Bill Text: OR SB468 | 2013 | Regular Session | Introduced
Bill Title: Relating to alcohol impact areas; declaring an emergency.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB468 Detail]
Download: Oregon-2013-SB468-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 1986
Senate Bill 468
Sponsored by Senator DINGFELDER, Representative TOMEI; Senators
MONNES ANDERSON, MONROE, SHIELDS, Representatives DOHERTY,
FREDERICK, KENY-GUYER
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 process for Oregon Liquor Control Commission to
adopt rule declaring alcohol impact area upon petition by
municipality. Establishes processes for granting exemptions and
for review of rule.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to alcohol impact areas; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2013 Act are added to
and made a part of ORS chapter 471. + }
SECTION 2. { + As used in sections 3 to 5 of this 2013 Act, '
municipality' means a city or county as represented by its
governing body or a designee. + }
SECTION 3. { + (1) A municipality that has complied with this
subsection may file a petition with the Oregon Liquor Control
Commission requesting that the commission adopt rules
establishing an alcohol impact area within the municipality.
Prior to filing the petition with the commission, the
municipality must provide an opportunity for public comment for
the purpose of identifying voluntary actions that businesses and
residents in the area affected by the petition may take to
address chronic problems in the area involving disturbances,
prohibited drinking on public streets or in alleys, parks or
similar public places, public intoxication or noise. The
opportunity for public comment must include an opportunity for
any business in the affected area to explain why the business
should be exempt from any requirement, limitation or prohibition
regarding alcohol sales that the municipality is considering for
inclusion in a petition to the commission.
(2) A petition that a municipality files with the commission
under this section must:
(a) Describe the opportunity provided by the municipality for
public comment under subsection (1) of this section;
(b) Provide documentation of chronic problems in the requested
alcohol impact area involving disturbances, prohibited drinking
on public streets or in alleys, parks or similar public places,
public intoxication or noise that cannot readily be attributed to
a particular licensed premises;
(c) Identify proposed uniform requirements, limitations or
prohibitions regarding alcohol sales in the area; and
(d) Explain why the proposed limitations and prohibitions are
expected to alleviate or eliminate the documented problems in the
area.
(3) Documentation required under subsection (2)(b) of this
section may include, but need not be limited to, crime
statistics, police records, detoxification center statistics or
other documentation acceptable to the commission that establishes
the nature and extent of the problems.
(4) If the commission receives a petition filed in compliance
with this section, the commission shall initiate proceedings
under ORS chapter 183 to determine whether to adopt a rule
establishing an alcohol impact area.
(5) If the commission adopts a rule establishing an alcohol
impact area, the commission shall determine and identify the
boundaries of the area. The commission may determine and identify
boundaries for an alcohol impact area that differ from the
boundaries contained in the petition filed by the municipality.
Notwithstanding ORS 471.175, 471.178, 471.186, 471.200, 471.220
and 471.223, the rule establishing the alcohol impact area may
impose any uniform requirements, limitations or prohibitions
regarding alcohol sales in the area that the commission believes
may alleviate or eliminate documented problems in the area,
including, but not limited to, limitations on off-premises sales
or on hours of alcohol sales. The rule may impose uniform
requirements, limitations or prohibitions that differ from the
proposed uniform requirements, limitations or prohibitions
contained in the petition filed by the municipality.
(6) For purposes of ORS 471.313, 471.315, 471.322 and 471.327,
a violation of any limitation, restriction, condition,
prohibition or requirement that the commission imposes within an
alcohol impact area is a violation of the rule establishing the
alcohol impact area.
(7) Notwithstanding subsection (5) of this section, the
commission may not establish an alcohol impact area, determine
and identify boundaries of the area or impose any requirement,
limitation or prohibition on alcohol sales within the area based
upon a consideration of the age, race, sex, disability, marital
status, national origin, sexual orientation, color or religion of
commission licensees having a licensed premises in the area or of
patrons of licensed premises in the area.
(8) The authority of the commission to establish an alcohol
impact area under this section is in addition to any other
authority of the commission to address serious and persistent
problems associated with alcohol. + }
SECTION 4. { + (1) If the Oregon Liquor Control Commission
establishes an alcohol impact area under section 3 of this 2013
Act, after all requirements, limitations and prohibitions imposed
by the rule regarding alcohol sales in the area have become
operative, a licensed premises within the area may file a request
with the commission seeking exemption from one or more of the
requirements, limitations or prohibitions. The petition must:
(a) Be in writing;
(b) Identify the requirements, limitations or prohibitions from
which the licensee is seeking exemption;
(c) Explain why the licensed premises of the licensee is
unlikely to have contributed to the past documented problems in
the area; and
(d) For each requirement, limitation or prohibition identified
in the exemption request, explain why the licensed premises of
the licensee are unlikely to contribute to documented problems in
the area in the future if the exemption is granted.
(2) A licensee seeking an exemption under this section bears
the burden of demonstrating that it is unlikely the licensed
premises contributed to the past documented problems in the area
and that the licensed premises are unlikely to contribute to
future problems in the area if one or more of the requested
exemptions are granted.
(3) The commission shall provide notice of an exemption
requested under this section to the municipality that petitioned
for establishment of the alcohol impact area. The commission
shall allow the municipality a reasonable opportunity to comment
on the requested exemption.
(4) The commission may refuse an exemption or may grant all or
part of a requested exemption. An exemption from an alcohol
impact area requirement, limitation or prohibition expires after
one year unless the licensee files a request to renew the
exemption. A licensee filing a request to renew an exemption
under this section bears the burden of demonstrating that it is
unlikely the licensed premises contributed to documented problems
in the area during the most recent exemption period and that the
licensed premises are unlikely to contribute to future problems
in the area if the exemption is renewed. The commission may
refuse to renew the exemption or may renew all or part of the
exemption previously granted to the licensee. + }
SECTION 5. { + (1) One year after all requirements,
limitations and prohibitions imposed by a rule establishing an
alcohol impact area have become operative, and at any other times
that the Oregon Liquor Control Commission in its discretion may
deem appropriate, the commission shall review the rule
establishing the area. The commission shall provide an
opportunity for public comment regarding whether the rule
establishing the area should continue in effect, be amended or be
repealed. In addition to any other notice of the opportunity for
public comment, the commission shall make a reasonable effort to
give notice of the opportunity to:
(a) The municipality that petitioned for establishment of the
area;
(b) The commission licensees having a licensed premises in the
area;
(c) Any neighborhood or business associations known to the
commission and serving all or part of the area; and
(d) Any person that submitted comments or testified during the
rule adoption process that resulted in establishment of the area.
(2) After the commission closes the opportunity for public
comment, the commission shall decide whether it is appropriate to
amend or repeal the rule establishing the area. If the commission
decides to amend or repeal the rule, the commission shall
initiate rule making as provided under ORS chapter 183. + }
SECTION 6. { + Section 3 of this 2013 Act applies to petitions
filed with the Oregon Liquor Control Commission on or after the
effective date of this 2013 Act. + }
SECTION 7. { + Any rule adopted by the Oregon Liquor Control
Commission prior to the effective date of this 2013 Act that
established an alcohol impact area shall be treated in the same
manner as a rule adopted in compliance with section 3 of this
2013 Act. However, section 3 (6) of this 2013 Act does not affect
the validity of any civil penalty or other sanction imposed by
the commission for a rule violation occurring prior to the
effective date of this 2013 Act. No later than one year after the
effective date of this 2013 Act, the commission shall conduct a
review as provided in section 5 of this 2013 Act of any rules
establishing an alcohol impact area prior to the effective date
of this 2013 Act. + }
SECTION 8. { + Section 7 of this 2013 Act is repealed January
2, 2017. + }
SECTION 9. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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