Bill Text: OR HB3470 | 2013 | Regular Session | Introduced

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Bill Title: Relating to mobile premises for the dispensing of alcoholic beverages.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3470 Detail]

Download: Oregon-2013-HB3470-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 3841

                         House Bill 3470

Sponsored by Representative WEIDNER

                             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 brewery-public house licensee or winery licensee to
operate mobile premises for purpose of dispensing securely
covered containers of alcoholic beverages from parked premises.

                        A BILL FOR AN ACT
Relating to mobile premises for the dispensing of alcoholic
  beverages; creating new provisions; and amending ORS 471.159.
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, 'mobile premises '
means a motor vehicle or trailer, both as defined in the Oregon
Vehicle Code:
  (a) That is not licensed under ORS chapter 624; and
  (b) In which all alcoholic beverages, containers, dispensing
equipment and dispensing activities are located in enclosed areas
of the motor vehicle or trailer.
  (2) In addition to any privileges described in ORS 471.200 or
471.223, the holder of a brewery-public house license or winery
license may operate a mobile premises for the purpose of selling
malt beverages, wine or cider in securely covered containers
supplied by the licensee or the customer having capacities of not
more than two gallons each. A mobile premises may be used for
selling alcoholic beverages only when parked on private property
with the permission of a person in lawful possession of the
property or at a special event licensed by the Oregon Liquor
Control Commission.
  (3) The brewery-public house licensee or winery licensee must
have the mobile premises inspected and approved by the commission
prior to using the mobile premises for the purposes described in
subsection (2) of this section. A mobile premises is subject to
periodic inspection at the same time as the licensed
brewery-public house or winery premises and at other times as the
commission deems appropriate. The commission may adopt rules
establishing reasonable fees for the inspection or reinspection
of a mobile premises.
  (4) Unless exempted by the commission, a mobile premises is
subject to the commission rules applicable to the brewery-public
house or winery premises of the licensee. The commission may
adopt additional or different rules governing the operation of a
mobile premises, including but not limited to rules specifying
the number of mobile premises that a licensee may operate, mobile
premises design standards, hours of operation, minimum container
sizes and sales location requirements.
  (5) The commission may withdraw the approval of a mobile
premises for violation of any rule adopted under this chapter. A
mobile premises is a part of the licensed premises of the
brewery-public house or winery licensee and is subject to any
license cancellation, suspension or other sanctions that the
commission imposes against the premises. + }
  SECTION 3. ORS 471.159 is amended to read:
  471.159. (1) The Oregon Liquor Control Commission may not
license a location that does not have defined boundaries.
  (2) A licensed premises need not be enclosed by a wall, fence
or other structure, but the commission may require that any
licensed premises be enclosed as a condition of issuing or
renewing a license.
  (3) Except as provided in ORS 471.182 { +  and section 2 of
this 2013 Act + }, the commission may not license premises that
are mobile.
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