68th OREGON LEGISLATIVE ASSEMBLY--1995 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 1879
House Bill 2294
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Kevin
Mannix)
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 city or county to elect to issue binding recommendations
to Oregon Liquor Control Commission concerning certain liquor
licenses.
Prohibits issuance of certain liquor licenses to premises
located within 1,000 feet of specified schools. Exempts certain
premises.
Prohibits employment of persons under 21 years of age for any
purpose in area posted under commission rule as off-limits for
minors.
A BILL FOR AN ACT
Relating to alcoholic liquor; creating new provisions; and
amending ORS 471.210, 471.430, 471.482, 472.120 and 472.215.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.210 is amended to read:
471.210. (1) The { + Oregon Liquor Control + } Commission
shall provide for the licensing of persons and incorporated
cities within the state to manufacture, distribute, take orders
for and sell spirits, wines, beer and other alcoholic liquors.
Except as provided in subsection (2) of this section, every
licensee or applicant for a brewery, winery, wholesale, wine
warehouse or brewery-public house license shall give, and at all
times maintain on file with the commission, a bond with a
corporate surety authorized to transact business in this state.
The bond shall be in form and amount acceptable to the
commission, shall be payable to the commission and conditioned
that such licensee or applicant will pay any fine imposed for any
violation of any provision of the Liquor Control Act and that the
licensee or applicant will pay all license fees, privilege taxes,
taxes on alcoholic liquors, together with penalties and interest
thereon, levied or assessed against the licensee or applicant
under statutes relating to the importation, manufacture,
distribution, sale or taxation of alcoholic liquors in the State
of Oregon.
(2) Under such conditions as the commission may prescribe, a
brewery, winery, wholesale, wine warehouse or brewery-public
house licensee or applicant may deposit in lieu of the bond
required by subsection (1) of this section, the equivalent value
in cash, bank letters of credit recognized by the State Treasurer
or negotiable securities of a character approved by the State
Treasurer. The deposit is to be made in a bank or trust company
for the benefit of the commission. Interest on deposited funds or
securities shall accrue to the depositor.
{ + (3) If a county or incorporated city has not made the
election provided for in subsection (4) of this section, the
commission may require of an applicant for a license the
recommendation in writing of the governing body of the county in
the event the place of business of the applicant is outside an
incorporated city, and of the city council if the place of
business of the applicant is within an incorporated city. The
commission may take such recommendation into consideration before
granting or refusing the license.
(4) The governing body of a county or the city council of an
incorporated city may elect to issue binding recommendations to
the Oregon Liquor Control Commission on applications for licenses
under this chapter by places of business located within the
boundaries of the county or incorporated city. An application
under this subsection must be made on or before January 1 of each
calendar year. The commission shall require of every applicant
for a license the recommendation in writing of the governing body
of the county that has made the election provided for in this
subsection if the place of business of the applicant is outside
an incorporated city, and of a city council that has made the
election provided for in this subsection if the place of business
of the applicant is within an incorporated city. The commission
may not grant a license without the favorable recommendation
required by this subsection. The provisions of this subsection
allowing a city or county to make a binding recommendation on the
issuance of a license apply only to restaurant licenses,
brewery-public house licenses, package store licenses and retail
malt beverage licenses.
(5) A city or county that elects to make recommendations under
subsection (4) of this section must adopt an ordinance, rule or
resolution prescribing licensing guidelines to be followed in
making recommendations on license applications and in allowing
opportunity for public comment on applications. The guidelines
must be approved by the commission as consistent with commission
rules.
(6) An applicant for a recommendation under subsection (3) or
(4) of this section must pay to the recommending authority a fee
determined by the governing body of the recommending authority,
not to exceed $25, for each application for a license. In
addition, the applicant must pay a processing fee in an amount
prescribed by ordinance, rule or resolution of the city or county
that is reasonable and necessary to pay expenses of processing
the written recommendation. In no case may the processing fee be
greater than $100 for an original application, $75 for a
change-in-ownership or change-in-location or change-in-privilege
application and $35 for a renewal or temporary application. + }
{ - (3) The commission may require of every applicant for a
license the recommendation in writing of the governing body of
the county in the event the place of business of the applicant is
outside an incorporated city, and of the city council if the
place of business of the applicant is within an incorporated
city. The commission may take such recommendation into
consideration before granting or refusing the license. The
applicant shall pay to such recommending authority a fee
determined by the governing body of the recommending authority,
not to exceed $25, for each application for a license. - }
{ - (4) After public notice and hearing, the governing body
of a city or county may adopt an ordinance, rule or resolution
prescribing licensing guidelines to be followed in making
recommendations on license applications and in allowing
opportunity for public comment on applications. If the guidelines
are approved by the commission as consistent with commission
rules, after public notice and hearing the governing body may
adopt an ordinance, rule or regulation establishing a system of
fees that is reasonable and necessary to pay expenses of
processing the written recommendation. In no case shall the fees
be greater than $100 for an original application, $75 for a
change-in-ownership or change in location or change in privilege
application and $35 for a renewal or temporary application. - }
SECTION 2. ORS 472.120 is amended to read:
472.120. { + (1) If the governing body of a county or
incorporated city has not made the election provided for in
subsection (2) of this section, + } the { + Oregon Liquor
Control + } Commission may require of every applicant for a
license the recommendation in writing of the county court, or
board of county commissioners, in the event the place of business
of the applicant is outside of an incorporated city, or of the
city council if the place of business of the applicant is within
an incorporated city, and the commission may, in its discretion,
take such recommendation into consideration before granting or
refusing such license. The applicant shall pay to such
recommending authority a fee determined by the governing body of
the recommending authority, not to exceed $25, for each
application for a license.
{ + (2) The governing body of a county or the city council of
an incorporated city may elect to issue binding recommendations
to the Oregon Liquor Control Commission on applications for
licenses under this chapter by places of business located within
the boundaries of the county or incorporated city. An application
under this subsection must be made on or before January 1 of each
calendar year. The commission shall require of every applicant
for a license the recommendation in writing of the governing body
of the county that has made the election provided for in this
subsection if the place of business of the applicant is outside
an incorporated city, and of a city council that has made the
election provided for in this subsection if the place of business
of the applicant is within an incorporated city. The commission
may not grant a license without the favorable recommendation
required by this subsection. The provisions of this subsection
allowing a city or county to make a binding recommendation on the
issuance of a license apply only to Class 'A,' 'B' and 'C '
dispensers' licenses.
(3) A city or county that elects to make recommendations under
subsection (2) of this section must adopt an ordinance, rule or
resolution prescribing licensing guidelines to be followed in
making recommendations on license applications and in allowing
opportunity for public comment on applications. The guidelines
must be approved by the commission as consistent with commission
rules.
(4) An applicant for a recommendation under subsection (1) or
(2) of this section must pay to the recommending authority a fee
determined by the governing body of the recommending authority,
not to exceed $25, for each application for a license. In
addition, the applicant must pay a processing fee in an amount
prescribed by ordinance, rule or resolution of the city or county
that is reasonable and necessary to pay expenses of processing
the written recommendation. In no case may the processing fee be
greater than $100 for an original application, $75 for a
change-in-ownership or change-in-location or change-in-privilege
application and $35 for a renewal or temporary application. + }
SECTION 3. { + Section 4 of this Act is added to and made a
part of ORS chapter 471. + }
SECTION 4. { + (1) Except as provided in subsection (3) of
this section, the Oregon Liquor Control Commission shall not
issue any license listed in subsection (2) of this section if the
premises to be licensed are within 1,000 feet of a public or
private elementary, vocational or secondary school attended
primarily by minors. The provisions of this section do not apply
to the renewal of a license.
(2) Subsection (1) of this section applies to restaurant
licenses, brewery-public house licenses and retail malt beverage
licenses.
(3) The commission may issue a restaurant license even though
the premises to be licensed are within 1,000 feet of a public or
private elementary, vocational or secondary school attended
primarily by minors if the alcohol sales on the licensed premises
make up less than 25 percent of the gross income of the
restaurant and food sales make up more than 50 percent of the
gross income of the restaurant. + }
SECTION 5. { + Section 6 of this Act is added to and made a
part of ORS chapter 472. + }
SECTION 6. { + (1) Except as provided in subsection (3) of
this section, the Oregon Liquor Control Commission shall not
issue a dispenser's license if the premises to be licensed are
within 1,000 feet of a public or private elementary, vocational
or secondary school attended primarily by minors. The provisions
of this section do not apply to the renewal of a license.
(2) Subsection (1) of this section applies to restaurant
licenses, brewery-public house licenses and retail malt beverage
licenses.
(3) The commission may issue a dispenser's license even though
the premises to be licensed are within 1,000 feet of a public or
private elementary, vocational or secondary school attended
primarily by minors if the alcohol sales on the licensed premises
make up less than 25 percent of the gross income of the business
or organization and food sales make up more than 50 percent of
the gross income of the business or organization. + }
SECTION 7. 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. { + The Oregon Liquor Control Commission may not allow
a person under the age of 21 years to enter or attempt to enter
for purposes of employment 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 division 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.
SECTION 8. ORS 471.482 is amended to read:
471.482. (1) The holder of a restaurant license issued under
ORS 471.250 may employ persons 18, 19 and 20 years of age who may
take orders for, serve and sell alcoholic liquor in any part of
the licensed premises when that activity is incidental to the
serving of food except in those areas classified by the
{ + Oregon Liquor Control + } Commission as being prohibited to
the use of minors. However, no person who is 18, 19 or 20 years
of age shall be permitted to mix, pour or draw alcoholic liquor
except when pouring is done as a service to the patron at the
patron's table.
(2) The holder of a retail malt beverage license issued under
ORS 471.265 who operates a golf course may employ persons 18, 19
and 20 years of age who may take orders for, serve and sell wine
and malt beverages, but only in the clubhouse of the golf course
and not in any area classified by the commission as being
prohibited to the use of minors.
{ - (3) A person who is 18, 19 or 20 years of age may enter
areas classified by the commission as being prohibited to the use
of minors only for the purpose of ordering and picking up
alcoholic liquor for service in other parts of the premises.
However, the person shall not remain in the areas longer than is
necessary to perform those duties. - }
{ - (4) - } { + (3) + } For the purposes of this section,
'golf course ' does not include miniature golf courses or putting
courses.
SECTION 9. ORS 472.215 is amended to read:
472.215. { - (1) - } The holder of a dispenser's license
issued under ORS 472.110 and 472.205 may employ persons 18, 19
and 20 years of age who may take orders for, serve and sell
alcoholic liquor in any part of the licensed premises when that
activity is incidental to the serving of food except in those
areas classified by the { + Oregon Liquor Control + } Commission
as being prohibited to the use of minors. However, no person who
is 18, 19 or 20 years of age shall be permitted to mix, pour or
draw alcoholic liquor except when pouring is done as a service to
the patron at the patron's table or drawing is done in a portion
of the premises not prohibited to minors, in a premises with a
restaurant license or premises licensed under ORS 472.110 or
472.205.
{ - (2) A person who is 18, 19 or 20 years of age may enter
areas classified by the commission as being prohibited to the use
of minors only for the purpose of ordering and picking up
alcoholic liquor for service in other parts of the premises.
However, the person shall not remain in the areas longer than is
necessary to perform those duties. - }
{ - (3) The commission by rule may permit access to
prohibited areas by a minor for nonalcoholic liquor employment
purposes so long as the minor does not remain longer than
necessary to perform the duties. - }
SECTION 10. { + Sections 4 and 6 of this Act apply only to
licenses issued on or after the effective date of this Act.
Sections 4 and 6 of this Act do not apply to the renewal of any
license issued before the effective date of this Act. + }
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