Bill Text: OR HB2332 | 2013 | Regular Session | Introduced

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Bill Title: Relating to nightclubs.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2332 Detail]

Download: Oregon-2013-HB2332-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 970

                         House Bill 2332

Sponsored by Representative TOMEI; Representatives BAILEY,
  GREENLICK, KENY-GUYER, Senator MONNES ANDERSON (Presession
  filed.)

                             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.

  Requires premises licensed for alcohol consumption and meeting
specified criteria to obtain nightclub endorsement from Oregon
Liquor Control Commission. Creates exceptions. Specifies minimum
features of safety and security plan required for premises
endorsed as nightclub.

                        A BILL FOR AN ACT
Relating to nightclubs.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 471. + }
  SECTION 2.  { + (1) As used in this section, 'nightclub' means
a premises licensed for full or limited on-premises sales that:
  (a) Has at least one room or area for which the maximum
occupancy approved by the State Fire Marshal or a governmental
subdivision granted an exemption under ORS 476.030 is 100 or more
persons;
  (b) Serves, or allows the consumption of, alcoholic beverages
at any time between the hours of 11 p.m. and 2:30 a.m.; and
  (c) In any of the four preceding calendar quarters has had
total gross receipts from alcoholic beverage sales and any
lottery receipts, admissions and cover charges that exceeded the
gross receipts for the quarter from the sale of food and
nonalcoholic beverages.
  (2) Notwithstanding ORS 471.175 or 471.178, except as provided
in subsection (3) of this section, the holder of a full
on-premises sales license or limited on-premises sales license
may not operate the licensed premises as a nightclub unless the
licensee holds a nightclub endorsement issued by the Oregon
Liquor Control Commission.
  (3)(a) Subsection (2) of this section does not apply to:
  (A) A licensed premises that is owned by the United States, a
public body as defined in ORS 174.109 or a nonprofit corporation
organized under ORS chapter 65; or
  (B) A public passenger carrier described in ORS 471.182.
  (b) The commission may grant a licensed premises a waiver from
subsection (2) of this section for good cause. Good cause
includes, but is not limited to, allowing a licensed premises to
conduct a fundraiser, festival or other special event that in the
absence of a waiver might cause the premises to qualify as a
nightclub. The commission may not grant a licensed premises more
than one waiver annually. A waiver must be for a single period
not to exceed five days in length. The commission may charge a
fee for a waiver under this subsection, not to exceed the fee
amount for issuance of a special-events brewery-public house
license.
  (4) The commission may adopt rules establishing requirements
for nightclub endorsement applications. The application must
include, but need not be limited to, a proposed safety and
security plan for the licensed premises and a written
recommendation from the governing body of the city having
jurisdiction over the premises or, if none, the county having
jurisdiction over the premises. The commission shall take the
written recommendation into consideration before granting or
refusing an endorsement. The commission may charge a fee for the
application, not to exceed $_____. Upon receiving a properly
submitted application for a nightclub endorsement, the commission
shall schedule the matter for a public hearing.
  (5) The commission shall adopt rules establishing required
elements for an approved safety and security plan features for
licensed premises that hold nightclub endorsements. The plan
elements shall include, at a minimum, requirements for:
  (a) Meeting minimum levels of staffing for food service and
security personnel;
  (b) Providing incentives designed to encourage the consumption
of food with alcoholic beverages;
  (c) Monitoring behavior to detect and remedy situations that
may compromise the safety and security of the persons entering,
present at or leaving the premises;
  (d) Taking reasonable measures for the prevention of serious or
persistent adverse impacts on surrounding properties from
behaviors described in ORS 471.315 (1)(c); and
  (e) Complying with any audit and record keeping requirements
specified by the commission.
  (6) The commission may establish annual fees for a nightclub
endorsement. An annual nightclub endorsement fee is in addition
to any fee for a full on-premises sales license or limited
on-premises sales license. + }
  SECTION 3.  { + (1) The Oregon Liquor Control Commission shall
make nightclub endorsements available for issuance to licensees
on or before January 1, 2014.
  (2) Section 2 (2) of this 2013 Act becomes operative July 1,
2014. + }
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