Bill Text: OR SB700 | 2011 | Regular Session | Introduced

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Bill Title: Relating to addressing the impacts of alcoholic beverages; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB700 Detail]

Download: Oregon-2011-SB700-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 1976

                         Senate Bill 700

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 Oregon Liquor Control Commission to place restrictions
on activities at licensed premises if commission has grounds to
believe certain conditions exist. Allows commission to refuse
license if commission reasonably believes granting license would
pose threat to public safety. Allows commission to suspend or
revoke license upon finding or having grounds for believing
continued operations at licensed premises would pose threat to
public safety.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to addressing the impacts of alcoholic beverages;
  creating new provisions; amending ORS 471.313 and 471.315; 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) As used in this section, 'serious physical
injury' has the meaning given that term in ORS 161.015.
  (2) Notwithstanding ORS 471.175, 471.178, 471.186, 471.200,
471.220, 471.223, 471.230 or 471.242, the Oregon Liquor Control
Commission may issue an order placing restrictions on the
activities at a premises licensed under ORS 471.175, 471.178,
471.186, 471.200, 471.220, 471.223, 471.230 or 471.242 if the
commission has reasonable grounds to believe any of the following
to be true:
  (a) That the premises location does not comply with local or
state laws or rules related to public safety or the fire and life
safety code or with regulations of a governmental subdivision
described in ORS 476.030.
  (b) That problems related to noise, disturbances or unlawful
activity exist in the area of the premises location.
  (c) That there is a past history of or current presence of
problems related to noise, disturbances or unlawful activity
connected with the sale or service of alcoholic beverages:
  (A) At the premises;
  (B) At other premises of the licensee; or
  (C) At other premises under the same management.
  (3) In determining whether a problem described in subsection
(2)(b) of this section exists in an area or whether a problem in
the area may be aggravated by the sale of alcoholic beverages at
the premises, the commission may consider any recommendations
made by a local government having jurisdiction in that area.
However, the commission shall allow the applicant or licensee the
opportunity to respond to a recommendation by local government
that is considered by the commission.
  (4) For purposes of subsection (2)(c) of this section, it is
reasonable grounds for inferring that a premises has a past
history of or current presence of problems related to noise,
disturbances or unlawful activity if any of the following occurs
at that premises within a one-year period:
  (a) Six or more incidents involving injuries that do not create
a substantial risk of death;
  (b) Twelve or more incidents involving unruly or unlawful
behavior;
  (c) One or more incidents involving serious physical injury or
death, plus three or more incidents involving injuries that do
not create a substantial risk of death;
  (d) One or more incidents involving serious physical injury or
death, plus six or more incidents involving unruly or unlawful
behavior;
  (e) Two or more incidents involving injuries that do not create
a substantial risk of death, plus eight or more incidents
involving unruly or unlawful behavior;
  (f) One or more incidents involving injuries that do not create
a substantial risk of death, plus 10 or more incidents involving
unruly or unlawful behavior; or
  (g) One or more incidents involving serious physical injury or
death, plus two or more incidents involving injuries that do not
create a substantial risk of death, and three or more incidents
involving unruly or unlawful behavior.
  (5) Any restriction that the commission places on activities at
a licensed premises under this section must be narrowly tailored
to address the noncompliance or problem identified by the
commission. + }
  SECTION 3. 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.
   { +  (a) + }   { - Behavior which is - }  { +  Problems that
are + } grounds for refusal of a license under this
 { - section - }  { +  subsection + }, 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) For purposes of this subsection,  + }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 - }  { +  by 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.
   { +  (6) That granting the license would pose a threat to
public safety.
  (a) In addition to any other reasonable grounds for belief, the
commission has reasonable grounds to believe that granting the
license would pose a threat to public safety if two or more
incidents described in paragraph (b) of this subsection:
  (A) Have occurred at the premises since 12 months prior to the
license application date; or
  (B) Involved patrons of the premises, occurred in the immediate
vicinity of the premises, were related to the sale or service of
alcohol at the premises and have occurred since 12 months prior
to the license application date.
  (b) Incidents are grounds for a reasonable belief under this
subsection if the incidents involved one or more of 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. + }
  SECTION 4. 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 - }  { +  grounds + } 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 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) { + (A) + } 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 - }  { +  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) For purposes of this paragraph,  + }mitigating
factors include a showing by the licensee that the problems are
not serious or persistent or   { - that the licensee has
demonstrated - }  { +  by demonstrating + } 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.
   { +  (d) That continued operations at the licensed premises
would pose a threat to public safety.
  (A) In addition to any other basis for a finding or belief, the
commission has grounds to find or believe that continued
operations would pose a threat to public safety if two or more
incidents described in subparagraph (B) of this paragraph:
  (i) Have occurred at the premises since 12 months prior to
action by the commission, or later; or
  (ii) Involved patrons of the premises, occurred in the
immediate vicinity of the premises, were related to the sale or
service of alcohol at the premises and have occurred since 12
months prior to action by the commission.
  (B) Incidents are grounds for a finding or belief under this
paragraph if the incidents involved one or more of the following
offenses:
  (i) ORS 163.005 or 163.095;
  (ii) ORS 163.165, 163.175 or 163.185;
  (iii) ORS 163.225 or 163.235;
  (iv) ORS 163.375, 163.405 or 163.411;
  (v) ORS 166.220, 166.250 or 166.270; or
  (vi) Any provision of ORS 475.840 or 475.846 to 475.894. + }
    { - (d) - }  { +  (e) + } 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.
  SECTION 5.  { + Section 2 of this 2011 Act and the amendments
to ORS 471.313 and 471.315 by sections 3 and 4 of this 2011 Act
apply with regard to incidents occurring before, on or after the
effective date of this 2011 Act. + }
  SECTION 6.  { + 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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