Chapter 565 — Fairs and Exhibits

 

2013 EDITION

 

FAIRS AND EXHIBITS

 

AGRICULTURE

 

GENERAL PROVISIONS

 

565.010     Definitions

 

OREGON STATE FAIR

 

565.021     State Fair Advisory Committee

 

565.030     Advisory committee functions

 

565.040     Oregon State Fair established

 

565.050     State fair purposes; use of properties; duration

 

565.060     Rules

 

565.080     Management of fair property; powers and duties of director; rules; peace officers; state not liable for premiums

 

565.090     Location of state fair; acquisition of adjacent lands; repair of facilities

 

565.095     Issuance of revenue bonds; disposition of proceeds; security for bonds

 

565.103     Issuance of lottery bonds; principal amount; disposition; legislative findings; State Fair Capital Project Fund

 

565.107     Oregon State Fair Account; source; uses

 

565.109     Acceptance and disposition of gifts, grants and donations

 

565.114     Legislative findings

 

565.116     Cooperation with nonprofit, tax exempt organizations

 

565.120     Licenses to do business on state fairgrounds; disposition of proceeds

 

565.140     Buildings and facilities for 4-H Clubs and Future Farmers of America

 

565.160     Horse barn facilities on grounds of Oregon State Fair

 

565.170     Homemaking arts and crafts facility on grounds of Oregon State Fair

 

565.190     Financing county exhibits at state fair

 

COUNTY FAIRS AND SHOWS

 

565.210     County fairs; county fair board; members; appointment; term; bond or letter of credit

 

565.220     County fair board; organization; quorum; president and secretary

 

565.225     Removal of county fair board member

 

565.230     Management of county fairs; licenses; disposition of proceeds; donations of real property; agreements for limitation of liability

 

565.240     Rules and regulations; peace officers; appointment and powers

 

565.260     Fair board or agricultural society existing prior to June 4, 1913

 

565.265     Abolishment of county fair board

 

565.268     Agreements for fair association to exercise powers of county fair board

 

565.271     Initiation of proceedings for replacement of county fair board by fair district

 

565.275     Fair district; powers; district board

 

565.310     County fair not held; disposition of funds

 

565.315     Handling and disbursing of moneys in connection with county fairs; financial statement

 

565.325     County fair fund; purpose; source of moneys

 

565.445     County Fair Account

 

565.446     Legislative findings

 

565.447     Lottery proceeds allocation to County Fair Account

 

STATE FAIR COUNCIL; FAIRGROUND OPERATIONS, PROPERTIES AND FACILITIES

 

565.451     Definitions for ORS 565.451 to 565.575

 

565.456     State Fair Council; mission and purposes of council

 

565.460     Council members and employees

 

565.470     State fair director; status of council, director and employees; services used by council

 

565.480     Director powers and duties

 

565.495     Acquisition or disposal of real property or facilities; care, custody and control; expenditure of appropriated moneys

 

565.515     Businesses that may be licensed; when other license may be required

 

565.521     Conducting of Oregon State Fair; fairground business operations, buildings and facilities

 

565.539     Council finances

 

565.545     Profit and loss reports; triggering of appraisal

 

565.555     Budget; audits; activities reporting

 

565.565     Unauthorized entry to fairgrounds; penalty

 

565.575     Oregon State Fair location; use of fairground buildings and facilities

 

565.580     Armory on state fairgrounds

 

REGULATIONS AND LAW ENFORCEMENT AT FAIRS GENERALLY

 

565.610     Conducting business on or near grounds of fair or society

 

565.620     Admission to grounds of fair or society except through special gates prohibited

 

565.630     Regulation of public events; penalty

 

565.640     Peace officers; authority; power of arrest

 

565.650     Justices of the peace given jurisdiction

 

MISCELLANEOUS

 

565.875     Conducting of or participation in rodeos

 

PENALTIES

 

565.990     Penalties

 

GENERAL PROVISIONS

 

      565.010 Definitions. As used in this chapter, unless the context requires otherwise:

      (1) “Board” means county fair board.

      (2) “County court” includes board of county commissioners.

      (3) “County fair” means an exhibition held for the purposes of disseminating knowledge concerning, and encouraging the growth and prosperity of, all agricultural, stock raising, horticultural, mining, mechanical, artistic and industrial pursuits in a county, including the racing of animals and vehicles.

      (4) “County fairgrounds” means the ground and all other property owned, leased, used or controlled by a county and devoted to the use of a county fair. [Amended by 1969 c.239 §1; 1977 c.55 §11; 1997 c.435 §1; 2005 c.777 §21]

 

      565.015 [1977 c.55 §13; repealed by 2005 c.777 §48]

 

      565.020 [Amended by 1967 c.135 §2; 1969 c.314 §65; 1971 c.542 §3; 1973 c.792 §25; 1977 c.55 §14; 1981 c.545 §13; 2001 c.24 §1; repealed by 2005 c.777 §48]

 

OREGON STATE FAIR

 

      565.021 State Fair Advisory Committee. (1) The State Parks and Recreation Director shall appoint a State Fair Advisory Committee to provide advice and assistance to the director on matters regarding the operation of the Oregon State Fair.

      (2) The advisory committee shall consist of seven members appointed by the director for four-year terms. The director shall appoint:

      (a) A resident from each congressional district of Oregon. The director shall seek to ensure that those persons reflect a broad-based representation of the industrial, educational and cultural interests active in state fair activities, such as agricultural, stock raising, horticultural, mining, mechanical, artistic and industrial pursuits.

      (b) Two persons to represent county fair interests.

      (3) The members of the advisory committee serve at the pleasure of the director. The director may fill a vacancy on the advisory committee by appointing a person to fill the unexpired term.

      (4) Each member of the advisory committee is entitled to compensation and reimbursement of expenses, as provided in ORS 292.495, from moneys appropriated to the State Parks and Recreation Department for that purpose.

      (5) The advisory committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers necessary for the performance of the functions of those offices as the advisory committee determines appropriate.

      (6) The advisory committee shall meet at the call of the director. [2005 c.777 §12; 2013 c.722 §9]

 

      Note: Section 26, chapter 492, Oregon Laws 2013, provides:

      Sec. 26. (1) The State Fair Advisory Committee is abolished. On the operative date specified in section 27 of this 2013 Act [January 1, 2014], the tenure of office of the members of the State Fair Advisory Committee ceases.

      (2) The State Parks and Recreation Director shall deliver to the chairperson of the State Fair Council all records and property within the jurisdiction of the director that relate to the duties and functions of the State Fair Advisory Committee. [2013 c.492 §26]

 

      Note: 565.021 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013. But see also preceding note.

Note: 565.021 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 565 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      565.030 Advisory committee functions. The State Fair Advisory Committee shall provide advice and assistance to the State Parks and Recreation Director on matters regarding the operation of the Oregon State Fair and shall solicit and encourage support throughout the state to improve the quality of and participation in the fair to achieve the purposes and objectives of ORS 565.050. [Amended by 1977 c.55 §16; 1979 c.357 §1; 1999 c.342 §1; 2005 c.777 §22]

 

      Note: 565.030 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.040 Oregon State Fair established. There is established a state institution to be designated and known as the Oregon State Fair, which shall be administered and operated by the State Parks and Recreation Department. [Amended by 2005 c.777 §23]

Note: 565.040 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.050 State fair purposes; use of properties; duration. The objects and purposes of the Oregon State Fair are to disseminate knowledge concerning, and to encourage the growth and prosperity of all agricultural, stock raising, horticultural, mining, mechanical, artistic and industrial pursuits in this state. To this end the State Parks and Recreation Director shall operate the business and properties of the Oregon State Fair as a year-round fair and exposition center, display historical objects and do all things necessary or expedient for the full utilization of the properties and facilities of the fair. The director shall conduct an annual state fair for a period of not more than 17 days’ duration beginning and ending on such dates as the director considers appropriate. [Amended by 1955 c.146 §1; 1973 c.537 §1; 1977 c.55 §17; 1985 c.675 §5; 2005 c.777 §24]

 

      Note: 565.050 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.060 Rules. In accordance with any applicable provision of ORS chapter 183, the State Parks and Recreation Commission may adopt rules to carry out the provisions of this chapter. [Amended by 1977 c.55 §18; 2005 c.777 §25]

 

      Note: 565.060 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.070 [Amended by 1977 c.55 §19; 1991 c.331 §83; 1997 c.631 §496; repealed by 2005 c.777 §48]

 

      565.071 [2005 c.730 §8; repealed by 2009 c.542 §2]

 

      565.080 Management of fair property; powers and duties of director; rules; peace officers; state not liable for premiums. (1) The State Parks and Recreation Director shall have care of the Oregon State Fair property and be entrusted with the direction of its business and financial affairs. The director shall prepare, adopt, publish and enforce all necessary rules for the management of the Oregon State Fair, its meetings and exhibitions and for the guidance of its officers or employees.

      (2) The director may appoint all necessary marshals to keep order on the grounds and in the buildings of the Oregon State Fair during all exhibitions. The marshals so appointed shall be vested with the same authority for such purposes as executive peace officers are vested by law.

      (3) The director shall establish charges for entrance fees, gate money, lease stalls, stands, parking space, buildings, restaurant sites; conduct shows, exhibitions, races and all manner of business notwithstanding the provisions of ORS 227.286 and do all other things the director considers proper in the operation of a year-round fair and exposition center and the annual state fair. The state is in no event liable for any premium awarded or debt created by the director beyond the amount annually appropriated therefor.

      (4) The director may enter into sponsorship agreements for the receipt of moneys, services, products or other items of value. A sponsorship agreement entered into under this subsection is not subject to ORS 279.835 to 279.855 or ORS chapter 279A or 279B. [Amended by 1973 c.537 §2; 1977 c.55 §20; 1999 c.89 §1; 2003 c.794 §299; 2005 c.777 §§26,27]

Note: 565.080 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.090 Location of state fair; acquisition of adjacent lands; repair of facilities. (1) The Oregon State Fair shall be permanently located on the present grounds now owned by the state and heretofore devoted to Oregon State Fair purposes, located in the City of Salem, in Marion County. Those grounds and such additional lands as may hereafter be obtained by the State Parks and Recreation Department for the purposes of the Oregon State Fair are dedicated for the use of the Oregon State Fair and for other departmental programs.

      (2) The department may obtain by donation, exchange or purchase such lands adjacent to the present grounds, including improvements thereon, as it may deem necessary and advisable to facilitate the use of such grounds and may construct, remodel and repair buildings and facilities deemed by it necessary in the operation of the Oregon State Fair and for other departmental programs. [Amended by 1973 c.537 §3; 1977 c.55 §21; 2005 c.777 §28]

 

      Note: 565.090 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.095 Issuance of revenue bonds; disposition of proceeds; security for bonds. (1) In accordance with any applicable provisions of ORS chapter 286A, the State Parks and Recreation Director, with the approval of the State Parks and Recreation Commission, may request the State Treasurer to issue revenue bonds in an amount not to exceed $10 million.

      (2) Moneys received from the issuance of revenue bonds may be expended for land acquisition, capital construction and improvements and for paying current operating and other expenses of the Oregon State Fair.

      (3) Revenue bonds issued pursuant to this section shall be secured by revenues received by the director from activities conducted at the Oregon State Fair, and shall not be a general obligation of the State Parks and Recreation Department or the State of Oregon. [1985 c.675 §2; 1991 c.703 §49; 2005 c.777 §29; 2007 c.783 §221]

 

      Note: 565.095 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.100 [Amended by 1977 c.55 §22; 1979 c.602 §4; 1983 c.72 §4; repealed by 1985 c.675 §4]

 

      565.102 [1983 c.72 §3; repealed by 1985 c.675 §4]

 

      565.103 Issuance of lottery bonds; principal amount; disposition; legislative findings; State Fair Capital Project Fund. (1) Pursuant to ORS 286A.560 to 286A.585, lottery bonds may be issued to fund projects for the improvement, restoration, upgrading and preservation of systems, facilities and equipment of the Oregon State Fair.

      (2) The use of lottery bond proceeds is authorized based on the following findings:

      (a) The activities of the Oregon State Fair promote Oregon’s agricultural industry and its products;

      (b) The promotion of agricultural products expands markets, which in turn creates jobs and stimulates economic development of the industry; and

      (c) The Oregon State Fair draws patrons from throughout the region and creates jobs and substantial economic activity for the Salem and Keizer areas.

      (3) The aggregate principal amount of lottery bonds issued pursuant to this section may not exceed the sum of $20,167,661 and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. Lottery bonds issued pursuant to this section shall be issued only at the request of the State Parks and Recreation Director.

      (4) The net proceeds of lottery bonds issued pursuant to this section shall be deposited in the State Fair Capital Project Fund, which is hereby established in the State Treasury separate and distinct from the General Fund.

      (5) The proceeds of lottery bonds issued pursuant to this section shall be used only for the purposes set forth in subsection (1) of this section and for bond-related costs. [1999 c.702 §5; 2001 c.942 §12; 2005 c.777 §30]

 

      Note: 565.103 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      Note: 565.103 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 565 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      565.105 [1975 c.550 §9b; repealed by 1977 c.281 §2 and 1977 c.855 §20]

 

      565.106 [1977 c.55 §24; 1981 c.106 §5; repealed by 1985 c.675 §4]

 

      565.107 Oregon State Fair Account; source; uses. (1) The Oregon State Fair Account is established as a separate account within the State Parks and Recreation Department Fund. Interest earned on moneys in the account shall be credited to the account. The account shall consist of:

      (a) Proceeds from the sale of revenue bonds authorized to be issued by ORS 565.095.

      (b) Moneys received by the State Parks and Recreation Director from activities conducted at the Oregon State Fair.

      (c) Moneys received by the director by appropriation, gift, grant or other donation from any source or otherwise paid to the director pursuant to law. Moneys received as a result of a gift, grant or donation shall be separately accounted for within the account and shall be available only for the purpose specified in the gift, grant or donation or, if no purpose is specified, for any purpose that the State Parks and Recreation Commission determines is consistent with the intent of the donor or grantor.

      (2) Interest earned on moneys held for debt service payments and rebates and interest earned on the proceeds from the sale of revenue bonds pursuant to ORS 565.095 shall be separately accounted for within the account and shall be available only for the purpose of retiring bond indebtedness.

      (3) Interest earned on moneys received by the director as a result of a gift, grant or donation shall be separately accounted for within the account and shall be available only for the purpose specified in the gift, grant or donation or, if no purpose is specified, for any purpose that the commission determines is consistent with the intent of the donor or grantor.

      (4) Moneys in the account established by subsection (1) of this section are appropriated continuously to the State Parks and Recreation Department. Subject to subsection (2) of this section, the department may use the account moneys for:

      (a) The payment of operating and other expenses of the Oregon State Fair.

      (b) Land acquisition, capital construction and capital improvements at the Oregon State Fair.

      (c) The payment of principal and interest on all revenue bonds issued pursuant to ORS 565.095.

      (d) Any purpose designated by the donor or grantor of a gift, grant or donation, or for any other purpose that the commission determines is consistent with the intent of the donor or grantor. [1985 c.675 §3; 1987 c.659 §1; 1989 c.966 §62; 1999 c.343 §3; 2005 c.777 §31; 2007 c.315 §1]

 

      Note: 565.107 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.109 Acceptance and disposition of gifts, grants and donations. The State Parks and Recreation Director may accept gifts, grants and donations of moneys, property or any other valuable thing on behalf of the Oregon State Fair. Unless use of moneys, property or valuable things received under this section is limited by the donor or grantor, the moneys, property or valuable thing may be used in any manner that the State Parks and Recreation Commission determines to be consistent with the intent of the donor or grantor. [1999 c.343 §1; 2005 c.777 §32]

 

      Note: 565.109 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      Note: 565.109 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 565 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      565.110 [Amended by 1965 c.342 §1; 1973 c.74 §1; 1977 c.55 §25; repealed by 1985 c.675 §4]

 

      565.112 [1987 c.659 §3; repealed by 2005 c.777 §48]

 

      565.114 Legislative findings. The Legislative Assembly finds and declares that:

      (1) The successful solicitation of gifts, grants and donations for the benefit of the Oregon State Fair allows the operation, improvement and maintenance of facilities or programs enjoyed by the public. The receipt of gifts, grants and donations for the benefit of the Oregon State Fair reduces the amount of public moneys that must be spent for the operation, improvement and maintenance of facilities or programs.

      (2) The successful solicitation of gifts, grants and donations by a nonprofit, tax exempt organization for the benefit of the Oregon State Fair minimizes the cost to the state of obtaining those gifts, grants and donations. Cooperation between the State Parks and Recreation Department and such an organization, including the provision of tickets and other promotional items, facilities, supplies, staff and services by the department for use by such an organization in connection with fund raising efforts, serves a public purpose by increasing the ability of the organization to successfully solicit gifts, grants and donations for the benefit of the Oregon State Fair. [2003 c.750 §1; 2005 c.777 §33]

 

      Note: 565.114 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      Note: 565.114 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 565 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      565.116 Cooperation with nonprofit, tax exempt organizations. (1) The State Parks and Recreation Director may cooperate with any nonprofit, tax exempt organization designated by the director as an appropriate organization to solicit gifts, grants and donations for the benefit of the Oregon State Fair.

      (2) The director may advise and receive advice from an organization described in subsection (1) of this section. The director may, if allowed by the charter and bylaws of the organization, serve as a regular or nonvoting board member of the organization. The director may not chair the board of directors, vote for or appoint other board members, control the financial affairs of the organization or oversee the day-to-day operation of the organization.

      (3) The director may provide tickets, promotional items and facilities to the organization without charge for use in increasing the ability of the organization to successfully solicit gifts, grants and donations for the benefit of the Oregon State Fair.

      (4) The director may provide supplies, staff and services to the organization at cost for use in increasing the ability of the organization to successfully solicit gifts, grants and donations for the benefit of the Oregon State Fair.

      (5) The director shall submit an annual accounting report to an appropriate committee of the Legislative Assembly designated by the Speaker of the House of Representatives and the President of the Senate. The report must contain a detailed description of all tickets, promotional items, facilities, supplies, staff and services provided under subsections (3) and (4) of this section, the specific disposition or application thereof made by the organization and any resulting benefit to the Oregon State Fair.

      (6) The director may enter into an agreement for the donation to the Oregon State Fair of goods, services and public improvements by a nonprofit, tax exempt organization. [2003 c.750 §2; 2005 c.777 §34]

 

      Note: 565.116 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      Note: 565.116 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 565 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      565.120 Licenses to do business on state fairgrounds; disposition of proceeds. The State Parks and Recreation Director is authorized to issue a license permitting the holder of the license to conduct any business therein named upon the grounds of the Oregon State Fair. Issuance of licenses shall be in accordance with the competitive bidding requirements of ORS 279.835 to 279.855 and ORS chapters 279A and 279B for the awarding of public contracts, to the extent those procedures are practicable. The funds arising therefrom shall become a part of the Oregon State Fair Account. [Amended by 1973 c.537 §4; 1977 c.55 §26; 1985 c.675 §6; 2003 c.794 §300; 2005 c.777 §§35,36]

 

      Note: 565.120 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.130 [Amended by 1973 c.537 §5; 1977 c.55 §27; 2005 c.777 §37; 2013 c.492 §14; renumbered 565.515 in 2013]

 

      565.140 Buildings and facilities for 4-H Clubs and Future Farmers of America. The buildings and facilities therein that are planned, constructed, altered, furnished and equipped by the State Parks and Recreation Department at the state fairgrounds, as authorized by chapter 442, Oregon Laws 1957, shall be used primarily for the housing and dining of members of 4-H Clubs and of Future Farmers of America and for exhibit and contest space for nonlivestock exhibits of both groups. These buildings and facilities therein shall be available for other groups only at times other than during the state fair and as authorized by the department. [1957 c.442 §1; 1959 c.52 §1; 1985 c.565 §84; 2005 c.777 §38]

 

      Note: 565.140 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.142 [1957 c.442 §2; repealed by 1977 c.855 §20]

 

      565.150 [1959 c.615 §§1,2; 2005 c.777 §39; 2013 c.492 §15; renumbered 565.580 in 2013]

 

      565.160 Horse barn facilities on grounds of Oregon State Fair. (1) The State Parks and Recreation Department shall plan, construct, alter, furnish and equip horse barn facilities at the Oregon State Fair suitable for stabling horses. These facilities shall also include rest rooms suitable for public use. The department shall also plan, construct, alter, furnish and equip storm sewers on the grounds of the Oregon State Fair.

      (2) Notwithstanding any other provision of law pertaining to sale of public property, the State Treasurer, with the approval of the investing agency, may sell any site or facility described in subsection (1) of this section or interest therein so acquired by offer for sale by sealed bid. However:

      (a) Any or all bids may be rejected.

      (b) The state has first option to purchase at the highest bid accepted. [1961 c.634 §§1,6,7; 1973 c.537 §6; 1985 c.731 §29; 2005 c.777 §40]

 

      Note: 565.160 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.170 Homemaking arts and crafts facility on grounds of Oregon State Fair. The State Parks and Recreation Department shall plan, construct, alter, furnish and equip on the grounds of the Oregon State Fair a facility suitable for housing exhibits and providing contest space for the homemaking arts and crafts. [1963 c.613 §1; 2005 c.777 §41]

 

      Note: 565.170 is repealed on the earlier of December 31, 2015, or the date established in a fairground operating agreement described in 565.495 (1) between the State Fair Council and the Oregon Department of Administrative Services. See section 34, chapter 492, Oregon Laws 2013.

 

      565.180 [1963 c.613 §§2,3; 1965 c.56 §3; repealed by 1975 c.75 §5]

 

      565.190 Financing county exhibits at state fair. A county court is authorized to appropriate out of the general fund of the county not otherwise appropriated money for the purpose of sponsoring a county exhibit at the annual state fair. This section shall not be deemed to limit the authority of a county which has adopted a charter under section 10, Article VI, Oregon Constitution. [1973 c.537 §7]

 

COUNTY FAIRS AND SHOWS

 

      565.210 County fairs; county fair board; members; appointment; term; bond or letter of credit. (1) Any county may hold county and industrial fairs, but only one county fair shall be held in each county.

      (2) Except as provided in ORS 565.265, in counties holding county fairs, the county court of such county shall appoint a board consisting of not less than three nor more than seven members, to be known as the county fair board. Members of the county fair board must be residents of the county, except that the county court may elect to appoint not more than one board member who is a resident of an adjoining county. When the first members of the board are appointed under this section, one member shall be appointed for a term to expire the January next following appointment, one for a term to expire one year from the January next following appointment, and one for a term to expire two years from the January next following appointment. In addition to the three members, the county court may, at any time, appoint not more than four additional members, the fourth and sixth members to be appointed for a term to expire one year from the January next following appointment and the fifth and seventh members, if any, for a term to expire two years from the January next following appointment. Annually thereafter, at the first meeting in January, upon the expiration of the term of a member, a successor shall be appointed to serve for three years.

      (3) The court shall require each member of the board to furnish a good and sufficient bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in favor of the county, conditioned upon the faithful performance of the duties of the office. The bond or letter of credit for each member shall be in a sum equal to $10,000 or 20 percent of the total revenues received by the fair in the last fiscal year ending prior to the appointment of such member, whichever is the lesser amount. The bond or letter of credit when approved by the county court shall be filed with the county clerk. The premium on the bond or the fee for the letter of credit shall be paid for by the county fair board as an expense of the board.

      (4) No more than one member of the county court may serve as a member of the county fair board.

      (5) A member of a county fair board appointed under this section may be removed from office for cause as provided in ORS 565.225. [Amended by 1957 c.118 §1; 1961 c.684 §1; 1981 c.134 §1; 1985 c.716 §1; 1991 c.331 §84; 1995 c.710 §1; 1997 c.435 §2; 1997 c.631 §497; 1999 c.59 §178; 1999 c.681 §7; 2007 c.421 §1]

 

      565.220 County fair board; organization; quorum; president and secretary. (1) The members of a county fair board shall, as soon as their bonds have been filed and approved, meet and organize by electing a president and selecting a secretary.

      (2) A majority of the members of the board shall constitute a quorum for the transaction of all business at meetings. In the absence of the president another member of the board shall perform the duties of the president.

      (3) The secretary provided for in subsection (1) of this section is not required to be a member of the board. The secretary shall execute a bond or furnish an irrevocable letter of credit, as required of board members by ORS 565.210. [Amended by 1953 c.675 §12; 1961 c.684 §2; 1965 c.513 §2; 1967 c.275 §2; 1991 c.331 §85]

 

      565.225 Removal of county fair board member. A member of a county fair board appointed under ORS 565.210 may be removed by the county court for inefficiency, neglect of duty, misconduct in office, incompetence, incompatibility, dereliction of duty or other good cause, as those terms may be defined by county ordinance. A member of the fair board shall not be removed by the county court until after the member receives a copy of a statement containing the cause for removal and a hearing on the removal is held. The statement shall be given to the member at least 10 days prior to the hearing, at which the member must have an opportunity to be heard in person or by counsel. When the county court removes a member of the fair board, a record of the proceedings, together with the cause for removal and findings thereon, shall be filed in the office of the county clerk. [1999 c.681 §2]

 

      565.230 Management of county fairs; licenses; disposition of proceeds; donations of real property; agreements for limitation of liability. (1) The county fair board has the exclusive management of the ground and all other property owned, leased, used or controlled by the county and devoted to the use of the county fair, and is entrusted and charged with the entire business management and financial and other affairs of such fair.

      (2) In order that the fairgrounds and buildings may be utilized to the fullest extent for pleasure, recreation and public benefit, the board shall at all times have the authority to provide park facilities for the public or to issue licenses and grant permits for the holding of any exhibitions, shows, carnivals, circuses, dances, entertainments or public gatherings upon the fairgrounds. During the progress of county agricultural or industrial fairs and not otherwise, any such businesses so licensed by the board shall not be required to pay license to any city or county other than to the board as provided in this section. The board shall fix the sum to be paid for such permits and licenses, which shall be issued and signed by the president and secretary of the board. The moneys received from the issuance of such permits and licenses shall be deposited to the credit of the fair fund and warrants drawn against it the same as upon the disbursement of any other fair funds.

      (3) Donations of real property for the use of the county fair shall be made by an instrument that may be accepted for recording by a county clerk. An instrument of donation shall be recorded in the records of the county clerk where deeds are located. The donated property shall be used in compliance with the express intentions and purposes set forth in the instrument of donation.

      (4) A county court may conclude that an agreement is needed to protect the county and the county court from liability relating to personnel or contractual matters. If the county court asks the county fair board to begin negotiations for an agreement, the county fair board and the county court must enter into an agreement concerning the rules, policies and procedures to be used in the conduct of fair activities for the purpose of limiting the liability of the county for personnel and contractual matters. However, if a county court determines that an agreement is unnecessary or that an existing agreement provides sufficient protection from liability, then an agreement under this subsection is not required. [Amended by 1953 c.675 §12; 1969 c.239 §4; 1969 c.693 §1; 1999 c.681 §8]

 

      565.240 Rules and regulations; peace officers; appointment and powers. The board may make and enforce all rules and regulations necessary for the proper conduct and management of their respective fairs. It may appoint such marshals or police as may be necessary to keep order and preserve the peace during the time and at the place of holding the fairs and at all other times when the board deems such appointments necessary for the preservation of the peace and the protection of public and private property upon the fairgrounds. The officers so appointed have the same authority for the preservation of order and making arrests upon the grounds as would a deputy sheriff.

 

      565.250 [Repealed by 1981 c.134 §4]

 

      565.260 Fair board or agricultural society existing prior to June 4, 1913. If there existed on June 4, 1913, a county fair board, or an agricultural society in any county holding a county fair within the county, the board shall be considered the county fair board of the county by the provisions of ORS 565.210 to 565.310, and shall be governed under the rules and bylaws already in force of the association, provided there is only one county fair held in each county. [Amended by 2005 c.22 §384]

 

      565.265 Abolishment of county fair board. (1) As provided in this section and ORS 565.268 and 565.271, a county court may abolish the county fair board appointed under ORS 565.210.

      (2) A county court may initiate proceedings to abolish the county fair board by issuing an order creating a county fair advisory committee with six members who shall all be residents of the county. Upon issuance of the order under this subsection, the county court shall appoint three members to the advisory committee and the county fair board shall appoint three members. The advisory committee shall consider the relevant issues and make recommendations concerning the abolition of the county fair board and, if abolition is recommended, the future operation of the county fair by either a fair association or a fair district. If a majority of the advisory committee agrees that abolishing the county fair board is in the best interests of the residents of the county, the advisory committee shall recommend abolition of the county fair board. If the advisory committee recommends abolition of the county fair board, the county court and the county fair board may meet to consult and negotiate concerning the future operation of the county fair and fairgrounds. If the county court and the county fair board agree that it is in the best interests of the residents of the county to have a fair association or fair district replace the county fair board, the county court may adopt a resolution that expresses the intention of the county court to abolish the county fair board, sets forth the reasons for the intended action, states that either a fair association or a fair district will replace the county fair board and declares that the abolition of the county fair board is in the best interests of the residents of the county.

      (3) A resolution adopted by a county court under subsection (2) of this section must be accompanied by a resolution adopted by the county fair board that acknowledges the proposed action of the county court and declares that abolition of the county fair board is in the best interests of the residents of the county. The resolution adopted by a county fair board under this subsection must be adopted at a regular public meeting of the county fair board and filed with the county court.

      (4) After adoption of the resolutions described in subsections (2) and (3) of this section, the county court shall conduct a public hearing concerning the abolition of the county fair board at which testimony of interested persons and other evidence shall be received.

      (5) Notice of the public hearing required by subsection (4) of this section shall be published twice in at least two newspapers of general circulation in the county. The first notice shall be published between the 90th day and the 60th day before the hearing. The second notice shall be published between the 30th day and the 20th day before the hearing.

      (6) After the public hearing required by subsection (4) of this section, the county court shall consider the testimony given and the other evidence received at the hearing. If the county court determines that abolishing the county fair board is in the best interests of the residents of the county, the county court shall issue an order abolishing the county fair board and authorizing either the creation of a fair district or an agreement with a fair association for the purpose of managing and operating the county fair. The abolition of the county fair board shall be effective on the date specified in the order. [1999 c.681 §3; 2003 c.101 §1]

 

      565.268 Agreements for fair association to exercise powers of county fair board. (1) As used in this section, a “fair association” means a corporation incorporated under ORS chapter 65 that has a board of directors with at least three members and that is authorized by its articles of incorporation to exercise the powers and perform the functions exercised and performed by a county fair board under ORS 565.210 to 565.310.

      (2) If the order issued by a county court under ORS 565.265 authorizes an agreement with a fair association, the county court, before the abolition of the county fair board, shall enter into an agreement with a fair association for the management and operation of the county fair. Except as otherwise provided in the agreement, a fair association may exercise all of the powers and authority granted to a county fair board under ORS 565.210 to 565.310.

      (3) An agreement between a county court and a fair association under this section may not provide for the conveyance or other transfer of public property to the fair association unless the public property is transferred as allowed by the laws of this state. [1999 c.681 §4]

 

      565.270 [Repealed by 1959 c.579 §1]

 

      565.271 Initiation of proceedings for replacement of county fair board by fair district. If the order issued by a county court under ORS 565.265 authorizes the formation of a fair district to replace the county fair board, the county court, before the abolition of the county fair board, shall initiate the formation of the fair district by order as provided in ORS 198.835. After initiation of formation proceedings as provided in this section, a fair district may be created as provided in ORS 198.705 to 198.955 and 565.275. [1999 c.681 §5]

 

      565.275 Fair district; powers; district board. (1) A fair district may:

      (a) Have and use a common seal.

      (b) Sue and be sued in its name.

      (c) Make and accept any and all contracts, deeds, leases, releases and documents of any kind that, in the judgment of the district board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims or demands.

      (d) Assess, levy and collect taxes to pay the cost of acquiring sites for the county fair and constructing, reconstructing, altering, operating and maintaining the ground and all other property devoted to the use of the county fair, the expenses incurred in the business management and financial and other affairs of the county fair and any lawful claims against the district.

      (e) Employ all necessary agents and assistants.

      (f) Call elections after the formation of the district.

      (g) Generally do any acts necessary and proper to the complete exercise and effect of any of its powers or the purposes for which it was formed.

      (2) The officers of the district shall be a board of five members elected by the electors of the district. The district board shall be the governing body of the district and shall exercise all powers of the district.

      (3) Five district board members shall be elected at the election for district formation. If the effective date of the formation of the district occurs in an odd-numbered year, two district board members shall be elected for four-year terms and the other three district board members shall be elected for two-year terms. If the effective date of the formation occurs in an even-numbered year, two district board members shall be elected for three-year terms and the other three district board members shall be elected for one-year terms. The district board members shall be elected at large by position number. Each district board member shall hold office until election and qualification of a successor.

      (4) ORS chapter 255 governs the nomination and election of district board members and the conduct of district elections.

      (5) The district board in each year shall determine and fix the amount of money to be levied and raised by taxation for the purposes of the district.

      (6) A county may convey or otherwise transfer public property to a fair district as provided by law. [1999 c.681 §6; 2001 c.104 §231; 2003 c.802 §143]

 

      565.280 [Amended by 1959 c.579 §2; 1963 c.495 §5; 1969 c.298 §15; 1981 c.134 §2; 1991 c.459 §434; repealed by 1993 c.682 §13]

 

      565.290 [Amended by 1959 c.579 §3; 1963 c.495 §6; repealed by 1993 c.682 §13]

 

      565.300 [Repealed by 1963 c.495 §9]

 

      565.310 County fair not held; disposition of funds. Should a board decide not to hold a county fair, the county court may in its discretion expend such funds, or any portion thereof, for paying premiums upon exhibits of livestock, agricultural and horticultural products at any fair, land products show or livestock exposition held in this state. Any or all of such funds not so used shall be held by the county treasurer in a reserve fund to be available for use by the county fair board in subsequent years.

 

      565.315 Handling and disbursing of moneys in connection with county fairs; financial statement. (1) Notwithstanding any other provision of law relating to the disbursement of county fair moneys from the county treasury, in order to pay promptly prize moneys, premiums, wages, necessary costs of repairs and other claims requiring prompt payment in connection with any county fair, the county fair board, at any time, may draw warrants for such amounts as it deems necessary to make such payments, payable to the county fair board, upon funds in the county treasury available for the purpose of making such payments. Such warrants shall be drawn by the board and signed by the president and secretary thereof.

      (2) The board shall place any moneys drawn from the county treasury under subsection (1) of this section in an insured institution as defined in ORS 706.008, and may withdraw such moneys for the purpose of making the payments referred to in subsection (1) of this section by checks signed by the president and secretary of the board. All moneys in such checking account not expended during the year such moneys were drawn from the county treasury and placed therein shall be available for use by the board in subsequent years for the purpose of making the payments referred to in subsection (1) of this section.

      (3) The board shall keep and make available to the county clerk and county treasurer a complete list of all warrants drawn and deposited in the checking account and all checks drawn against such checking account under this section.

      (4) The board shall, once each year, file with the county clerk a complete financial statement showing all funds received and disbursed. There may be included in the report such suggestions and recommendations as in its opinion would make for the improvement and advancement of agricultural and related industries of the fair. [1955 c.665 §1; 1981 c.134 §3; 1983 c.327 §8; 1997 c.631 §498]

 

      565.320 [Repealed by 1955 c.209 §1]

 

      565.325 County fair fund; purpose; source of moneys. (1) Each county that holds a county fair shall establish and maintain a fair fund. The fair fund may be expended only for the promotion and operation of the county fair and to provide, maintain and improve county fairgrounds, buildings, facilities and improvements on the county fairgrounds for the county fair and other events authorized by the county fair board.

      (2) All moneys received from activities conducted at the county fair or at the county fairgrounds or facilities, and all moneys received by a county fair as the licensee for pari-mutuel wagering on races conducted at or on behalf of the fair shall be deposited in the county fair fund. [1985 c.716 §3; 1997 c.435 §3]

 

      565.330 [Amended by 1955 c.209 §2; 1963 c.9 §33; 1983 c.646 §1; 1991 c.459 §435; repealed by 2013 c.33 §1]

 

      565.340 [Repealed by 1953 c.675 §12]

 

      565.350 [Repealed by 1953 c.675 §12]

 

      565.360 [Repealed by 1953 c.675 §12]

 

      565.370 [Repealed by 1953 c.675 §12]

 

      565.380 [Repealed by 1953 c.675 §12]

 

      565.390 [Repealed by 1953 c.675 §12]

 

      565.400 [Repealed by 1953 c.675 §12]

 

      565.405 [1969 c.298 §2; repealed by 2013 c.722 §8]

 

      565.410 [1969 c.298 §3; repealed by 2013 c.722 §8]

 

      565.415 [1969 c.298 §5; 1979 c. 844 §1; repealed by 2013 c.722 §8]

 

      565.420 [1969 c.298 §6; repealed by 2013 c.722 §8]

 

      565.423 [2001 c.916 §10; 2003 c.14 §351; repealed by 2005 c.777 §48]

 

      565.425 [1969 c.298 §7; repealed by 2001 c.916 §6]

 

      565.430 [1969 c.298 §8; 1993 c.18 §129; repealed by 2001 c.916 §6]

 

      565.435 [1969 c.298 §9; repealed by 2013 c.722 §8]

 

      565.440 [1969 c.298 §10; repealed by 2013 c.722 §8]

 

      565.442 [2001 c.916 §3; 2003 c.517 §4; 2003 c.794 §301; repealed by 2013 c.722 §8]

 

      565.443 [2001 c.916 §2; repealed by 2013 c.722 §8]

 

      565.445 County Fair Account. (1) The County Fair Account is established separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Department of Administrative Services.

      (2) The account shall consist of moneys allocated under ORS 565.447.

      (3) On the first business day of each calendar year the Oregon Department of Administrative Services shall disburse the moneys in the County Fair Account to the county fair boards in equal shares. [1969 c.298 §11; 1971 c.595 §1; 1979 c.844 §2; 1989 c.463 §1; 2001 c.916 §4; 2003 c.517 §3; 2013 c.722 §10]

 

      565.446 Legislative findings. The Legislative Assembly finds and declares that financial support of county fairs will result in economic development for areas where fairgrounds are located by promoting, expanding or preventing the decline of businesses and that the use of the net proceeds from the operation of the Oregon State Lottery to fund county fairs is an appropriate use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.540. [2001 c.811 §1]

 

      Note: 565.446 and 565.447 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 565 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      565.447 Lottery proceeds allocation to County Fair Account. (1) Subject only to the availability of unobligated net lottery proceeds, there is allocated from the Administrative Services Economic Development Fund to the County Fair Account created under ORS 565.445 an amount equal to one percent of the net proceeds from the Oregon State Lottery, but not to exceed $1.53 million annually, adjusted biennially pursuant to the change in the Consumer Price Index, as defined in ORS 327.006, between January 1, 2001, and January 1 immediately preceding commencement of the biennium.

      (2) The allocation of moneys from the Administrative Services Economic Development Fund under this section is subject to the requirements in section 4, Article XV of the Oregon Constitution, for deposit of specified amounts of the net proceeds from the Oregon State Lottery into the Education Stability Fund and into the Parks and Natural Resources Fund and shall be made only after satisfaction or payment of:

      (a) Amounts allocated to Westside lottery bonds issued under ORS 391.140 or to the reserves or any refunding related to the Westside lottery bonds in accordance with the priority for allocation and disbursement established by ORS 391.130;

      (b) All liens, pledges or other obligations relating to lottery bonds or refunding lottery bonds due or payable during the year for which an allocation is to be made; and

      (c) Amounts required by any other pledges of, or liens on, net proceeds from the Oregon State Lottery. [2001 c.811 §2; 2002 s.s.2 c.4 §3; 2002 s.s.3 c.6 §19; 2003 c.14 §351a]

 

      Note: See note under 565.446.

 

      565.449 [2001 c.811 §3; 2001 c.916 §8; repealed by 2013 c.722 §8]

 

      565.450 [1971 c.595 §3; 2003 c.604 §104; repealed by 2013 c.722 §8]

 

STATE FAIR COUNCIL; FAIRGROUND OPERATIONS, PROPERTIES AND FACILITIES

 

      565.451 Definitions for ORS 565.451 to 565.575. As used in ORS 565.451 to 565.575:

      (1) “Fairground properties and facilities” means grounds, equipment, permanent and temporary structures and other improvements that are owned, rented, leased or otherwise controlled for Oregon State Fair or exposition center purposes.

      (2) “Oregon State Fair” means the exhibition described in ORS 565.456 (3). [2013 c.492 §2]

 

      565.455 [1995 c.796 §1; repealed by 2003 c.517 §1]

 

      565.456 State Fair Council; mission and purposes of council. (1) The State Fair Council is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are expressly conferred upon the council, are implied by law or are incident to such powers, rights and privileges. The council is an independent public corporation with a statewide mission and purposes and without territorial boundaries. The council is a governmental entity performing governmental functions and exercising governmental powers but, except as otherwise provided by law, is not a unit of local or municipal government or a state agency for purposes of state statutes or constitutional provisions.

      (2) Unless otherwise provided by law, the council is not subject to ORS chapter 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292 or 293 or ORS 35.550 to 35.575, 183.710 to 183.725, 183.745, 183.750, 190.430, 190.490, 200.035, 236.605 to 236.640, 243.303, 243.305, 243.315, 243.325 to 243.335, 243.345, 243.350, 243.696, 279.835 to 279.855, 282.010 to 282.150, 291.050 to 291.060 or 656.017 (2).

      (3) The mission and purposes of the council are:

      (a) To conduct a state fair to be known as the Oregon State Fair for the education and entertainment of Oregon residents and for the promotion, preservation, growth and prosperity of the industries and interests traditionally represented in state fair activities such as agriculture, stock raising, horticulture, youth group involvement in agricultural, stock-raising and horticultural activities, viticulture, manufacturing, metal fabrication, technology and artistic, creative and cultural pursuits; and

      (b) To promote Oregon tourism related to the Oregon State Fair and fairground properties and facilities, and promote and further the preservation, growth and prosperity of other industries and activities important to the state economy by conducting the Oregon State Fair and using fairground properties and facilities.

      (4) To help fulfill the council’s mission and purposes, the council shall encourage residents in all parts of this state to participate in or attend the Oregon State Fair. The council may take any necessary or expedient actions to ensure that fairground properties and facilities are adequate and in good repair. The council shall operate the fairground properties and facilities as an exposition center, encourage the full utilization of the properties and facilities for revenue generation and make expenditures for the construction, repair, remodeling, maintenance, insurance and other needs of the fairground properties and facilities. Subject to any limitations established under this chapter, the council may take other actions the council deems necessary or expedient to ensure the financial viability of the Oregon State Fair and the exposition center or to promote the Oregon State Fair, Oregon tourism and other industries related to fairground business operations or fairground properties and facilities. [2013 c.492 §3]

 

      565.460 Council members and employees. (1) The State Fair Council shall consist of no fewer than nine and no more than 13 members appointed by the Governor. A council member holds office for a term of four years, but may be removed at any time during the term at the pleasure of the Governor. Council members are eligible for reappointment. Prior to the expiration of the term of a member, the Governor shall appoint a successor. If a member position becomes vacant for any reason, the Governor shall appoint a successor to fill the unexpired term.

      (2) The council shall consist of:

      (a) No fewer than seven and no more than 11 members who have experience in, and are representatives of, industries and interests traditionally represented in Oregon State Fair activities, and who have backgrounds in industries and interests pertinent to carrying out the duties, functions and powers of the council, including but not limited to:

      (A) Private sector business;

      (B) The nonprofit sector;

      (C) Economic development interests;

      (D) The finance industry; and

      (E) The events and facility management industry.

      (b) One member who is an elected official of a city.

      (c) One member who is an elected official of a county.

      (3) The President of the Senate and the Speaker of the House of Representatives shall jointly select one member from among the members of the Legislative Assembly for appointment to act as a nonvoting observer of and advisor to the council. The member of the Legislative Assembly may not exercise any power, right or privilege of a council member.

      (4) The Salem city manager may act as a nonvoting observer of and advisor to the council. The Salem city manager may not exercise any power, right or privilege of a council member.

      (5) A majority of the council is required for the conducting of business.

      (6) The council shall elect one member as a chairperson and one member as a vice chairperson, with duties and powers as determined by the council. The council shall meet at the call of the chairperson or of a majority of the members.

      (7) A member of the council is not entitled to compensation, but may be reimbursed as provided by council policies and procedures for any actual and necessary travel and other expenses incurred by the member in the performance of the member’s official duties. [2013 c.492 §4]

 

      565.470 State fair director; status of council, director and employees; services used by council. (1) The State Fair Council may employ a state fair director to oversee the day-to-day carrying out of fairground business operations and the operation of fairground properties and facilities, including but not limited to the annual conducting of the Oregon State Fair, the use of fairground properties and facilities for an exposition center, the issuance of payments for construction, repair, remodeling, maintenance, insurance and other needs of fairground properties and facilities as directed by the council, the solicitation for financial support for the Oregon State Fair and fairground properties and facilities and the promotion of the Oregon State Fair and related Oregon tourism and other industries.

      (2) The state fair director may employ such subordinate council employees as the director deems reasonable for the carrying out of fairground business operations and the operation of fairground properties and facilities, including but not limited to the conducting of the Oregon State Fair and the operation of fairground properties and facilities as an exposition center.

      (3) The council shall determine and approve policies and procedures to further the mission and purposes of the council and shall provide oversight and guidance to the state fair director and employees of the council.

      (4) The members of the council, the state fair director and the employees of the council are not state employees and are not eligible for participation in state employee health benefit plans, state employee deferred compensation plans or the Public Employees Retirement System. The council shall determine the compensation and benefit package for the state fair director and other employees of the council. For purposes of any laws applicable to the council as a public corporation, including but not limited to ORS 30.260 to 30.300, the members of the council, the state fair director and the employees of the council are officers and employees of a public body.

      (5) The council and a state agency may enter into agreements for the state agency to provide support services to the council. Except as provided in this subsection, if a state agency provides support services to the council, the state agency must provide the support services at the rate that the state agency would charge to other state agencies for the services. The State Parks and Recreation Department may provide support services to the council at any rate mutually agreed to by the department and the council.

      (6) The council may retain private legal counsel or, notwithstanding ORS 180.060, may contract for representation by the Attorney General. If the council contracts for representation by the Attorney General, the Attorney General shall charge the council for services at the rate charged state agencies for similar services. [2013 c.492 §5]

 

      565.480 Director powers and duties. (1) The state fair director employed by the State Fair Council under ORS 565.470 shall be entrusted with the day-to-day carrying out of fairground business operations and the operation of fairground properties and facilities.

      (2) The state fair director may contract for law enforcement or security services for fairground properties and facilities, including but not limited to law enforcement and security services during the Oregon State Fair.

      (3) In addition to any other duties, functions or powers, the state fair director may:

      (a) Establish charges and fees, including but not limited to charges and fees for admission to, and lease or rental of, fairground properties and facilities;

      (b) Conduct or authorize events, exhibitions and all manner of business at fairground properties and facilities consistent with the mission and purposes of the State Fair Council; and

      (c) Do all other things the director considers proper in the conducting of the annual Oregon State Fair or the operation of fairground properties and facilities as an exposition center.

      (4) The state fair director may delegate any duty, function or power of the director to a subordinate employee except the duties, functions and powers of the director under ORS 565.539. [2013 c.492 §6]

 

      565.495 Acquisition or disposal of real property or facilities; care, custody and control; expenditure of appropriated moneys. (1) The State Fair Council may not acquire or dispose of any real property or facilities without prior approval by the Oregon Department of Administrative Services. Legal title to fairground properties and facilities must remain with, or be established in, the name of the State of Oregon. The department and the council shall enter into an agreement for the council to exercise exclusive care, custody and control over fairground properties and facilities. The agreement shall provide for the council to make periodic payments to the State of Oregon for the leasing of the fairground properties and facilities. The agreement may not establish a fixed term in excess of 10 years, but may provide for renewal. Notwithstanding any fixed term for the agreement, the Legislative Assembly may terminate the agreement by law if the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities by the council results in a net loss in three of any five consecutive years. If the Legislative Assembly terminates the agreement, the department may dispose of any fairground properties and facilities for which the department determines disposal to be reasonable. The department and the council may modify the agreement terms and conditions by mutual consent to the extent consistent with this chapter.

      (2) If any state agency has incurred an obligation for the purpose of paying for the construction, repair or remodeling of fairground properties or facilities, and the obligation remains outstanding at the time the agreement described in subsection (1) of this section is negotiated, the agreement shall provide for all or part of the periodic payments by the council to be credited to an appropriate account established in the State Treasury pursuant to ORS 291.001 (3) to compensate the obligated agency for the amounts coming due under the obligation. The agreement shall give priority to the full compensation of an obligated agency for any amounts coming due on revenue bonds payable from the revenues of fairground business operations or from the operation of fairground properties and facilities, including but not limited to revenue bonds issued under ORS 565.095 as set forth in the 2011 Edition of Oregon Revised Statutes.

      (3) If any fairground properties or facilities are sold, the Oregon Department of Administrative Services shall ensure that any net proceeds of the sale are applied as provided in this subsection. Net sale proceeds shall be applied according to the following priorities:

      (a) First, for the repair and maintenance of other fairground properties or facilities.

      (b) Second, for the payment of any bonds secured by the property or facility sold.

      (c) Third, for the payment of any bonds payable out of Oregon State Fair revenues or other fairground revenues.

      (d) Fourth, for the acquisition of new fairground properties or facilities or other new properties and facilities for the conducting of the Oregon State Fair or for deposit to fairground property and facility acquisition accounts described in ORS 565.545 (1).

      (4) The agreement described in subsection (1) of this section shall provide for appropriate apportionment between the council and the Oregon Department of Administrative Services of any insurance proceeds paid in compensation for loss involving fairground properties or facilities.

      (5) Notwithstanding subsection (1) of this section, the Oregon Department of Administrative Services may seek an appropriation from the Legislative Assembly or the Emergency Board for moneys to support the conducting of the Oregon State Fair, the carrying out of fairground business operations, the operation of fairground properties and facilities or the repair, maintenance or insurance of fairground properties and facilities, if the council and the department agree that the existing and projected financial resources of the council are inadequate to conduct the Oregon State Fair, to carry out fairground business operations, to operate fairground properties and facilities, to make necessary repairs to fairground properties and facilities or to adequately maintain and insure fairground properties and facilities. Any appropriation to the department shall be expended and accounted for by the department as provided by law. Any expenditures made from an appropriation described in this subsection shall be an obligation owing from the council to the department. [2013 c.492 §7]

 

      565.510 [Amended by 1953 c.675 §12; 1969 c.239 §2; repealed by 1983 c.327 §16]

 

      565.515 Businesses that may be licensed; when other license may be required. The state fair director may authorize the conducting of any lawful business at fairground properties and facilities. A business operating on fairground properties or facilities under authorization from the state fair director is not required to obtain a local business license for the operation. However, nothing in this section shall interfere with the laws of this state requiring a license for the operation of a restaurant or requiring a license to be obtained from the Oregon Liquor Control Commission for the sale or distribution of alcoholic liquors. [Formerly 565.130]

 

      Note: 565.515 was made a part of ORS chapter 565 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      565.520 [Amended by 1969 c.239 §3; repealed by 1983 c.327 §16]

 

      565.521 Conducting of Oregon State Fair; fairground business operations, buildings and facilities. (1) The State Fair Council shall govern the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities. The council shall conduct the Oregon State Fair for a period of not less than three days and not more than 17 days annually on dates established by the council.

      (2) The council may engage in all necessary or expedient actions or activities to carry out the mission and purposes of the council described in ORS 565.456.

      (3) The council may enter into contracts and agreements involving property, goods or services as the council deems reasonable to carry out the mission and purposes of the council or to execute any duties, functions or powers of the council, including but not limited to contracts and agreements related to the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities as an exposition center or the construction, repair, remodeling, maintenance and insurance of fairground properties and facilities. However, the council may not enter into any contract or agreement that will result in a lien on fairground properties or facilities that exceeds the available financial resources of the council without first obtaining permission for the lien from the Oregon Department of Administrative Services.

      (4) The council may sue and be sued in its own name.

      (5) Subject to subsection (3) of this section and ORS 565.495 (1), the council may acquire, purchase, receive, hold, control, convey, sell, manage, operate, lease and improve real or personal property as the council deems necessary or expedient for conducting the Oregon State Fair, carrying out fairground business operations or operating fairground properties and facilities.

      (6) ORS 227.286 does not apply to any construction, repair, remodeling or maintenance of fairground properties and facilities.

      (7)(a) The council may solicit support for carrying out the mission and purposes of the council described in ORS 565.456 and, subject to ORS 565.495 (1), may accept conditional or unconditional gifts, grants, donations, bequests and other contributions of money, property, services or other things of value from public or private sources and, subject to any terms of a contribution, may:

      (A) Expend the contribution to benefit the conducting of the Oregon State Fair, the carrying out of fairground business operations, the operation of fairground properties and facilities, the promotion of the Oregon State Fair and related Oregon tourism and other industries;

      (B) Deposit the contribution in a dedicated acquisition account described in ORS 565.545 (1); or

      (C) Use the contribution for any other purpose consistent with the mission and purposes of the council.

      (b) The council may obtain sponsorships, sell advertising space, sell naming rights and engage in other transactions to generate revenue for any purposes consistent with the mission and purposes of the council. [2013 c.492 §8]

 

      Note: Section 21, chapter 492, Oregon Laws 2013, provides:

      Sec. 21. (1) The Governor shall complete the appointment of the initial members of the State Fair Council under section 4 of this 2013 Act [565.460] no later than January 1, 2014.

      (2) The Oregon Department of Administrative Services and the council shall make a good faith effort to complete an agreement no later than July 1, 2014, for the council to assume care, custody and control over the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities no later than December 31, 2015. The department shall report as provided under ORS 192.235 to 192.245 no later than October 1, 2014, to an interim committee of the Legislative Assembly dealing with economic development regarding the progress of the council and the department toward reaching an agreement. If the council and the department have not reached an agreement by the time the report is submitted, the report must note that the statutory repeals under section 34 of this 2013 Act are scheduled to occur no later than December 31, 2015.

      (3) If the council and the department complete an agreement as described in subsection (2) of this section, the department shall notify the State Parks and Recreation Director and the State Treasurer of the date that the council will assume care, custody and control over the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities under the agreement.

      (4) Upon receiving notice under subsection (3) of this section, the director shall arrange for State Parks and Recreation Department staff to meet with the council to prepare for transferring the care, custody and control over the Oregon State Fair, fairground business operations and fairground properties and facilities to the council. The director shall make a good faith effort to ensure that the members of the council are fully briefed and familiarized with matters relating to the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities prior to the transfer taking effect.

      (5) Notwithstanding section 5 (5) of this 2013 Act [565.470 (5)], for the period commencing on the effective date of this 2013 Act [June 26, 2013] and ending on the care, custody and control assumption date stated in the notification given to the director by the Oregon Department of Administrative Services under subsection (3) of this section, employees of the State Parks and Recreation Department may provide support services to the council without charge. [2013 c.492 §21]

 

      565.530 [Amended by 1953 c.675 §12; repealed by 1969 c.239 §9]

 

      565.539 Council finances. (1) As used in this section:

      (a) “Depository” has the meaning given that term in ORS 295.001.

      (b) “Financial institution” has the meaning given that term in ORS 706.008.

      (2) Except as provided in this section, moneys received by the State Fair Council must be promptly deposited into an account established by the council in a depository that is insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. In a manner consistent with the requirements of ORS 295.001 to 295.108, the chairperson and vice-chairperson of the council shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the coverage provided by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.

      (3) The council may deposit moneys into an account established by the council in a financial institution that is not a depository if the amount on deposit is at all times fully insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or another appropriate federal regulatory body responsible for insuring amounts on deposit with the financial institution for the benefit of depositors.

      (4) The council may invest any moneys the council receives. Except as provided in subsection (5) of this section, investments that the council makes are:

      (a) Limited to investments described in ORS 294.035;

      (b) Subject to the investment maturity date limitations described in ORS 294.135; and

      (c) Subject to the conduct prohibitions listed in ORS 294.145.

      (5) In addition to or in lieu of investments described in subsection (4) of this section, the council may invest in the investment pool described in ORS 294.805. For purposes of ORS 294.805 to 294.895, the state fair director is a local government official.

      (6) Except as provided in this subsection, the state fair director shall provide to each meeting of the council a financial report that includes, but need not be limited to, a summary of account and investment activity, and copies of any account or investment statements received from a bank, investment firm or other source since the previous report was provided. The council may waive the financial report requirement if the council is meeting less than 30 days after a meeting to which the state fair director provided a financial report. [2013 c.492 §9]

 

      Note: Section 23, chapter 492, Oregon Laws 2013, provides:

      Sec. 23. (1) Notwithstanding ORS 565.107 and sections 2 to 13 of this 2013 Act [565.451 to 565.575], at the request of the State Parks and Recreation Director, for the period commencing on the effective date of this 2013 Act [June 26, 2013] and ending on the date stated in the notification given to the State Treasurer under section 21 (3) of this 2013 Act as the date the State Fair Council is to assume care, custody and control over the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities, in addition to any other authorized use of Oregon State Fair Account moneys, the State Treasurer may issue warrants for the purpose of paying the costs and expenses of the council and paying for the salaries and benefits of the state fair director and other council employees.

      (2) On the date stated in the notification given to the State Treasurer under section 21 (3) of this 2013 Act as the date the State Fair Council is to assume care, custody and control over the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities, the State Treasurer shall issue a warrant payable to the State Fair Council in the amount of the unexpended balances of the Oregon State Fair Account and the State Fair Capital Project Fund. The council shall deposit the amounts to depository or investment accounts as described in section 9 of this 2013 Act [565.539]. The council shall keep any amounts transferred from the State Fair Capital Project Fund in depository or investment accounts that are separate from accounts holding any other council moneys. Subject to any additional conditions imposed under the terms of the bonds, the council may expend moneys transferred from the State Fair Capital Project Fund only for the construction, repair or remodeling of fairground properties and facilities. [2013 c.492 §23]

 

      565.540 [Repealed by 1983 c.327 §16]

 

      565.545 Profit and loss reports; triggering of appraisal. (1) If the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation, maintenance or repair of fairground properties and facilities by the State Fair Council results in a net profit for the fiscal year, the council shall use any moneys in excess of scheduled expenditures and reasonable reserves only for:

      (a) Deposit into depository or investment accounts designated for fairground business operations or for the repair, maintenance, acquisition or operation of fairground property or facilities; or

      (b) Payment of obligations owed the Oregon Department of Administrative Services under ORS 565.495 (5).

      (2) The council shall include information regarding the fiscal year net profit or loss from the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities in the annual report made under ORS 565.555. The report shall include the amounts for each use made of any net profit moneys.

      (3) If the total balance of depository or investment accounts described in subsection (1)(a) of this section exceeds $50 million, the council shall notify the Oregon Department of Administrative Services. Upon receiving notice from the council under this subsection, the department shall cause an appraisal to be made of the sale and long-term lease values of fairground properties and facilities. The department shall also determine the payment schedule and outstanding amount of any obligations that have been incurred by state agencies for the purpose of paying for the construction, repair or remodeling of fairground properties and facilities, including but not limited to any amounts owing in payment of revenue bonds or lottery bonds issued for the construction, repair or remodeling of fairground properties and facilities. The department shall provide the appraisal and obligation information to the council. The council shall include information regarding the balance of the depository and investment accounts described in subsection (1)(a) of this section and the properties and facilities appraisal obligation information provided by the department in the annual report submitted by the council under ORS 565.555. [2013 c.492 §10]

 

      565.550 [Amended by 1953 c.675 §12; repealed by 1969 c.239 §9]

 

      565.555 Budget; audits; activities reporting. (1) The State Fair Council shall adopt a budget on a biennial basis using classifications of expenditures and revenues required by generally accepted accounting principles applicable to governmental entities. The budget is not subject to review and approval by the Legislative Assembly or to modification by the Legislative Assembly or the Emergency Board. The budget is not subject to any expenditure limit or to an allotment process. All moneys received or collected by the council are available for use as provided under this chapter at the discretion of the council.

      (2) Prior to adopting or modifying a biennial budget, the council shall make the proposed budget, the adopted budget for the biennium then in progress and a financial report for the completed months of the biennium then in progress available for public review on a website maintained by the council for Oregon State Fair purposes. The council shall hold at least one regularly scheduled public meeting at which the public may comment on the proposed budget or modification. The council shall adopt a budget or budget modification at a regularly scheduled public meeting that is subsequent to the meeting at which the council allows public comment on the proposed budget or modification.

      (3) The council shall submit to periodic audits by the Secretary of State. The council may retain a public accounting firm to annually examine and attest to the financial operations of the council. The council shall include the results of any public accounting in the annual report submitted to the Legislative Assembly under subsection (4) of this section.

      (4) The council shall file an annual report with the Governor, a committee or interim committee of the Legislative Assembly dealing with economic development, the Legislative Fiscal Office and the Oregon Department of Administrative Services regarding the activities of the council, including but not limited to the conducting of the Oregon State Fair, the carrying out of fairground business operations and the operation of fairground properties and facilities as an exposition center and the resulting revenues and expenses. [2013 c.492 §11]

 

      565.560 [Repealed by 1983 c.327 §16]

 

      565.565 Unauthorized entry to fairgrounds; penalty. A person who gains or attempts to gain unauthorized entry to the Oregon State Fair or to an event held at fairground properties or facilities without paying a required admission fee commits a Class D violation. In addition to any enforcement officers specifically identified in ORS 153.005, the state fair director and other employees of the State Fair Council may issue citations for violations of this section. [2013 c.492 §12]

 

      565.570 [Repealed by 1983 c.327 §16]

 

      565.575 Oregon State Fair location; use of fairground buildings and facilities. (1) The Oregon State Fair shall be conducted on the state property, located in the City of Salem, historically devoted to Oregon State Fair purposes. The fairground properties and facilities described in this section must be dedicated for the conducting of the Oregon State Fair and for the operation of the properties and facilities by the State Fair Council as an exposition center.

      (2) The Oregon Department of Administrative Services may obtain or receive, by donation, exchange or purchase, properties and improvements adjacent to the fairground properties and facilities that the department, after consultation with the council, considers beneficial for the conducting of the Oregon State Fair and the use of the properties and facilities and, subject to the terms of any agreement described in ORS 565.495 (1), may conduct or approve the construction, repair or remodeling of improvements, properties and facilities as the department considers necessary or expedient for the conducting of the Oregon State Fair, the operation of fairground properties and facilities as an exposition center or other council activities. [2013 c.492 §13]

 

      565.580 Armory on state fairgrounds. (1) Notwithstanding ORS 565.495, the State Fair Council and the General Staff of the Oregon National Guard may enter into a mutual agreement for the use, by the council and the General Staff, of an armory building and appurtenant grounds at a location on fairground property and for the General Staff to exercise control over the armory and grounds for the period that such armory and grounds are used for military purposes. When such armory and grounds are no longer used for military purposes, the control over them shall revert to the council.

      (2) For purposes of this section, “control” does not include the power to sell, lease, mortgage or in any other way encumber an armory or grounds described under subsection (1) of this section. [Formerly 565.150]

 

REGULATIONS AND LAW ENFORCEMENT AT FAIRS GENERALLY

 

      565.610 Conducting business on or near grounds of fair or society. (1) A person may not set up any shop, booth, wagon or other vehicle for the sale of spirituous or other liquors, cigars, provisions or other articles of traffic, or sell or otherwise dispose of any liquors, cigars, goods, wares, merchandise, meals, lunch or any article of traffic whatever on any grounds owned or occupied by a county fair board or any county or district society formed for the promotion and encouragement of agriculture, stock growing or horticulture, or within one-half mile of such grounds, without having paid the county fair board or such society the license for the privilege, or obtained the written consent of the county fair board or of the president and secretary of such society.

      (2) Nothing in this section shall restrain any person except during fairs or exhibitions or other public events or meetings on the grounds of any county fair board or of such societies, and for two days prior and two days subsequent thereto. This section does not extend to any person regularly and continuously carrying on business within one-half mile of the premises mentioned. [Amended by 1953 c.675 §12; 1969 c.239 §5; 1973 c.537 §8; 1977 c.55 §28; 2005 c.22 §385; 2005 c.777 §42; 2013 c.492 §16]

 

      565.620 Admission to grounds of fair or society except through special gates prohibited. A person may not gain admission, or attempt to gain admission, to the grounds owned or occupied by a county fair board or any society mentioned in ORS 565.610 during their annual fairs, exhibitions, public events or meetings except through the special gates kept by the county fair board or society for that purpose. [Amended by 1953 c.675 §12; 1969 c.239 §6; 1973 c.537 §9; 2005 c.777 §43; 2013 c.492 §17]

 

      565.630 Regulation of public events; penalty. Any county fair board and every society mentioned in ORS 565.610 may regulate its prices of admission, licenses and all matters pertaining to the conduct of its annual fairs, exhibitions or other public events or meetings. The penalty for violation of its rules and regulations is a Class D violation. [Amended by 1953 c.675 §12; 1969 c.239 §7; 1973 c.537 §10; 2005 c.777 §44; 2011 c.597 §90a; 2013 c.492 §18]

 

      565.640 Peace officers; authority; power of arrest. The peace officers of a county fair board or of a society mentioned in ORS 565.610, during the continuance of each annual fair or other public event or meeting, and for three days prior and two days subsequent thereto, on the grounds owned or occupied by the county fair board or society for fairs, exhibitions or other public events or meetings, shall have all the authority of a deputy sheriff and may make arrests for violations of the provisions of ORS 565.610 to 565.650 or other laws of this state, or the rules or regulations of the fair board or society. [Amended by 1953 c.675 §12; 1969 c.239 §8; 1973 c.537 §11; 2005 c.777 §45; 2013 c.492 §19]

 

      565.650 Justices of the peace given jurisdiction. Justices of the peace shall have jurisdiction of all offenses against the provisions of ORS 565.610 to 565.640.

 

MISCELLANEOUS

 

      565.875 Conducting of or participation in rodeos. (1) A person may conduct or participate in rodeos in this state. State law may not be applied in a manner that affords the conducting of or participation in rodeos less favorable treatment than for other organized exhibitions or events. A local ordinance or state agency rule may not prohibit the conducting of or participation in rodeos in this state. This subsection does not prohibit the application of any law, ordinance or rule regulating the time, manner or place for conducting a rodeo in the same manner that the law, ordinance or rule is applied for other events.

      (2) A rodeo promoter may establish fees, rules, policies and procedures for events of the rodeo, including but not limited to rules, policies and procedures regarding participant qualifications. [2013 c.616 §1]

 

      Note: 565.875 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 565 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

PENALTIES

 

      565.990 Penalties. Violation of ORS 565.610 or 565.620 is a Class D violation. [Amended by 1999 c.1051 §201; 2011 c.597 §91]

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