Chapter 9.28
LIQUOR AND MARIJUANA
Sections:
9.28.020 Providing liquor to certain persons prohibited.
9.28.030 Persons not permitted to drink liquor on licensed premises.
9.28.040 Purchase or possession of liquor by minor.
9.28.050 Lawful consumption of liquor by minor.
9.28.060 Minors not permitted to loiter or drink on licensed premises.
9.28.070 Permitting minors on licensed premises.
9.28.080 Delivering or selling liquor by minor.
9.28.090 Sales by unlicensed persons prohibited.
9.28.100 Intoxicated persons on licensed premises.
9.28.110 Bringing liquor onto licensed premises.
9.28.120 Disposal of liquor containers.
9.28.130 Lawful hours of liquor sale.
9.28.140 Misrepresentation of age by minor.
9.28.150 Age of minor – Defense of written statement.
9.28.160 Liquor in public dance hall.
9.28.170 Consumption of liquor in public place prohibited.
9.28.190 Marijuana – Use or possession of less than one ounce by a person under the age of 21.
9.28.200 Arresting officer to seize property.
9.28.210 Notification of Liquor Commission.
9.28.010 Definitions.
For the purposes of this chapter, unless the context otherwise requires:
“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.
“Commission” means the Oregon Liquor Control Commission.
“Licensed premises” means the room or enclosure at the address, within the corporate limits of the city, for which a license has been issued by the Commission for the serving, mixing, handling or selling of alcoholic liquor.
“Licensee” means a person who has an alcoholic liquor license from the Commission for the serving, mixing, handling or selling of alcoholic liquor.
“Minor” means any person under the age of 21 years.
“Person” means an individual, partnership, corporation, association or club.
“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.
“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. 82-21 § 1)
9.28.020 Providing liquor to certain persons prohibited.
No person shall sell, give, furnish, serve or otherwise make available any alcoholic liquor to:
A. Any minor, except as provided in LCMC 9.28.050;
B. Any person visibly intoxicated. (Ord. 82-21 § 2)
9.28.030 Persons not permitted to drink liquor on licensed premises.
A. No person shall allow or permit any person who is visibly intoxicated to drink or consume any alcoholic liquor upon any 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. 82-21 § 3)
9.28.040 Purchase or possession of liquor by minor.
A. Except as provided in LCMC 9.28.050, 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 any person of sacramental wine as part of a religious rite or service. (Ord. 82-21 § 4)
9.28.050 Lawful consumption of liquor by minor.
Nothing contained in this chapter shall be construed as prohibiting a parent or 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 at such other private place not in view of the public where the parent or responsible relative is present. (Ord. 82-21 § 5)
9.28.060 Minors not permitted to loiter or drink on licensed premises.
A. Except as provided in LCMC 9.28.070, no minor, whether or not he is accompanied by a parent or other responsible relative, shall enter, loiter or remain on any licensed premises, or any portion thereof, which has been posted by the Commission to prohibit the use thereof by minors.
B. No licensee or his employee or agent shall permit any minor to:
1. Consume any alcoholic liquor upon any licensed premises, whether or not such alcoholic liquor is given to the minor by a parent or responsible relative;
2. Loiter on such licensed premises which have been posted by the Commission to prohibit the use thereof by minors, except as provided in LCMC 9.28.070;
3. Remain upon such premises or any portion thereof, except as provided in LCMC 9.28.070.
C. The fact that a parent or other responsible relative has accompanied a minor upon any licensed premises shall not constitute a defense to any charge brought for violation of this section, except as provided in LCMC 9.28.070. (Ord. 82-21 § 6)
9.28.070 Permitting minors on licensed premises.
A. The provisions of LCMC 9.28.060 shall not be construed to prohibit:
1. Any minor from entering any 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 21 years of age or older.
B. This section shall not be construed to authorize a minor spouse to consume alcoholic liquor on any licensed premises. (Ord. 82-21 § 7)
9.28.080 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 any minor to sell, offer for sale or deliver any alcoholic liquor.
C. Any employee 18 years of age or older of a store having a store license from the Commission may sell any alcoholic liquor authorized by such license on the licensed premises. (Ord. 82-21 § 8)
9.28.090 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. 82-21 § 9)
9.28.100 Intoxicated persons on licensed premises.
No licensee or his employee or agent shall permit a visibly intoxicated person to enter upon the licensed premises. (Ord. 82-21 § 10)
9.28.110 Bringing liquor onto licensed premises.
No licensee of the Commission, nor any agent or employee of such 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. 82-21 § 11)
9.28.120 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 the public view on the exterior of his 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 any street, alley, public grounds or public place. (Ord. 82-21 § 12)
9.28.130 Lawful hours of liquor sale.
A. No package store licensee shall sell, dispense, deliver or permit the removal of any alcoholic liquor from the licensed premises except as authorized by the Commission.
B. No retail malt beverage restaurant or dispenser licensee shall sell, dispense, deliver or allow the consumption of any alcoholic liquor on any licensed premises or permit the removal of any alcoholic liquor from any licensed premises except as authorized by the Commission. (Ord. 82-21 § 13)
9.28.140 Misrepresentation of age by minor.
A. No minor shall falsely represent that he is of any age other than his true age, or produce any evidence that would falsely indicate his age, for the purpose of securing any right, benefit or privilege denied minors by this chapter.
B. No person shall falsely represent a minor to be 21 years of age or older for the purpose of securing or assisting such minor in securing any right, benefit or privilege denied to minors by this chapter. (Ord. 82-21 § 14)
9.28.150 Age of minor – Defense of written 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 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 such minor prior to the violation, which statement was made and taken pursuant to the laws of Oregon and the rules and regulations of the Commission; and such statement shall constitute a prima facie defense. (Ord. 82-21 § 15)
9.28.160 Liquor in public dance hall.
No person shall possess, keep, sell, give away or otherwise dispose of or consume alcoholic liquor in any public dance hall, or in any room or building used for public dancing, that is not licensed by the Commission. (Ord. 82-21 § 16)
9.28.170 Consumption of liquor in public place prohibited.
No person shall drink or consume any alcoholic liquor in or upon any street, alley or public road, unless such way has been licensed for that purpose by the Commission. (Ord. 82-21 § 17)
9.28.180 Nuisance declared.
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 for the purpose of drinking alcoholic liquors 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; and any person who maintains or assists in maintaining such common nuisance is guilty of an offense under this chapter. (Ord. 82-21 § 18)
9.28.190 Marijuana – Use or possession of less than one ounce by a person under the age of 21.
A. No person under the age of 21 shall knowingly or intentionally use or possess less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant marijuana unless used or possessed pursuant to a prescription valid within the state.
B. For purposes of this section, “marijuana” includes the leaves, stems, flowers and seeds of the plant Cannabis, family Moraceae, whether growing or not; but shall not include the resin or oil extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation from such resin or oil, including hashish and natural or synthetic tetrahydrocannabinol; and shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, or other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. (Ord. 2015-12 § 1; Ord. 82-21 § 19)
9.28.200 Arresting officer to seize property.
When an officer arrests any person for violation of this chapter, the officer shall take into his possession all alcoholic liquor and other property included under LCMC 9.28.180 which the person arrested has in his possession or on his premises, which apparently is being used or kept in violation of this chapter. 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 under ORS Chapter 471 may be instituted. (Ord. 82-21 § 20)
9.28.210 Notification of Liquor Commission.
When a conviction is obtained against any licensee of the Commission, or a conviction is obtained against any person where the violation was committed on a licensed premises, the municipal court shall notify the Commission of such conviction. (Ord. 82-21 § 22)
9.28.220 Violation – Penalty.
Violation of any provision of this chapter is punishable, upon conviction, by a fine of not more than $200.00. (Ord. 82-21 § 21)