Bill Text: OR HB2885 | 2013 | Regular Session | Introduced
Bill Title: Relating to license fee moneys collected by the Oregon Liquor Control Commission; appropriating money; prescribing an effective date; providing for revenue raising that requires approval by a three-fifths majority.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2885 Detail]
Download: Oregon-2013-HB2885-Introduced.html
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 237 House Bill 2885 Sponsored by COMMITTEE ON RULES 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. Establishes license fee surcharges for full on-premises sales, limited on-premises sales and off-premises sales licenses for alcoholic beverages. Dedicates surcharges for payment to cities or counties for public safety purposes. Applies to licenses authorizing alcoholic beverage sales during periods that begin on or after January 1, 2014. Takes effect on 91st day following adjournment sine die. A BILL FOR AN ACT Relating to license fee moneys collected by the Oregon Liquor Control Commission; creating new provisions; amending ORS 471.311 and 471.810; appropriating money; prescribing an effective date; and providing for revenue raising that requires approval by a three-fifths majority. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 471.311 is amended to read: 471.311. (1) Any person desiring a license or renewal of a license under this chapter shall make application to the Oregon Liquor Control Commission upon forms to be furnished by the commission showing the name and address of the applicant, location of the place of business that is to be operated under the license, and such other pertinent information as the commission may require. No license shall be granted or renewed until the applicant has complied with the provisions of this chapter and the rules of the commission. (2) The commission may reject any application that is not submitted in the form required by rule. The commission shall give applicants an opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS chapter 183. (3) Subject to subsection (4) of this section, the commission shall assess a nonrefundable fee for processing a renewal application for any license authorized by this chapter only if the renewal application is received by the commission less than 20 days before expiration of the license. If the renewal application is received prior to expiration of the license but less than 20 days prior to expiration, this fee shall be 25 percent of the annual license fee. If a renewal application is received by the commission after expiration of the license but no more than 30 days after expiration, this fee shall be 40 percent of the annual license fee. This subsection does not apply to a certificate of approval, a brewery-public house license or any license that is issued for a period of less than 30 days. (4) The commission may waive the fee imposed under subsection (3) of this section if it finds that failure to submit a timely application was due to unforeseen circumstances or to a delay in processing the application by the local governing authority that is no fault of the licensee. (5) The license fee is nonrefundable and shall be paid by each applicant upon the granting or committing of a license. { - Subject to ORS 471.155 and 473.065, the annual or daily license fee and the minimum bond required of each class of license under this chapter are as follows: - } { + (6) Subject to ORS 471.155 and 473.065, for the following classes of licenses and permits issued by the commission, the annual fees and minimum bond requirements are: + } _________________________________________________________________ ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Minimum License Fee Bond ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Brewery, including Certificate ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ of Approval $ 500 $1,000 ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Winery $ 250 $1,000 Distillery $ 100 None Wholesale Malt Beverage ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ and Wine $ 275 $1,000 ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Warehouse $ 100 $1,000 ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Special events winery license $ 10 per day Brewery-Public House, ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ including Certificate of Approval $ 250 $1,000 Limited On-Premises Sales $ 200 None Off-Premises Sales $ 100 None ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Temporary Sales $ 50 per day ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Grower Sales Privilege License $ 250 $1,000 ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Special events grower sales privilege license $ 10 per day ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Special events brewery-public house license $ 10 per day ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Special events distillery license $ 10 per day ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Wine Self-Distribution Permit $ 100 $1,000 ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ { + (7) For the following licenses issued by the commission, the daily fees are: + } ________________________________________________________________ ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Special Events Winery ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ License $ 10 ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Temporary Sales $ 50 ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Special Events Grower ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Sales Privilege License $ 10 ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Special Events ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Brewery-Public House License $ 10 ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Special Events ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ Distillery License $ 10 ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ________________________________________________________________ { + (8)(a) A bond is not required for a full on-premises sales license. Except as otherwise provided in this subsection, the annual fee for a full on-premises sales license is $400. (b) If the gross dollar volume of alcoholic beverage sales at the premises under the privileges of the same class of license during the preceding year was more than $___ and not more than $___, the annual fee for a full on-premises sales license is the amount described in paragraph (a) of this subsection plus a surcharge of $400. (c) If the gross dollar volume of alcoholic beverage sales at the premises under the privileges of the same class of license during the preceding year was more than $___, the annual fee for a full on-premises sales license is the amount described in paragraph (a) of this subsection plus a surcharge of $1,100. (d) Notwithstanding paragraphs (a) to (c) of this subsection, the annual fee for a full on-premises sales license is $200 if the license is held by a nonprofit private club as described in ORS 471.175 (8) or a nonprofit or charitable organization that is registered with the state. Subsection (11) of this section does not apply to a licensee described in this paragraph. (9)(a) A bond is not required for a limited on-premises sales license. Except as otherwise provided in this subsection, the annual fee for a limited on-premises sales license is $200. (b) If the gross dollar volume of alcoholic beverage sales at the premises under the privileges of the same class of license during the preceding year was more than $___ and not more than $___, the annual fee for a limited on-premises sales license is the amount described in paragraph (a) of this subsection plus a surcharge of $200. (c) If the gross dollar volume of alcoholic beverage sales at the premises under the privileges of the same class of license during the preceding year was more than $___, the annual fee for a limited on-premises sales license is the amount described in paragraph (a) of this subsection plus a surcharge of $600. (10)(a) A bond is not required for an off-premises sales license. Except as otherwise provided in this subsection, the annual fee for an off-premises sales license is $100. (b) If the gross dollar volume of alcoholic beverage sales at the premises under the privileges of the same class of license during the preceding year was more than $25,000 and not more than $50,000, the annual fee for an off-premises sales license is the amount described in paragraph (a) of this subsection plus a surcharge of $100. (c) If the gross dollar volume of alcoholic beverage sales at the premises under the privileges of the same class of license during the preceding year was more than $50,000 and not more than $100,000, the annual fee for an off-premises sales license is the amount described in paragraph (a) of this subsection plus a surcharge of $200. (d) If the gross dollar volume of alcoholic beverage sales at the premises under the privileges of the same class of license during the preceding year was more than $100,000 and not more than $150,000, the annual fee for an off-premises sales license is the amount described in paragraph (a) of this subsection plus a surcharge of $400. (e) If the gross dollar volume of alcoholic beverage sales at the premises under the privileges of the same class of license during the preceding year was more than $150,000 and not more than $250,000, the annual fee for an off-premises sales license is the amount described in paragraph (a) of this subsection plus a surcharge of $900. (f) If the gross dollar volume of alcoholic beverage sales at the premises under the privileges of the same class of license during the preceding year was more than $250,000, the annual fee for an off-premises sales license is the amount described in paragraph (a) of this subsection plus a surcharge of $1,400. (11) The commission may require that a premises licensed under subsection (8), (9) or (10) of this section maintain a record of gross dollar volume of alcoholic beverage sales at the premises under the privileges of the license in a form the commission deems expedient for purposes of administering this section. If a premises licensed for full on-premises sales is also a brewery-public house licensee, for purposes of subsection (8) of this section all retail sales of alcoholic beverages at the premises are under the privileges of the full on-premises sales license. (12) If the annual license fee paid for a full on-premises sales license, limited on-premises sales license or off-premises sales license includes a surcharge described in subsection (8)(b) or (c), (9)(b) or (c) or (10)(b) to (f) of this section, the commission shall identify the incorporated city, or if none the county, in which the licensed premises is located. The commission shall keep a record for each incorporated city or county identified under this subsection showing the total surcharge amount paid by licensed premises within the city or county. The commission may reduce the total surcharge amount recorded for a city or county by a proportionate share of the actual direct costs to the commission of establishing and maintaining the surcharge record system. The commission may not reduce the total surcharge amount recorded for a city or county to cover overhead or other indirect or administrative expenses of the commission. When certifying to the State Treasurer the amount of moneys available for distribution under ORS 471.810, the commission shall notify the State Treasurer and the Oregon Department of Administrative Services of each total surcharge amount recorded for a city or county that is included in the moneys available for payment under ORS 471.810. + } { - (6) - } { + (13) + } The fee for a certificate of approval or special certificate of approval granted under ORS 471.244 is nonrefundable and must be paid by each applicant upon the granting or committing of a certificate of approval or special certificate of approval. No bond is required for the granting of a certificate of approval or special certificate of approval. Certificates of approval are valid for a period commencing on the date of issuance and ending on December 31 of the fifth calendar year following the calendar year of issuance. The fee for a certificate of approval is $175. Special certificates of approval are valid for a period of 30 days. The fee for a special certificate of approval is $10. { - (7) Except as provided in subsection (8) of this section, the annual license fee for a full on-premises sales license is $400. No bond is required for any full on-premises sales license. - } { - (8) The annual license fee for a full on-premises sales license held by a nonprofit private club as described in ORS 471.175 (8), or held by a nonprofit or charitable organization that is registered with the state, is $200. - } { - (9) The annual fee for a wine self-distribution permit is $100, and the minimum bond is $1,000. - } SECTION 2. ORS 471.810 is amended to read: 471.810. (1) At the end of each month, the Oregon Liquor Control Commission shall certify the amount of moneys available for distribution in the Oregon Liquor Control Commission Account and, after withholding such moneys as it may deem necessary to pay its outstanding obligations, shall within 35 days of the month for which a distribution is made direct the State Treasurer to pay the amounts due, upon warrants drawn by the Oregon Department of Administrative Services, as follows: (a) Fifty-six percent, or the amount remaining after the distribution under subsection (4) of this section, credited to the General Fund available for general governmental purposes wherein it shall be considered as revenue during the quarter immediately preceding receipt; (b) Twenty percent to the cities of the state in such shares as the population of each city bears to the population of the cities of the state, as determined by the State Board of Higher Education last preceding such apportionment, under ORS 190.510 to 190.610; (c) Ten percent to counties in such shares as their respective populations bear to the total population of the state, as estimated from time to time by the State Board of Higher Education; and (d) Fourteen percent to the cities of the state to be distributed as provided in ORS 221.770 and this section. (2) The commission shall direct the Oregon Department of Administrative Services to transfer 50 percent of the revenues from the taxes imposed by ORS 473.030 and 473.035 to the Mental Health Alcoholism and Drug Services Account in the General Fund to be paid monthly as provided in ORS 430.380. (3) If the amount of revenues received from the taxes imposed by ORS 473.030 for the preceding month was reduced as a result of credits claimed under ORS 473.047, the commission shall compute the difference between the amounts paid or transferred as described in subsections (1)(b), (c) and (d) and (2) of this section and the amounts that would have been paid or transferred under subsections (1)(b), (c) and (d) and (2) of this section if no credits had been claimed. The commission shall direct the Oregon Department of Administrative Services to pay or transfer amounts equal to the differences computed for subsections (1)(b), (c) and (d) and (2) of this section from the General Fund to the recipients or accounts described in subsections (1)(b), (c) and (d) and (2) of this section. (4) Notwithstanding subsection (1) of this section, no city or county shall receive for any fiscal year an amount less than the amount distributed to the city or county in accordance with ORS 471.350 (1965 Replacement Part), 471.810, 473.190 and 473.210 (1965 Replacement Part) during the 1966-1967 fiscal year unless the city or county had a decline in population as shown by its census. If the population declined, the per capita distribution to the city or county shall be not less than the total per capita distribution during the 1966-1967 fiscal year. Any additional funds required to maintain the level of distribution under this subsection shall be paid from funds credited under subsection (1)(a) of this section. { + (5) Notwithstanding subsection (1) of this section, if the commission notifies the State Treasurer and the Oregon Department of Administrative Services under ORS 471.311 (12) that the amount of moneys certified as available for distribution includes a surcharge amount recorded for a city or county, the surcharge amount is not subject to warrant and payment under subsection (1) of this section. The commission shall within 35 days of the month for which a distribution is made direct the State Treasurer to pay the city or county the surcharge amount recorded under ORS 471.311 (12) for the city or county upon warrant drawn by the department. A city or county may expend moneys received by the city or county under this subsection only for purposes of providing public safety services. + } SECTION 3. { + The amendments to ORS 471.311 by section 1 of this 2013 Act apply to a license that the Oregon Liquor Control Commission issues to authorize alcoholic beverage sales during a licensing period that begins on or after January 1, 2014. + } SECTION 4. { + This 2013 Act takes effect on the 91st day after the date on which the 2013 regular session of the Seventy-seventh Legislative Assembly adjourns sine die. + } ----------