Bill Text: OR HB3256 | 2013 | Regular Session | Introduced

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Bill Title: Relating to agreements by licensees of the Oregon Liquor Control Commission.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3256 Detail]

Download: Oregon-2013-HB3256-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 3399

                         House Bill 3256

Sponsored by Representative FREDERICK; Representatives BUCKLEY,
  DEMBROW, GORSEK, GREENLICK, KENY-GUYER, KOMP, LIVELY,
  NATHANSON, TOMEI, WITT

                             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 parties to good neighbor agreement to file agreement
with Oregon Liquor Control Commission. Specifies effect of
commission licensee compliance or noncompliance with agreement
for purposes of commission proceeding to determine whether to
suspend or cancel license or impose civil penalty. Requires
commission to allow neighborhood association or local government
that is party to agreement to present testimony or other evidence
in proceeding to determine whether to cancel or suspend license
or impose civil penalty.
  Requires commission to give notice and request comments by
known parties to agreement when considering application for
renewal of license.

                        A BILL FOR AN ACT
Relating to agreements by licensees of the Oregon Liquor Control
  Commission; creating new provisions; and amending ORS 471.315.
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:
  (a) 'Good neighbor agreement' means an agreement or any
modification or addendum to an agreement:
  (A) That a licensee of the Oregon Liquor Control Commission
enters into with a neighborhood association, a local government
or both a neighborhood association and a local government;
  (B) That is consistent with the provisions of this chapter and
commission rules; and
  (C) That sets forth actions and conditions that, if carried out
by the licensee, the parties to the agreement deem sufficient to
prevent or mitigate adverse impacts to the neighborhood arising
from the operation of a premises by the licensee.
  (b) 'Neighborhood association' means an organization recognized
by a local government as being formed for the purpose of
benefiting and promoting the well-being of residents within an
area by action or advocacy regarding matters of general interest
to the residents of the area.
  (2) If a licensee of the commission enters into a good neighbor
agreement:

  (a) Any party to the agreement may file the agreement with the
commission.
  (b) The licensee's compliance with the agreement is prima facie
evidence for purposes of ORS 471.315 that the licensee has
demonstrated a willingness and ability to adequately control the
licensed premises and patron behavior in the immediate vicinity
of the premises related to the licensee's sale or service of
alcohol under the licensee's exercise of the license privilege.
There is a rebuttable presumption that the licensee has complied
with the terms of the agreement.
  (c) The licensee's substantial or persistent noncompliance with
the agreement is grounds for sanctions against the licensee under
ORS 471.315 and is prima facie evidence for purposes of ORS
471.315 that the licensee is unwilling or unable to adequately
control the licensed premises and patron behavior in the
immediate vicinity of the premises related to the licensee's sale
or service of alcohol under the licensee's exercise of the
license privilege.  The commission shall afford a neighborhood
association or local government that is a party to the agreement
the opportunity to present testimony or other evidence at any
commission proceeding held for the purpose of determining whether
to cancel or suspend the license or impose a civil penalty
against the licensee. In any commission proceeding to determine
whether to grant an application for the renewal of a license, the
commission shall give notice to and request recommendations or
other comments by any neighborhood association or local
government known to the commission to have entered into a good
neighbor agreement with the licensee.
  (d) In addition to any other remedy available, a neighborhood
association or local government that is a party to the agreement
may file a request with the commission for an order requiring the
licensee to participate in mediation or binding arbitration to
resolve disputes arising under the agreement.
  (3) The officers of a neighborhood association are deemed the
representatives of the association for purposes of this
section. + }
  SECTION 3. 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 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.
   { +  (K) Has substantially or persistently failed to comply
with the terms of a good neighbor agreement filed with the
commission under section 2 of this 2013 Act. + }
  (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 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 grounds for cancellation or suspension of a
license under this section, where so related to the sale or
service of alcohol, includes but is not limited to obtrusive or
excessive noise, music or sound vibrations; public drunkenness;
fights; altercations; harassment or unlawful drug sales; alcohol
or related litter; trespassing on private property; and 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 there is any other reason that, in the opinion of the
commission, based on public convenience or necessity, warrants
canceling or suspending such license.
  (2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
  SECTION 4.  { + Section 2 of this 2013 Act and the amendments
to ORS 471.315 by section 3 of this 2013 Act apply to:
  (1) Good neighbor agreements entered into, added to or modified
on or after the effective date of this 2013 Act; and
  (2) With the written consent of all parties to the agreement,
good neighbor agreements entered into before the effective date
of this 2013 Act. + }
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