Bill Text: OR HB2885 | 2013 | Regular Session | Introduced

Oregon House Bill 2885 (Prior Session Legislation)

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

Brewery, including Certificate

of Approval $ 500 $1,000

Winery $ 250 $1,000
Distillery $ 100 None
Wholesale Malt Beverage

and Wine $ 275 $1,000

Warehouse $ 100 $1,000

Special events winery
license $ 10 per day

Brewery-Public House,

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

Grower Sales Privilege
License $ 250 $1,000

Special events grower
sales privilege
license $ 10 per day

Special events
brewery-public house
license $ 10 per day

____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

Special events
distillery
license $ 10 per day

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: + }
________________________________________________________________

Special Events Winery

License $ 10

Temporary Sales $ 50

Special Events Grower

Sales Privilege
License $ 10

Special Events

Brewery-Public House
License $ 10

Special Events

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. + }
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