Chapter 5.08
ALCOHOLIC LIQUOR
Sections:
5.08.020 Providing liquor to certain persons prohibited.
5.08.030 Persons not allowed to drink alcoholic liquor on licensed premises.
5.08.040 Purchase or possession of liquor by minor.
5.08.050 Lawful consumption of liquor by minor.
5.08.060 Loitering on licensed premises by minors.
5.08.070 Minors not permitted to drink or loiter on licensed premises.
5.08.080 Permitting minors on licensed premises.
5.08.090 Delivering or selling liquor by minor.
5.08.100 Sales by unlicensed persons prohibited.
5.08.110 Intoxicated persons on licensed premises.
5.08.120 Bringing alcoholic liquor upon licensed premises.
5.08.130 Disposal of liquor containers.
5.08.140 Lawful hours of sale.
5.08.150 Defense of written age statement.
5.08.160 Liquor in public dancehall.
5.08.180 Arresting officer to seize property.
5.08.190 Responsibility of licensee for employees.
5.08.200 Liquor commission notification.
5.08.010 Definitions.
For the purposes of this chapter, the words and phrases set out in this section shall have the following meanings:
A. "Alcoholic liquor" means any alcoholic beverage containing more than one-half of one percent alcohol by volume, and every liquid or solid, patented or not, containing alcohol and capable of being consumed by a human being.
B. "Commission" means the Oregon Liquor Control Commission.
C. "Distilled spirits or distilled liquor" means any alcoholic beverage containing more than fourteen percent of alcohol by volume, including sweet wines and all spirituous liquor.
D. "Premises or licensed premises" used in connection with a licensed location means the area where refreshments or food are served at the address for which the license is issued.
E. "Licensee" means a person who has an alcoholic liquor license from the commission authorizing such person to sell or dispense alcoholic liquor.
F. "Liquor Control Act" means the state law so designated by ORS 471.027, as now or hereafter amended and supplemented, and including the Oregon Distilled Liquor Control Act as defined by ORS 472.020, as now or hereafter amended and supplemented.
G. "Minor" means any person under the age of twenty-one years.
H. "Other responsible relative" means:
1. An adult who is the spouse of a minor;
2. An adult, related to the minor, who has taken over the parental duties of governing the minor’s actions;
3. A duly appointed, qualified and acting guardian who has taken over the parental duties of governing the minor’s actions.
I. "Person" means an individual, partnership, corporation, association or club.
J. "Sell" means to solicit or receive an order; to keep or expose for sale; to deliver for value or in any way other than purely gratuitously; to peddle; to keep with intent to sell; to traffic in; or for any consideration, promised or obtained, directly or indirectly, or under any pretext or by any means, to procure or allow to be procured for any other person. (Ord. 2729 §2, 1993; Ord. 2409 §1, 1981)
5.08.020 Providing liquor to certain persons prohibited.
Violation of the provisions of ORS 471.410 as now constituted shall be an offense against the city and subject to the penalties therein provided. (Ord. 2812 §2, 1998)
5.08.030 Persons not allowed to drink alcoholic liquor on
licensed premises.
A. No person shall allow or permit a person who is visibly intoxicated to drink or consume any alcoholic liquor upon a licensed premises.
B. No bartender shall drink or consume any alcoholic liquor, or be under the influence of alcoholic liquor, while on duty in a licensed premises. (Ord. 2409 §3, 1981)
5.08.040 Purchase or possession of liquor by minor.
A. Except as provided in Section 5.08.050, no minor shall attempt to purchase, purchase or acquire, or have in his possession any alcoholic liquor.
B. For the purposes of this section, "possession of alcoholic liquor" includes the acceptance or consumption of a bottle of such liquor, or any portion thereof, or a drink of such liquor. However, this section does not prohibit the acceptance or consumption by a person of sacramental wine as part of a religious rite or service. (Ord. 2409 §4, 1981)
5.08.050 Lawful consumption of liquor by minor.
Nothing contained in this chapter shall be construed as prohibiting a parent or other responsible relative of a minor from giving such minor alcoholic liquor and permitting him to consume the same within the home of such parent or other responsible relative of the minor, or at such other private place not in view of the public where the parent or other responsible relative is present. (Ord. 2409 §5, 1981)
5.08.060 Loitering on licensed premises by minors.
Except as provided in Section 5.08.060, no minor, whether or not he is accompanied by a parent or other responsible relative, shall enter, loiter or remain on a licensed premises, or any portion thereof, which has been posted by the commission to prohibit the use thereof by minors. (Ord. 2409 §6, 1981)
5.08.070 Minors not permitted to drink or loiter on licensed premises.
A. No licensee or his employee or agent shall permit a minor to:
1. Consume any alcoholic liquor upon a licensed premises, whether or not such alcoholic liquor is given to the minor by a parent or other responsible relative;
2. Loiter on such licensed premises which has been posted by the commission to prohibit the use thereof by minors, except as provided in Section 5.08.080;
3. Remain upon such premises or any portion thereof, except as provided in Section 5.08.080.
B. The fact that a parent or other responsible relative has accompanied a minor upon a licensed premises shall not constitute a defense to any charge brought for violation of this section, except as provided in Section 5.08.080. (Ord. 2409 §7, 1981)
5.08.080 Permitting minors on licensed premises.
A. The provisions of Section 5.08.060 and 5.08.070 of this chapter shall not be construed to prohibit:
1. A minor from entering a licensed premises, or portion thereof, for the transaction of any business pursuant to his duties in the regular course of his lawful employment;
2. A minor spouse from entering and remaining on licensed premises, or any portion thereof, when he is in the immediate company of his spouse who is twenty-one years of age or older.
B. This section shall not be construed to authorize a minor spouse to consume alcoholic liquor on a licensed premises. (Ord. 2409 §8, 1981)
5.08.090 Delivering or selling liquor by minor.
A. Except as provided in subsection C of this section, no minor, either for himself or as agent or employee of another, shall sell, offer for sale or deliver any alcoholic liquor.
B. Except as provided in subsection C of this section, no person shall employ, hire or engage a minor to sell, offer for sale or deliver any alcoholic liquor.
C. An employee eighteen years of age or older of a person who holds a package store license from the commission may sell any alcoholic liquor authorized by such license on the licensed premises. (Ord. 2409 §9, 1981)
5.08.100 Sales by unlicensed persons prohibited.
No person shall sell alcoholic liquor unless he has a license from the commission to sell alcoholic liquor. Sales by a licensee or his employee shall be only such sales as are authorized by the license issued for the premises. (Ord. 2409 §10, 1981)
5.08.110 Intoxicated persons on licensed premises.
No licensee or his employee or agent shall permit a visibly intoxicated person to enter upon the licensed premises which the licensee controls. (Ord. 2409 §11, 1981)
5.08.120 Bringing alcoholic liquor upon licensed premises.
No licensee of the commission, nor any agent or employee of such a licensee, shall keep or knowingly permit to be kept, brought or consumed upon the licensed premises any alcoholic liquor not allowed to be sold or served upon the premises. (Ord. 2409 §12, 1981)
5.08.130 Disposal of liquor containers.
A. No licensee or his employee or agent shall permit any empty or discarded containers of alcoholic liquor to be in public view on the exterior of this licensed premises or in parking areas maintained in connection with such premises.
B. No person shall discard, throw away or dispose of any container of alcoholic liquor, whether broken or not, upon a street, alley, public grounds or public place. (Ord. 2409 §13, 1981)
5.08.140 Lawful hours of sale.
A. No package store licensee shall sell, dispense, deliver or permit the removal of any alcoholic liquor from the licensed premises between the hours of one a.m. and seven a.m.
B. No retail malt beverage restaurant or dispenser licensee shall sell, dispense, deliver or allow the consumption of any alcoholic liquor on a licensed premises or permit the removal of any alcoholic liquor from a licensed premises between the hours of two thirty a.m. and seven a.m. (Ord. 2409 §14, 1981)
5.08.150 Defense of written age statement.
If a licensee or his employee or his agent is prosecuted in the municipal court under this chapter for selling alcoholic liquor to a minor, or permitting a minor to consume alcoholic liquor or to enter or loiter upon the licensed premises, the licensee or his employee or agent may offer in his defense any written statement made by or for the minor prior to the violation, which statement was made and taken pursuant to laws of the state and the rules and regulations of the commission; and such statement shall constitute a prima facie defense. (Ord. 2409 §15, 1981)
5.08.160 Liquor in public dancehall.
No person shall possess, keep, sell, give away or otherwise dispose of or consume alcoholic liquor in a public dancehall, or in any room or building used for public dancing, that is not licensed under the Liquor Control Act. (Ord. 2409 §16, 1981)
5.08.170 Nuisances.
A. Any room, house, building, boat, structure or place of any kind where alcoholic liquor is sold, manufactured, bartered or given away in violation of the law; or where persons are permitted to resort or the purpose of drinking alcoholic liquor in violation of the law; or any place where alcoholic liquors are kept for sale, barter or gift in violation of the law; and all alcoholic liquor, whether purchased from or through the commission or purchased or acquired from any source; and all property, including bars, glasses, mixers, lockers, chairs, tables, cash registers, music devices and all furniture, furnishings and equipment; and all facilities for the mixing, storing, serving or drinking of alcoholic liquor kept and used in such place, are declared to be a common nuisance.
B. A person who maintains or assists in maintaining such a common nuisance is guilty of a violation of this chapter. (Ord. 2409 §17, 1981)
5.08.180 Arresting officer to seize property.
A. When an officer arrests a person for violation of this chapter, the officer shall take into his possession all alcoholic liquor and other property included under Section 5.08.170 which the person arrested has in his possession or on his premises, which apparently is being used or kept in violation of this chapter.
B. If the person arrested is convicted and the court finds that the alcoholic liquor and other property have been used in violation of this chapter, such forfeiture proceedings as are authorized by ORS 471.605 and 471.610 may be instituted. (Ord. 2409 §18, 1981)
5.08.190 Responsibility of licensee or employees.
Each licensee is responsible and liable to prosecution for any violation of any provision of this chapter pertaining to his licensed premises and for any act or omission of any servant, agent or employee of such licensee in violation of any provision of this chapter. (Ord. 2409 §19, 1981)
5.08.200 Liquor commission notification.
When a conviction is obtained against any licensee of the commission, or a conviction is obtained against any person when the violation was committed on a licensed premises, the municipal court shall notify the commission of such conviction. (Ord. 2409 §20, 1981)
5.08.210 Violation--Penalty.
Violation of any provision of this chapter is punishable, upon conviction in the municipal court, by a fine not exceeding one thousand dollars, or by imprisonment in the city jail not to exceed thirty days, or both. (Ord. 2521 §2, 1984: Ord. 2409 §20, 1981)