permit under ORS 807.240 if the person is otherwise eligible for the permit.

(6) In addition to and not in lieu of any penalty established by law, the court:

(a) Shall order a person who is at least 18 years of age and not more than 21 years of age, who is convicted of violation of this section and who has been convicted of violation of this section at least once before when the person was at least 18 years of age, to undergo assessment and treatment as provided in section 2 of this 1999 Act.

(b) May order a person who is at least 18 years of age and not more than 21 years of age and who is convicted of violation of this section to undergo assessment and treatment as provided in section 2 of this 1999 Act.

SECTION 2. When a person is ordered to undergo assessment and treatment as provided in ORS 471.430, the court shall require the person to do all of the following:

(1) Pay to the court the fee described under ORS 813.030 in addition to any fine imposed under ORS 471.430.

(2) Complete an examination by an agency or organization designated by the court to determine whether the person has a problem condition involving alcohol as described in ORS 813.040. The designated agencies or organizations must meet the standards set by the Assistant Director for Alcohol and Drug Abuse Programs to perform the diagnostic assessment and treatment of problem drinking and alcoholism and must be certified by the Assistant Director for Alcohol and Drug Abuse Programs.

(3) Complete a treatment program, paid at the expense of the person convicted, as follows:

(a) If the examination required under this section shows that the person has a problem condition involving alcohol, a program for rehabilitation for alcoholism approved by the Assistant Director for Alcohol and Drug Abuse Programs.

(b) If the examination required by this section shows that the person does not have a problem condition involving alcohol, an alcohol information program approved by the Assistant Director for Alcohol and Drug Abuse Programs.

SECTION 3. ORS 813.030 is amended to read:

813.030. The fee required by ORS 813.020 (1) and section 2 of this 1999 Act shall be in the amount of $130, except that the court may waive all or part of the fee in cases involving indigent defendants. The court may make provision for payment of the fee on an installment basis. The fee shall be ordered paid as follows:

(1) $105 to be credited and distributed under ORS 137.295 as an obligation payable to the state; and

(2) $25 to be paid to the Assistant Director for Alcohol and Drug Abuse Programs for deposit in the Intoxicated Driver Program Fund created by ORS 813.270.

SECTION 4. ORS 813.040 is amended to read:

813.040. This section establishes, for purposes of ORS 807.060, 813.020 and 813.500 and section 2 of this 1999 Act, when a person has a problem condition involving alcohol or controlled substances. For purposes of ORS 807.060, 813.020 and 813.500 and section 2 of this 1999 Act, a person has a problem condition involving alcohol or controlled substances if it is determined that the person has a problem condition in which the person's health or that of others is substantially impaired or endangered or the person's social or economic function is substantially disrupted because of the person's:

(1) Habitual or periodic use of alcoholic beverages; or

(2) Use of or loss of the ability to control the use of controlled substances or other substances with abuse potential including a condition that may have developed:

(a) A physical dependence in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms; or

(b) A psychological dependence characterized by an overwhelming mental desire for continued use of a drug or controlled substance.

SECTION 5. ORS 813.270 is amended to read:

813.270. The Intoxicated Driver Program Fund is created to consist of moneys placed in the fund under ORS 813.030 and 813.240 or as otherwise provided by law and of gifts and grants made to the fund for carrying out the purposes of the fund. The moneys in the fund may be used only for the following purposes:

(1) To pay for providing treatment for individuals who enter diversion agreements under ORS 813.200 and who are found to be indigent. Payment for treatment under this subsection may include treatment for problem drinking, alcoholism or drug dependency. Payment shall be made as provided by the Assistant Director for Alcohol and Drug Abuse Programs by rule to agencies or organizations providing treatment.

(2) To pay for evaluation as provided by law of programs used for diversion agreements.

(3) To pay the cost of administration of the fund by the Assistant Director for Alcohol and Drug Abuse Programs.

(4) To pay for materials, resources and training supplied by the Assistant Director for Alcohol and Drug Abuse Programs to those persons, organizations or agencies performing the diagnostic assessments or providing education or treatment to persons under diversion agreements.

(5) To pay for providing treatment or information programs required under ORS 813.020 and section 2 of this 1999 Act for individuals who are found to be indigent.

(6) To pay for special services required to enable a disabled person, or a person whose proficiency in the use of English is limited because of the person's national origin, to participate in treatment programs that are used for diversion agreements under ORS 813.200 or are required under ORS 813.020. This subsection applies:

(a) Whether or not the person is indigent; and

(b) Only to special services required solely because of the person's disability or limited proficiency in the use of English.

SECTION 5a. Section 5 of this 1999 Act (amending ORS 813.270) is repealed and ORS 813.270, as amended by section 6, chapter 126, Oregon Laws 1999 (Enrolled House Bill 2168), is amended to read:

(2) To pay for evaluation as provided by law of programs used for diversion agreements.

(3) To pay the cost of administration of the fund by the Assistant Director for Alcohol and Drug Abuse Programs.

(5) To pay for providing treatment programs required under ORS 813.020 and treatment or information programs required under section 2 of this 1999 Act for individuals who are found to be indigent.

(a) Whether or not the person is indigent; and

(b) Only to special services required solely because of the person's disability or limited proficiency in the use of English.

SECTION 6. Section 2 of this 1999 Act and the amendments to ORS 471.430, 813.030, 813.040 and 813.270 by sections 1, 3, 4 and 5a of this 1999 Act apply to persons convicted of violation of ORS 471.430 on or after the operative date of sections 1 to 6 of this 1999 Act.

SECTION 7. Section 8 of this 1999 Act is added to and made a part of ORS chapter 471.

SECTION 8. Except as specifically provided in this chapter, a person who owns, operates or controls a business establishment that sells food or beverages for consumption at the establishment or that offers entertainment to the public for consideration may not provide alcoholic beverages to members of the public for consumption at the establishment, without regard to whether the beverages are offered on a purely gratuitous basis, if:

(1) The alcoholic beverages are offered for the purpose of inducing members of the public to purchase food or beverages or to pay for entertainment; and

(2) The person providing the alcoholic beverages does not hold a license issued under this chapter or ORS chapter 472 that authorizes the retail sale of alcoholic beverages.

SECTION 9. Section 10 of this 1999 Act is added to and made a part of ORS chapter 471.

SECTION 10. (1) For the purpose of determining whether there is a history of serious and persistent problems involving noise under the provisions of ORS 471.295 (5) and 471.315 (1)(c):

(a) Noise from the inside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance; and

(b) Noise caused by patrons outside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance or if the noise is of a type that a reasonable person would not expect to hear outside a premises licensed for the sale of alcoholic beverages.

(2) For the purpose of determining whether noise is obtrusive under the provisions of ORS 471.295 (5) and 471.315 (1)(c), the Oregon Liquor Control Commission shall consider whether persons complaining about the noise have taken any action to mitigate the disturbance alleged to have been caused by the noise.

SECTION 11. Sections 2 and 6 of this 1999 Act and the amendments to ORS 471.430, 813.030, 813.040 and 813.270 by sections 1, 3, 4 and 5a of this 1999 Act become operative on January 1, 2000.

SECTION 12. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 13, 1999

Effective date July 13, 1999

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