From: Cammack, Amy
Sent: Friday, February 16, 2001 8:46 AM
Subject: Liquor related Measure that will significantly impact neighbors!
Importance: High

NEXT MONDAY afternoon, 2/19/01, at 3:15pm, the House Smart Growth Committee (chaired by Rep. Bill Witt in room HR 50) will have a public hearing in Salem regarding House Bill 2456. House Bill 2456 proposes to eliminate noise as a factor relating to liquor licensing. In review of the Bill, we heard significant concern from individual neighbors and associations recognizing that this would negatively impact neighbors. If passed, the law would not allow the OLCC to discipline licensees due to excessive noise, and would eliminate noise as a consideration and grounds for refusal of a license.

Review of bills by Committees allows for more detailed discussion on the specifics and impact of a measure and allows for the opportunity to hear support and opposition from the public. Although there will be representation from the City of Portland in opposition of this measure, our Government Relations bureau has suggested that it would be very useful to have neighborhood associations present to weigh in on the issue. I am sending this message to neighborhood association chairs and individuals that I am aware have been involved in liquor licensing issues. To maintain confidentiality on contact information, you will not see the list of recipients of this message. If you know anybody who may be interested in this matter, please forward this message or contact them immediately.

The text of this message is very long as I have inserted some additional text that is relevant for those interested in giving testimony. Below is the text of Bill 2456 and it is followed by some information on how to testify before the Committee. If you need any further information, please contact me at the number listed below.

Thanks,
> Amy Cammack
> Liquor Licensing Specialist
> Office of Neighborhood Involvement
> City of Portland
> 1221 SW Fourth Avenue, Room 110
> Portland, Oregon 97204
> (503) 823-3092

By Amy Cammack

HB 2456 Text (Section 1- 2)

House Bill 2456
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of former Representative Terry Thompson and Representative-elect Alan Brown)

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. Prohibits Oregon Liquor Control Commission from refusing to license any applicant or disciplining any liquor licensee based on excessive noise at licensed premises.

A BILL FOR AN ACT
Relating to liquor licenses; creating new provisions; amending ORS 471.313 and 471.315; and repealing ORS 471.329. Be It Enacted by the People of the State of Oregon:

SECTION 1. { + Section 2 of this 2001 Act is added to and made a part of ORS chapter 471.

SECTION 2. In deciding whether to deny, cancel or suspend any license under this chapter, or to impose any civil penalty against any licensee, the Oregon Liquor Control Commission may not consider any complaints relating to excessive noise at the licensed premises or in the immediate vicinity of the licensed premises. Nothing in this section affects the application of an ordinance or regulation regulating noise by any city or county in which the licensed premises are located. + }



By Amy Cammack,

HB 2456 Text (Section 3)

Continued from previous discussion

House Bill 2456
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of former Representative Terry Thompson and Representative-elect Alan Brown)

A BILL FOR AN ACT
Relating to liquor licenses; creating new provisions; amending ORS 471.313 and 471.315; and repealing ORS 471.329. Be It Enacted by the People of the State of Oregon:

SECTION 3. ORS 471.313, as amended by section 46, chapter 351, Oregon Laws1999, 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.
(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 417.218.
(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 { - , - } { + or + } 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.


By Amy Cammack,

HB 2456 Text (Section 4)

Continued from previous discussion

House Bill 2456

A BILL FOR AN ACT Relating to liquor licenses; creating new provisions; amending ORS 471.313 and 471.315; and repealing ORS 471.329. Be It Enacted by the People of the State of Oregon:

SECTION 4. ORS 471.315, as amended by section 51, chapter 351, Oregon Laws 1999, 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 finds or has reasonable ground 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) That there is a history of serious and persistent problems involving disturbances { - , - } { + or + } 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 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 cancellation or suspension 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 or unlawful drug sales; alcohol or related litter; trespassing on private property; and public urination. Mitigating factors include a showing by the licensee that the problems are not serious or persistent or that the licensee has demonstrated a willingness and ability to control adequately the licensed premises 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 (d) That there is any other reason which, in the opinion of the commission, based on public convenience or necessity, warrants canceling or suspending such license. (2) Civil penalties under this section shall be imposed as provided in ORS 183.090.

By Amy Cammack,