Bill Text: OR HB2008 | 2013 | Regular Session | Introduced

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Bill Title: Relating to addressing the impacts of alcoholic beverages; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2008 Detail]

Download: Oregon-2013-HB2008-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1693

                         House Bill 2008

Sponsored by Representative KOTEK (at the request of Hayden
  Island Neighborhood Network)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows city to order temporary cessation of alcoholic beverage
sales or other operations at premises licensed for full or
limited on-premises sales or as brewery-public house upon
reasonable belief that continued sales or operation are immediate
threat to public safety.
  Allows Oregon Liquor Control Commission to place restrictions
on activities at licensed premises if commission has grounds to
believe certain conditions exist. Allows commission to refuse
license if commission reasonably believes granting license would
pose threat to public safety. Allows commission to suspend or
revoke license upon finding or having grounds for believing
continued operations at licensed premises would pose threat to
public safety.
  Requires that one member of Oregon Liquor Control Commission
have expertise in law enforcement or public safety.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to addressing the impacts of alcoholic beverages;
  creating new provisions; amending ORS 471.313, 471.315 and
  471.705; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2013 Act are added to
and made a part of ORS chapter 471. + }
  SECTION 2.  { + (1) Notwithstanding ORS 471.730, a city
governing body, the chief of police or the peace officer in
charge of a law enforcement agency, as defined in ORS 181.010,
serving a city may order the cessation of alcoholic beverage
sales or of other operations at a premises licensed for full or
limited on-premises sales or as a brewery-public house for a
period not exceeding 72 hours if the governing body, chief of
police or peace officer in charge determines that the
continuation of sales or operations at the premises would
constitute an immediate threat to public safety based upon a
reasonable belief that an offense listed in subsection (2) of
this section involved patrons of the premises, occurred in the
immediate vicinity of the premises, was related to the sale or
service of alcohol at the premises and occurred within 24 hours
prior to issuance of the order.

  (2) Subsection (1) of this section applies for the following
offenses:
  (a) ORS 163.095 or 163.115;
  (b) ORS 163.118, 163.125, 163.145 or 163.149;
  (c) ORS 163.165, 163.175 or 163.185;
  (d) ORS 163.225 or 163.235;
  (e) ORS 163.375, 163.405 or 163.411; or
  (f) ORS 166.220.
  (3) The power of a city under subsection (1) of this section is
in addition to any other regulatory action or sanctions that may
lawfully be taken by the city or by the Oregon Liquor Control
Commission. + }
  SECTION 3.  { + (1) As used in this section, 'serious physical
injury' has the meaning given that term in ORS 161.015.
  (2) Notwithstanding ORS 471.175, 471.178, 471.186, 471.200,
471.220, 471.223, 471.230 or 471.242, the Oregon Liquor Control
Commission may issue an order placing restrictions on the
activities at a premises licensed under ORS 471.175, 471.178,
471.186, 471.200, 471.220, 471.223, 471.230 or 471.242 if the
commission has reasonable grounds to believe any of the following
to be true:
  (a) That the premises location does not comply with local or
state laws or rules related to public safety or the fire and life
safety code or with regulations of a governmental subdivision
described in ORS 476.030.
  (b) That there is a past history of or current presence of
problems related to noise, disturbances or unlawful activity
connected with the sale or service of alcoholic beverages:
  (A) At the premises;
  (B) At other premises of the licensee; or
  (C) At other premises under the same management.
  (3) In making any determination concerning the existence of a
history, presence or connection described in subsection (2)(b) of
this section, the commission may consider any recommendations
made by a local government having jurisdiction in that area.
However, the commission shall allow the applicant or licensee the
opportunity to respond to a recommendation by local government
that is considered by the commission.
  (4) For purposes of subsection (2)(b) of this section, it is
reasonable grounds for inferring that a premises has a past
history of or current presence of problems related to noise,
disturbances or unlawful activity if any of the following occurs
at that premises within a one-year period:
  (a) Six or more incidents involving injuries that do not create
a substantial risk of death;
  (b) One or more incidents involving serious physical injury or
death, plus three or more incidents involving injuries that do
not create a substantial risk of death;
  (c) One or more incidents involving serious physical injury or
death, plus six or more incidents involving unruly or unlawful
behavior; or
  (d) One or more incidents involving serious physical injury or
death, plus two or more incidents involving injuries that do not
create a substantial risk of death, and three or more incidents
involving unruly or unlawful behavior.
  (5) Any restriction that the commission places on activities at
a licensed premises under this section must be narrowly tailored
to address the noncompliance or problem identified by the
commission. + }
  SECTION 4. ORS 471.313 is amended to read:
  471.313. The Oregon Liquor Control Commission may refuse to
license any applicant under the provisions of this chapter if the
commission has reasonable ground to believe any of the following
to be true:
  (1) That there are sufficient licensed premises in the locality
set out in the application, or that the granting of a license in
the locality set out in the application is not demanded by public
interest or convenience. In determining whether there are
sufficient licensed premises in the locality, the commission
shall consider seasonal fluctuations in the population of the
locality and shall ensure that there are adequate licensed
premises to serve the needs of the locality during the peak
seasons.
  (2) That the applicant has not furnished an acceptable bond as
required by ORS 471.311 or is not maintaining the insurance or
bond required by ORS 471.168.
  (3) That, except as allowed by ORS 471.392 to 471.400, any
applicant to sell at retail for consumption on the premises has
been financed or furnished with money or property by, or has any
connection with, or is a manufacturer of, or wholesale dealer in,
alcoholic liquor.
  (4) That the applicant:
  (a) Is in the habit of using alcoholic beverages, habit-forming
drugs or controlled substances to excess.
  (b) Has made false statements to the commission.
  (c) Is incompetent or physically unable to carry on the
management of the establishment proposed to be licensed.
  (d) Has been convicted of violating any of the laws, general or
local, of this state or another state if the conviction is
substantially related to the fitness and ability of the applicant
to lawfully carry out activities under the license.
  (e) Has maintained an insanitary establishment.
  (f) Is not of good repute and moral character.
  (g) Did not have a good record of compliance with the alcoholic
liquor laws of this state and the rules of the commission when
previously licensed.
  (h) Is not the legitimate owner of the business proposed to be
licensed, or other persons have ownership interests in the
business which have not been disclosed.
  (i) Is not possessed of or has not demonstrated financial
responsibility sufficient to adequately meet the requirements of
the business proposed to be licensed.
  (j) Is unable to read or write the English language or to
understand the laws of Oregon relating to alcoholic liquor or the
rules of the commission.
  (5) { + (a) + } That there is a history of serious and
persistent problems involving disturbances, lewd or unlawful
activities or noise either in the premises proposed to be
licensed or involving patrons of the establishment in the
immediate vicinity of the premises if the   { - activities - }
 { +  problems + } in the immediate vicinity of the premises are
related to the sale or service of alcohol under the exercise of
the license privilege.   { - Behavior which is - }  { +  Problems
that are + } grounds for refusal of a license under this
  { - section - }  { +  subsection + }, where so related to the
sale or service of alcohol,   { - includes, but is - }  { +
include, but are + } not limited to { + :
  (A) + } Obtrusive or excessive noise, music or sound
vibrations;
   { +  (B) + } Public drunkenness;
   { +  (C) + } Fights;
   { +  (D)  + }Altercations;
   { +  (E) + } Harassment;
   { +  (F)  + }Unlawful drug sales;
   { +  (G)  + }Alcohol or related litter;
   { +  (H) + } Trespassing on private property; and
   { +  (I)  + }Public urination.
   { +  (b) For purposes of this subsection, + } histories from
premises currently or previously operated by the applicant may be
considered when reasonable inference may be made that similar
activities will occur as to the premises proposed to be licensed.
The applicant may overcome the history by showing that the
problems are not serious or persistent or   { - that the
applicant demonstrates - }  { +  by demonstrating + } a
willingness and ability to control adequately the premises
proposed to be licensed and patrons' behavior in the immediate
vicinity of the premises
  { - which - }  { +  that + } is related to the licensee's sale
or service of alcohol under the licensee's exercise of the
license privilege.
   { +  (6)(a) That granting the license would pose a threat to
public safety. In addition to any other reasonable grounds for
belief, the commission has reasonable grounds to believe that
granting the license would pose a threat to public safety if two
or more incidents described in paragraph (b) of this subsection:
  (A) Have occurred at the premises since 12 months prior to the
license application date; or
  (B) Involved patrons of the premises, occurred in the immediate
vicinity of the premises, were related to the sale or service of
alcohol at the premises and have occurred since 12 months prior
to the license application date.
  (b) Incidents are grounds for a reasonable belief under this
subsection if the incidents involved one or more of the following
offenses:
  (A) ORS 163.095 or 163.115;
  (B) ORS 163.118, 163.125, 163.145 or 163.149;
  (C) ORS 163.165, 163.175 or 163.185;
  (D) ORS 163.225 or 163.235;
  (E) ORS 163.375, 163.405 or 163.411; or
  (F) ORS 166.220. + }
  SECTION 5. ORS 471.315 is amended to read:
  471.315. (1) The Oregon Liquor Control Commission may cancel or
suspend any license issued under this chapter, or impose a civil
penalty in lieu of or in addition to suspension as provided by
ORS 471.322, if the commission finds or has reasonable
 { - ground - }  { +  grounds + } to believe any of the following
to be true:
  (a) That the licensee:
  (A) Has violated any provision of this chapter or ORS 474.115
or any rule of the commission adopted pursuant thereto.
  (B) Has made any false representation or statement to the
commission in order to induce or prevent action by the
commission.
  (C) Is not maintaining an acceptable bond as required by ORS
471.311 or is not maintaining the insurance or bond required by
ORS 471.168.
  (D) Has maintained an insanitary establishment.
  (E) Is insolvent or incompetent or physically unable to carry
on the management of the establishment of the licensee.
  (F) Is in the habit of using alcoholic liquor, habit-forming
drugs or controlled substances to excess.
  (G) Has knowingly sold alcoholic liquor to persons under 21
years of age or to persons visibly intoxicated at the time of
sale.
  (H) Has allowed the consumption of alcoholic liquor on the
licensed premises by a person who is visibly intoxicated at the
time of consumption.
  (I) Has misrepresented to a customer or the public any
alcoholic liquor sold by the licensee.
  (J) Since the granting of the license, has been convicted of a
felony, of violating any of the liquor laws of this state,
general or local, or of any misdemeanor or violation of any
municipal ordinance committed on the licensed premises.
  (b) That any person licensed to sell at retail for consumption
on the premises is acting as an agent of, or is a manufacturer or
wholesaler of alcoholic liquors, or has borrowed money or
property, or has accepted gratuities or rebates, or has obtained

the use of equipment from any manufacturer or wholesaler of
alcoholic liquor or any agent thereof.
  (c) That there is a history of serious and persistent problems
involving disturbances, lewd or unlawful activities or noise
either in the premises or involving patrons of the establishment
in the immediate vicinity of the premises if the
  { - activities - }  { +  problems + } in the immediate vicinity
of the premises are related to the sale or service of alcohol
under the exercise of the license privilege.   { - Behavior that
is - }  { +  Problems that are + } grounds for cancellation or
suspension of a license under this section, where so related to
the sale or service of alcohol,
  { - includes but is - }  { +  include but are + } not limited
to { + :
  (A) + } Obtrusive or excessive noise, music or sound
vibrations;
   { +  (B) + } Public drunkenness;
   { +  (C) + } Fights;
   { +  (D) + } Altercations;
   { +  (E) + } Harassment { + ; + }   { - or - }
   { +  (F) + } Unlawful drug sales;
   { +  (G)  + }Alcohol or related litter;
   { +  (H) + } Trespassing on private property; and
   { +  (I)  + }Public urination.   { - Mitigating factors
include a showing by the licensee that the problems are not
serious or persistent or that the licensee has demonstrated a
willingness and ability to control adequately the licensed
premises and patrons' behavior in the immediate vicinity of the
premises which is related to the licensee's sale or service of
alcohol under the licensee's exercise of the license
privilege. - }
   { +  (d) That continued operations at the licensed premises
would pose a threat to public safety. In addition to any other
basis for a finding or belief, the commission has grounds to find
or believe that continued operations would pose a threat to
public safety if two or more incidents described in subsection
(3) of this section:
  (A) Have occurred at the premises since 12 months prior to
action by the commission, or later; or
  (B) Involved patrons of the premises, occurred in the immediate
vicinity of the premises, were related to the sale or service of
alcohol at the premises and have occurred since 12 months prior
to action by the commission. + }
    { - (d) - }  { +  (e) + } That there is any other reason
that, in the opinion of the commission, based on public
convenience or necessity, warrants canceling or suspending
 { - such - }  { +  the + } license.
   { +  (2) For purposes of subsection (1)(c) of this section,
mitigating factors include a showing by the licensee that the
problems are not serious or persistent or by demonstrating a
willingness and ability to control adequately the licensed
premises and patrons' behavior in the immediate vicinity of the
premises that is related to the licensee's sale or service of
alcohol under the licensee's exercise of the license privilege.
  (3) Incidents are grounds for a finding or belief under
subsection (1)(d) of this section if the incidents involved one
or more of the following offenses:
  (a) ORS 163.095 or 163.115;
  (b) ORS 163.118, 163.125, 163.145 or 163.149;
  (c) ORS 163.165, 163.175 or 163.185;
  (d) ORS 163.225 or 163.235;
  (e) ORS 163.375, 163.405 or 163.411; or
  (f) ORS 166.220. + }
    { - (2) - }  { +  (4) + } Civil penalties under this section
shall be imposed as provided in ORS 183.745.
  SECTION 6. ORS 471.705 is amended to read:
  471.705. (1) There is created the Oregon Liquor Control
Commission, consisting of five persons appointed by the Governor.
One member shall be from among the bona fide residents of each
congressional district of the state.   { - One member shall be
from the food and alcoholic beverage retail industry. - }  Not
more than three commissioners shall be of the same political
party { + . + }   { - and one shall be designated by - }  The
Governor  { + shall designate one member + } to be chairperson of
the commission.
   { +  (2) The membership of the commission must include:
  (a) One member from the food and alcoholic beverage retail
industry; and
  (b) One member with expertise in law enforcement or public
safety.
  (3) + } The commissioners are entitled to compensation and
expenses as provided in ORS 292.495.
   { +  (4) + } Each commissioner at the time of appointment and
qualification shall be a resident of this state and shall have
resided in this state for at least five years next preceding
appointment and qualification. The commissioner shall be an
elector therein and not less than 30 years of age. A commissioner
shall cease to hold office if the commissioner ceases to possess
the residency or   { - industry - }  { +  occupational + }
qualification for appointment and the Governor shall appoint a
qualified individual to complete the unexpired term.
    { - (2) - }  { +  (5) + } The term of office of a
commissioner shall be four years from the time of appointment and
qualification and until a successor qualifies. The terms of the
commissioners shall commence April 1.   { - In case - }  { +
If + } any commissioner is allowed to hold over after the
expiration of the term, the successor shall be appointed for the
balance of the unexpired term. Vacancies in the commission shall
be filled by the Governor for the unexpired term. Each
commissioner is eligible for reappointment but no person shall be
eligible to serve for more than two full terms.
    { - (3) - }  { +  (6) + } All appointments of commissioners
by the Governor are subject to confirmation by the Senate
pursuant to section 4, Article III, Oregon Constitution.
  SECTION 7.  { + Section 2 of this 2013 Act applies to offenses
that a city governing body, chief of police or peace officer in
charge of a law enforcement agency serving a city reasonably
believes to have occurred on or after the effective date of this
2013 Act. + }
  SECTION 8.  { + Section 3 of this 2013 Act and the amendments
to ORS 471.313 and 471.315 by sections 4 and 5 of this 2013 Act
apply with regard to incidents occurring before, on or after the
effective date of this 2013 Act. + }
  SECTION 9.  { + The amendments to ORS 471.705 by section 6 of
this 2013 Act do not terminate or shorten the term of office for
any member of the Oregon Liquor Control Commission appointed
before the effective date of this 2013 Act. The Governor shall
appoint an individual with expertise in law enforcement or public
safety to the first member position on the commission that
becomes vacant on or after the effective date of this 2013 Act,
other than the position of the member from the food and alcoholic
beverage retail industry. + }
  SECTION 10.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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