Bill Text: OR HB2716 | 2011 | Regular Session | Introduced
Bill Title: Relating to alcoholic beverages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2716 Detail]
Download: Oregon-2011-HB2716-Introduced.html
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 2449
House Bill 2716
Sponsored by Representative TOMEI (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 city or county to adopt limits on number or density of
premises within city or county, or within specific areas of city
or county, that Oregon Liquor Control Commission may license for
full or limited on-premises sales or off-premises sales of
alcoholic beverages or as brewery-public house.
A BILL FOR AN ACT
Relating to alcoholic beverages; creating new provisions; and
amending ORS 471.313.
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) A city or county may adopt limits on the
number or density of premises within the city or county, or
within specific areas of the city or county, that the Oregon
Liquor Control Commission may license for full on-premises sales,
limited on-premises sales or off-premises sales or as a
brewery-public house.
(2) Subject to subsections (3) and (4) of this section, the
commission may not issue a full or limited on-premises sales
license, off-premises sales license or brewery-public house
license if issuance of the license would violate a limit adopted
by a city or county under this section.
(3) A limit adopted by a city or county under this section must
be delivered to the commission in written form, identify each
type of license being limited and state the maximum permissible
number or density for that type of license. A city or county may
change or rescind the limit by delivering written notice to the
commission. A limit, change or rescission shall take effect on
July 1 on or next following the date of receipt of the notice by
the commission.
(4) A limit adopted by a city or county under this section does
not apply to the following:
(a) The issuance of a license to a public passenger carrier
under ORS 471.182.
(b) The renewal of a license for a premises.
(c) The reinstatement of a suspended license.
(d) The issuance of a temporary authority or license upon a
change in ownership of an existing business that is a licensed
premises.
(e) A change in the location of a licensed premises, unless the
new location is subject to a limit that did not apply at the
former location.
(5) The commission shall provide a process ensuring that when
licensing opportunities become available within an area affected
by a city or county limit, applicants that have previously been
refused licensing solely because of a city or county limit are
allowed to reapply for licensing in the same order that their
previous applications were refused. + }
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 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 grounds for
refusal of a license under this section, where so related to the
sale or service of alcohol, includes, but is not limited to
obtrusive or excessive noise, music or sound vibrations; public
drunkenness; fights; altercations; harassment; unlawful drug
sales; alcohol or related litter; trespassing on private
property; and public urination. 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 a
willingness and ability to control adequately the premises
proposed to be licensed and patrons' behavior in the immediate
vicinity of the premises which is related to the licensee's sale
or service of alcohol under the licensee's exercise of the
license privilege.
{ + (6) That issuance of the license would exceed an
applicable city or county limit on licensed premises adopted
under section 2 of this 2011 Act. + }
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