OLCC proposed changes
Partial text of SB 383:
{ + NOISE ON AND AROUND LICENSED PREMISES + } SECTION 4. ORS 471.329 is amended to read: 471.329. (1) For the purpose of { - determining - } { + making a determination of + }whether there is a history of serious and persistent problems involving noise under the provisions of ORS 471.313 (5) and 471.315 (1)(c) { + , making a determination of whether a licensee maintains a noisy establishment in violation of the provisions of ORS 471.425 or making any other determination relating to issuance of licenses or licensee discipline based on noise from licensed premises + }:
{ - (a) Noise from the inside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance; and - }
{ - (b) Noise caused by patrons outside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance or if the noise is of a type that a reasonable person would not expect to hear outside a premises licensed for the sale of alcoholic beverages. - }
{ + (a) Noise from inside a licensed premises located within the boundaries of a city or county may be considered by the Oregon Liquor Control Commission only if the city or county has an ordinance regulating excessive noise and the licensee has been convicted of violating the ordinance; (b) Noise caused by patrons outside a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered by the commission only if the licensee has been convicted of violating the ordinance; and (c) Noise caused by patrons outside a licensed premises located within the boundaries of a city or county that does not have an ordinance regulating excessive noise may be considered by the commission only if the noise is of the type that a reasonable person would not expect to hear outside a premises licensed for the sale of alcoholic beverages. + }
(2) For the purpose of { - determining - } { + making a determination of + } whether noise is obtrusive under the provisions of ORS 471.313 (5) and 471.315 (1)(c), { + making a determination of whether a licensee maintains a noisy establishment in violation of the provisions of ORS 471.425 or making any other determination relating to issuance of licenses or licensee discipline based on noise from licensed premises, + } the Oregon Liquor Control Commission shall consider whether persons complaining about the noise have taken any action to mitigate the disturbance alleged to have been caused by the noise.
SECTION 5. { + The amendments to ORS 471.329 by section 4 of this 2001 Act apply to all licenses issued under ORS chapter 471, whether issued before, on or after the effective date of this 2001 Act. + }
By Amy Cammack
Partial text of SB 383:
{ + NOISE ON AND AROUND LICENSED PREMISES + } SECTION 4. ORS 471.329 is amended to read: 471.329. (1) For the purpose of { - determining - } { + making a determination of + }whether there is a history of serious and persistent problems involving noise under the provisions of ORS 471.313 (5) and 471.315 (1)(c) { + , making a determination of whether a licensee maintains a noisy establishment in violation of the provisions of ORS 471.425 or making any other determination relating to issuance of licenses or licensee discipline based on noise from licensed premises + }:
{ - (a) Noise from the inside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance; and - }
{ - (b) Noise caused by patrons outside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance or if the noise is of a type that a reasonable person would not expect to hear outside a premises licensed for the sale of alcoholic beverages. - }
{ + (a) Noise from inside a licensed premises located within the boundaries of a city or county may be considered by the Oregon Liquor Control Commission only if the city or county has an ordinance regulating excessive noise and the licensee has been convicted of violating the ordinance; (b) Noise caused by patrons outside a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered by the commission only if the licensee has been convicted of violating the ordinance; and (c) Noise caused by patrons outside a licensed premises located within the boundaries of a city or county that does not have an ordinance regulating excessive noise may be considered by the commission only if the noise is of the type that a reasonable person would not expect to hear outside a premises licensed for the sale of alcoholic beverages. + }
(2) For the purpose of { - determining - } { + making a determination of + } whether noise is obtrusive under the provisions of ORS 471.313 (5) and 471.315 (1)(c), { + making a determination of whether a licensee maintains a noisy establishment in violation of the provisions of ORS 471.425 or making any other determination relating to issuance of licenses or licensee discipline based on noise from licensed premises, + } the Oregon Liquor Control Commission shall consider whether persons complaining about the noise have taken any action to mitigate the disturbance alleged to have been caused by the noise.
SECTION 5. { + The amendments to ORS 471.329 by section 4 of this 2001 Act apply to all licenses issued under ORS chapter 471, whether issued before, on or after the effective date of this 2001 Act. + }
By Amy Cammack