Chapter 9.05
ALCOHOLIC LIQUOR REGULATIONS
Sections:
9.05.010 Liquor Control Act adopted.
9.05.030 Liquor within an auto.
9.05.040 Consumption and open containers prohibited – Exceptions.
9.05.050 Possession prohibited.
9.05.060 Possession by minors.
9.05.070 Confiscation of liquor.
9.05.010 Liquor Control Act adopted.
The provisions of ORS Chapter 471, pertaining to alcohol, are adopted and incorporated herein by reference as if fully set forth, and the provisions shall have the same force and effect as other City ordinances. (Ord. 928, § 2, Mar. 1, 1983. Code 1983 § 40.105.)
9.05.020 Definition.
As used in MCC 9.05.020 to 9.05.080 “intoxicating liquor” shall mean any alcoholic liquor subject to regulation under ORS Chapter 471. (Ord. 697, § 1. Code 1983 § 40.110.)
9.05.030 Liquor within an auto.
No person shall carry or possess within the passenger compartment of any motor vehicle operated upon any public or private property within the limits of this City any unsealed or open bottle or container containing therein any intoxicating liquor. (Ord. 697, § 4. Code 1983 § 40.130.)
9.05.040 Consumption and open containers prohibited – Exceptions.
(1) No person shall drink, consume or possess an open container of intoxicating liquor in or upon a public street, park, sidewalk, way, playground, school or public building, except as provided in subsection (2) or (3) of this section.
(2) This section shall not apply to:
(a) The drinking, consumption or possession of liquor on a sidewalk or portion of a sidewalk immediately outside a business premises licensed by the Oregon Liquor Control Commission for the on-premises sale of alcohol, where such sidewalk constitutes a part of the licensed premises under and subject to the terms and conditions of such license, and subject to such conditions and limitations as the City Manager, or the City Manager’s designee, may require; or
(b) Buildings and grounds owned by the State of Oregon and encompassed within and under the control of Western Oregon University.
(3) The City Manager, upon application by an individual, for a noncommercial event, or by a nonprofit entity, may issue a temporary special event permit authorizing the possession and consumption of intoxicating liquor containing no more than 14 percent alcohol by volume, in Main Street Park, Gentle Woods Park and Madrona Park, provided the Oregon Liquor Control Commission has issued or will issue a special event permit to the applicant, authorizing the possession and consumption of such intoxicating liquor. The special event permit shall be subject to the following conditions, and any other conditions the City Manager deems necessary or appropriate to ensure the protection of the public health, welfare and safety:
(a) The applicant shall obtain a liquor liability insurance policy in an amount deemed appropriate by the City Manager, and shall name the City as an additional insured thereon.
(b) The applicant shall provide security, to be approved by the City Manager, sufficient to prohibit the sale or furnishing of intoxicating liquor to minors, to prevent, monitor and deal with visibly intoxicated persons, and to prevent others from furnishing intoxicating liquor to minors.
(c) The permit shall specify the date, time, location and duration of the event, all of which shall be approved by the City Manager.
(d) The applicant shall provide a cleaning deposit to the City.
The City Manager or Chief of Police may, for a violation of the conditions of the special event permit, or for any other reason the City Manager or Chief of Police deems sufficient, terminate the permit before or during the event.
(4) A person aggrieved by a decision of the City Manager under subsection (3) of this section may appeal the City Manager’s decision to the City Council by filing a notice of appeal in writing with the City Recorder, within 10 days after the City Manager’s decision that is the subject of the appeal. The City Council shall hear the appeal at the next City Council meeting that is more than three business days after the filing of the notice of appeal.
(5) The City Council shall establish, by resolution, the cleaning deposit and a fee for a special event permit authorized under subsection (3) of this section. (Ord. 697, § 5; amended by Ord. 869, § 1, Apr. 1, 1980; Ord. 900, Feb. 2, 1982; Ord. 901, Mar. 2, 1982; Ord. 1163, May 1, 2001; Ord. 1213, § 1, June 7, 2005; Ord. 1242, § 2, October 3, 2006; amended by Ord. 1279, § 1, May 18, 2010; Ord. 1373 § 1, May 2, 2017. Code 1983 § 40.135.)
9.05.050 Possession prohibited.
(1) No person shall possess or carry any intoxicating liquor upon or within any of the following:
(a) A public park, playground, school ground or public building, except buildings and grounds owned by the State of Oregon and encompassed within and under the control of Western Oregon University, unless authorized under MCC 9.05.040(2).
(2) The City Council, upon application by a charitable and/or nonprofit organization, may issue a temporary special event permit authorizing the possession and consumption of intoxicating liquor containing no more than 14 percent alcohol by volume, in Main Street Park, Gentle Woods Park and Madrona Park, provided the Oregon Liquor Control Commission has or will issue a special event permit authorizing the sale of such intoxicating liquor. The special event permit shall be subject to the following conditions, and any other conditions the City Council deems necessary and appropriate:
(a) The City is named as an additional insured on the organization’s liquor liability insurance policy for the event, in an amount deemed appropriate by the City Council.
(b) The organization shall provide security, to be approved by the City Council, sufficient to prohibit the sale of intoxicating liquor to minors, to prevent, monitor, and deal with visibly intoxicated persons, and to prevent others from furnishing intoxicating liquor to minors.
(c) The permit shall specify the date, time, and location of the special event, all of which shall be approved by the City Council.
(d) The City Council shall require a cleaning deposit in an amount the City Council deems appropriate.
(3) The City Council may, for a violation of the conditions of the special event permit, or for any other reason the City Council deems sufficient, terminate the permit before or during the event.
(4) The Council shall establish, by resolution, a fee for its special event application. (Ord. 697, § 6; amended by Ord. 869, § 1, Apr. 1, 1980; Ord. 900, Feb. 2, 1982; Ord. 901, Mar. 2, 1982; Ord. 1045; Ord. 1213, § 1, June 7, 2005; Ord. 1242, § 3, October 3, 2006. Code 1983 § 40.140.)
9.05.060 Possession by minors.
No person under the age of 21 years shall have any intoxicating liquor in his possession, except where such person is in a private residence, or is accompanied by his parent or guardian. As used in this section, possession includes the acceptance or consumption of any such intoxicating liquor. The provisions of this section do not prohibit the consumption by any person of sacramental wine as a part of a religious rite or service conducted in any church or house of worship lawfully existing under the zoning laws of this City. (Ord. 697, § 7. Code 1983 § 40.210.)
9.05.070 Confiscation of liquor.
Whenever any officer shall arrest any person for violation of MCC 9.05.020 to 9.05.080, such officer shall take into his possession all intoxicating liquor or other property which the person arrested has in his possession, or on his premises, which apparently is being used or kept in violation of MCC 9.05.020 to 9.05.080. Upon the conviction of such person or forfeiture of bail by him, should the Court find the intoxicating liquor and other property has been used or kept in violation of MCC 9.05.020 to 9.05.080, the Court shall enter an order forfeiting the liquor to the Oregon Liquor Control Commission and the other property to the City. (Ord. 697, § 9. Code 1983 § 40.320.)
9.05.080 Penalties.
Any person violating any of the provisions of MCC 9.05.020 to 9.05.080 shall be subject to a fine of not to exceed $250.00. (Ord. 697, § 11; amended by Ord. 1046, § 7, Dec. 10, 1991. Code 1983 § 40.395.)