Bill Text: OR SB764 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to alcoholic beverages.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB764 Detail]

Download: Oregon-2011-SB764-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 3486

                         Senate Bill 764

Sponsored by COMMITTEE ON JUDICIARY

                             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.

  Authorizes Oregon Liquor Control Commission to adopt rule
declaring alcohol impact area upon petition by representative of
municipality having population of 50,000 or more persons.

                        A BILL FOR AN ACT
Relating to alcoholic beverages.
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 representative of a municipality having a
population of 50,000 or more persons may file with the Oregon
Liquor Control Commission a petition requesting that the
commission adopt rules establishing an alcohol impact area within
the municipality for the purpose of reducing serious and
persistent problems in the area involving disturbances, lewd or
unlawful activities or noise that cannot readily be attributed to
a particular licensed premises. The petition contents must
include the following:
  (a) Identification of the affected area.
  (b) Identification of premises licensed under ORS 471.175,
471.178, 471.186, 471.200, 471.220 and 471.223 that are located
within the affected area.
  (c) Crime statistics, police records, detoxification center
statistics or other documentation acceptable to the commission
that establish the nature and extent of the problems sought to be
remedied.
  (d) A statement of any prior or ongoing good faith efforts
undertaken by the municipality to address the problems.
  (e) Any other information required by the commission by rule.
  (2) If the commission receives a petition meeting the
requirements of subsection (1) of this section, the commission
shall initiate proceedings to determine whether to adopt a rule
establishing an alcohol impact area.
  (3) 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 establish boundaries
for an alcohol impact area that differ from the boundaries
contained in the petition filed by the municipality.
  (4) Notwithstanding ORS 471.175, 471.178, 471.186, 471.200,
471.220 and 471.223, the commission may take actions to reduce
the serious and persistent problems within an alcohol impact
area, including but not limited to, limiting the hours of
operation for licensed premises, restricting the sale of
alcoholic beverages for off-premises consumption and denying
applications for the licensing of additional premises.
  (5) The commission may exempt one or more licensed premises or
types of licensed premises from a limitation, restriction,
condition, prohibition or requirement imposed within an alcohol
impact area if the commission finds good cause for the exemption.
  (6) The commission shall annually review any rule establishing
an alcohol impact area and shall solicit public input regarding
whether the rule should continue in effect, be amended or be
repealed. In addition to the annual review required by this
subsection, the commission may consider any request filed with
the commission seeking the amendment or repeal of a commission
rule establishing an alcohol impact area or seeking an exemption
or reconsideration of an exemption from a limitation,
restriction, condition, prohibition or requirement imposed within
an alcohol impact area.
  (7) The actions that the commission may take under this section
are in addition to any other authority of the commission to
address serious and persistent problems associated with alcohol.
  (8) 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. + }
  SECTION 3.  { + Any rule adopted by the Oregon Liquor Control
Commission prior to the effective date of this 2011 Act that
established an alcohol impact area shall be treated in the same
manner as a rule adopted in compliance with section 2 of this
2011 Act. However, section 2 (8) of this 2011 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 2011 Act. The commission shall conduct the
initial annual review of rules establishing an alcohol impact
area prior to the effective date of this 2011 Act as provided in
section 2 (6) of this 2011 Act no later than one year after the
effective date of this 2011 Act. + }
  SECTION 4.  { + Section 3 of this 2011 Act is repealed January
2, 2015. + }
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