Bill Text: OR SB1026 | 2010 | 1st Special Session | Introduced


Bill Title: Relating to Oregon Liquor Control Commission licensees.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Failed) 2010-02-25 - In committee upon adjournment. [SB1026 Detail]

Download: Oregon-2010-SB1026-Introduced.html


     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 56

                        Senate Bill 1026

Sponsored by Senator DINGFELDER, Representative KOTEK; Senators
  ROSENBAUM, SHIELDS, Representatives CANNON, DEMBROW, SCHAUFLER
  (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.

  Allows Oregon Liquor Control Commission to place restrictions
on license of premises that experiences specified problems for
purpose of preventing continuation of problems. Creates
exception.

                        A BILL FOR AN ACT
Relating to Oregon Liquor Control Commission licensees; amending
  ORS 471.313 and 471.315.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.313 is amended to read:
  471.313. The Oregon Liquor Control Commission may refuse to
license any applicant under the provisions of this chapter if the
commission has reasonable ground to believe any of the following
to be true:
  (1) That there are sufficient licensed premises in the locality
set out in the application, or that the granting of a license in
the locality set out in the application is not demanded by public
interest or convenience. In determining whether there are
sufficient licensed premises in the locality, the commission
shall consider seasonal fluctuations in the population of the
locality and shall ensure that there are adequate licensed
premises to serve the needs of the locality during the peak
seasons.
  (2) That the applicant has not furnished an acceptable bond as
required by ORS 471.311 or is not maintaining the insurance or
bond required by ORS 471.168.
  (3) That, except as allowed by ORS 471.392 to 471.400, any
applicant to sell at retail for consumption on the premises has
been financed or furnished with money or property by, or has any
connection with, or is a manufacturer of, or wholesale dealer in,
alcoholic liquor.
  (4) That the applicant:
  (a) Is in the habit of using alcoholic beverages, habit-forming
drugs or controlled substances to excess.
  (b) Has made false statements to the commission.
  (c) Is incompetent or physically unable to carry on the
management of the establishment proposed to be licensed.

  (d) Has been convicted of violating any of the alcoholic liquor
laws of this state, general or local, or has been convicted at
any time of a felony.
  (e) Has maintained an insanitary establishment.
  (f) Is not of good repute and moral character.
  (g) Did not have a good record of compliance with the alcoholic
liquor laws of this state and the rules of the commission when
previously licensed.
  (h) Is not the legitimate owner of the business proposed to be
licensed, or other persons have ownership interests in the
business which have not been disclosed.
  (i) Is not possessed of or has not demonstrated financial
responsibility sufficient to adequately meet the requirements of
the business proposed to be licensed.
  (j) Is unable to read or write the English language or to
understand the laws of Oregon relating to alcoholic liquor or the
rules of the commission.
  (5) That there is a history of serious and persistent problems
involving disturbances, lewd or unlawful activities or
noise { + , + } either in the premises proposed to be licensed or
involving patrons of the establishment in the immediate vicinity
of the premises { + , + } if the   { - activities - }  { +
problems + } in the immediate vicinity of the premises are
related to the sale or service of alcohol under the exercise of
the license privilege.   { - Behavior which is - }  { +  For the
purpose of addressing premises problems, the following apply:
  (a) Problems that are + } grounds for refusal of a license
under this section, where so related to the sale or service of
alcohol,
  { - includes, but is - }  { +  include but are + } not limited
to { + :
  (A) + } Obtrusive or excessive noise, music or sound
vibrations;
   { +  (B) + } Public drunkenness;
   { +  (C) + } Fights;
   { +  (D) + } Altercations;
   { +  (E) + } Harassment;
   { +  (F) + } Unlawful drug sales;
   { +  (G) + } Alcohol or related litter;
   { +  (H) + } Trespassing on private property; and
   { +  (I) + } Public urination.
   { +  (b) + } Histories from premises currently or previously
operated by the applicant may be considered when reasonable
inference may be made that similar activities will occur as to
the premises proposed to be licensed. The applicant may overcome
the history by showing that the problems are not serious or
persistent or   { - that the applicant demonstrates - }  { +
demonstrating + } a willingness and ability to control adequately
the premises proposed to be licensed and patrons' behavior in the
immediate vicinity of the premises
  { - which - }  { +  that + } is related to the licensee's sale
or service of alcohol under the licensee's exercise of the
license privilege.
   { +  (c) Except as provided in this paragraph, if a premises
is experiencing serious and persistent problems listed in
paragraph (a)(A) to (G) of this subsection but does not have a
history of those problems, the commission may place restrictions
on the license for the purpose of preventing the continuation of
the problems. This paragraph does not apply to an off-premises
sales license. + }
  SECTION 2. 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   { - it - }  { +  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) Knowingly has sold alcoholic liquor to persons under 21
years of age or to persons visibly intoxicated at the time of
sale or has knowingly allowed the consumption of alcoholic liquor
on the licensed premises by a person who is visibly intoxicated
at the time of consumption.
  (H) Has misrepresented to a customer or the public any
alcoholic liquor sold by the licensee.
  (I) 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.
  (b) That any person licensed to sell at retail for consumption
on the premises { + :
  (A) + } Is { + , or is + } acting as an agent of,   { - or
is - }  a manufacturer or wholesaler of alcoholic
liquors { + ; + }  { - , - }  or
   { +  (B) + } 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 - }  { +  of a
manufacturer or wholesaler of alcoholic liquor + }.
  (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 - }  { +  problems + } in the immediate vicinity
of the premises are related to the sale or service of alcohol
under the exercise of the license privilege.   { - Behavior which
is - }   { + For the purpose of addressing premises problems, the
following apply:
  (A) Problems that are + } grounds for cancellation or
suspension of a license under this section, where so related to
the sale or service of alcohol,   { - includes, but is - }  { +
include but are + } not limited to { + :
  (i) + } Obtrusive or excessive noise, music or sound
vibrations;
   { +  (ii) + } Public drunkenness;
   { +  (iii) + } Fights;
   { +  (iv) + } Altercations;
   { +  (v) + } Harassment { + ; + }   { - or - }
   { +  (vi) + } Unlawful drug sales;
   { +  (vii) + } Alcohol or related litter;
   { +  (viii) + } Trespassing on private property; and
   { +  (ix) + } Public urination.
   { +  (B) + } 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 - }  { +
that + } is related to the licensee's sale or service of alcohol
under the licensee's exercise of the license privilege.
   { +  (C) Except as provided in this subparagraph, if a
premises is experiencing serious and persistent problems listed
in subparagraph (A)(i) to (vii) of this paragraph but does not
have a history of those problems, the commission may place
restrictions on the license for the purpose of preventing the
continuation of the problems. This subparagraph does not apply to
an off-premises sales license. + }
  (d) That there is any other reason   { - which - }  { +
that + }, in the opinion of the commission, based on public
convenience or necessity, warrants canceling or suspending
 { - such - }  { +  the + } license.
  (2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
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