Bill Text: OR SB698 | 2011 | Regular Session | Introduced

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Bill Title: Relating to threats to public safety involving premises licensed for the sale of alcoholic beverages; declaring an emergency.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB698 Detail]

Download: Oregon-2011-SB698-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1970

                         Senate Bill 698

Sponsored by Senator DINGFELDER, Representative KOTEK; Senators
  MONNES ANDERSON, MONROE

                             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 city to order cessation of alcoholic beverage sales or
other operations at premises licensed for full or limited
on-premises sales or as brewery-public house upon reasonable
belief that continued sales or operation are immediate threat to
public safety.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to threats to public safety involving premises licensed
  for the sale of alcoholic beverages; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 471. + }
  SECTION 2.  { + (1) Notwithstanding ORS 471.730, a city
governing body or an authorized representative or designee of a
city governing body may order the cessation of alcoholic beverage
sales or of other operations at a premises licensed for full or
limited on-premises sales or as a brewery-public house for a
period not exceeding 72 hours if the governing body,
representative or designee determines that the continuation of
sales or operations at the premises would constitute an immediate
threat to public safety based upon a reasonable belief that an
offense listed in subsection (2) of this section involved patrons
of the premises, occurred in the immediate vicinity of the
premises, was related to the sale or service of alcohol at the
premises and occurred within 24 hours prior to issuance of the
order.
  (2) Subsection (1) of this section applies for the following
offenses:
  (a) ORS 163.005 or 163.095;
  (b) ORS 163.165, 163.175 or 163.185;
  (c) ORS 163.225 or 163.235;
  (d) ORS 163.375, 163.405 or 163.411;
  (e) ORS 166.220, 166.250 or 166.270; or
  (f) Any provision of ORS 475.840 or 475.846 to 475.894.
  (3) The power of a city under subsection (1) of this section is
in addition to any other regulatory action or sanctions that may
lawfully be taken by the city or by the Oregon Liquor Control
Commission. + }
  SECTION 3.  { + Section 2 of this 2011 Act applies to offenses
that a city governing body, authorized representative or designee
reasonably believes to have occurred on or after the effective
date of this 2011 Act. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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