Chapter 9.35 OFFENSES AGAINST PUBLIC MORALS

“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.

“Distilled spirits” or “distilled liquor” means any alcoholic beverage containing more than 14 percent of alcohol by volume, including sweet wines and all spirituous liquor.

“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 authorizing such person to sell or dispense alcoholic liquor.

“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.

“Minor” means any person under the age of 21 years.

“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 activities.

“Person” means an individual, partnership, corporation, association or club.

“Sell” means to solicit or receive an order; keep or expose for sale; deliver for value or in any way other than purely gratuitously; peddle; keep with intent to sell; 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. 1736, 7-1-74; Ord. 1455, 1-3-67. Code 2001 § 136.01.]

9.35.020 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 NMC 9.35.050.

B. Any person visibly intoxicated. [Ord. 1736, 7-1-74; Ord. 1688, 3-5-73; Ord. 1455, 1-3-67. Code 2001 § 136.02.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.030 Persons not allowed to drink alcoholic 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. 1736, 7-1-74; Ord. 1688, 3-5-73; Ord. 1455, 1-3-67. Code 2001 § 136.03.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.040 Purchase or possession of liquor by minor.

A. Except as provided in NMC 9.35.050, no minor shall attempt to purchase, purchase, or acquire, or have in the minor’s possession any alcoholic liquor.

B. Definition – Exception.

1. For the purposes of this section, “possession of alcoholic liquor” includes the acceptance or consumption of a bottle of such liquor, or any portion of a bottle of such liquor, or a drink of such liquor.

2. 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. 1736, 7-1-74; Ord. 1455, 1-3-67. Code 2001 § 136.04.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.050 Lawful consumption of liquor by minor.

Nothing contained in this chapter shall be construed as prohibiting a parent or other responsible relative from giving a minor alcoholic liquor and permitting the minor 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. 1455, 1-3-67. Code 2001 § 136.05.]

9.35.060 Minors not permitted to drink or loiter on licensed premises.

A. Except as provided in NMC 9.35.070, no minor, whether or not accompanied by a parent or other responsible relative, shall enter or remain on any licensed premises, or any portion of the licensed premises, which has been posted by the Commission to prohibit use by minors.

B. No licensee, nor employee or agent of the licensee, 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 use by minors, except as provided in NMC 9.35.070;

3. Remain upon such premises, or any portion of the premises, except as provided in NMC 9.35.070.

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 NMC 9.35.070. [Ord. 1455, 1-3-67. Code 2001 § 136.06.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.070 Permitting minors on licensed premises.

A. The provisions of NMC 9.35.060 shall not be construed to prohibit:

1. Any minor from entering any licensed premises, or portion of the premises, for the transaction of any business pursuant to duties in the regular course of the minor’s lawful employment.

2. A minor spouse from entering and remaining on licensed premises, or any portion of the premises, when in the immediate company of a spouse 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. 1455, 1-3-67. Code 2001 § 136.07.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.080 Delivery or sale of liquor by a minor.

A. Except as provided in NMC 9.35.030, no minor, either for the minor or as agent or employee of another, shall sell, offer for sale or deliver any alcoholic liquor.

B. Except as provided in NMC 9.35.030, 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 person who holds any package store license from the Commission may sell any alcoholic liquor authorized by such license on the licensed premises. [Ord. 1736, 7-1-74; Ord. 1455, 1-3-67. Code 2001 § 136.08.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.090 Sales by unlicensed persons prohibited.

A. No person shall sell alcoholic liquor unless the person has a license from the Commission to sell alcoholic liquor.

B. Sales by a licensee, or by an employee of the licensee, shall be only such sales as are authorized by the license issued for the premises. [Ord. 1455, 1-3-67. Code 2001 § 136.09.]

Penalty: See NMC 9.35.220.

9.35.100 Intoxicated persons on licensed premises.

No licensee, nor employee or agent of the licensee, shall permit a visibly intoxicated person to enter or remain upon the licensed premises that the licensee controls. [Ord. 1455, 1-3-67. Code 2001 § 136.10.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.110 Bringing alcoholic liquor upon licensed premises.

No licensee of the Commission, nor agent or employee of the 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. 1736, 7-1-74; Ord. 1455, 1-3-67. Code 2001 § 136.11.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.120 Disposal of liquor containers.

A. No licensee, nor employee or agent of the licensee, shall permit any empty or discarded containers of alcoholic liquor to be in the public view on the exterior of the 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. 1736, 7-1-74; Ord. 1455, 1-3-67. Code 2001 § 136.12.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.130 Lawful hours of sale.

A. Subject to the provisions of subsection (B) of this section, no person shall sell, dispense or allow the consumption of any alcoholic liquor on any licensed premises, nor shall any licensee, or employee or agent of the licensee, deliver or permit the removal of any alcoholic liquor to, on or from any licensed premises between the hours of 2:00 a.m. and 7:00 a.m.

B. A licensee in lawful possession of a restaurant or dispenser’s license may permit the privileges granted by such license between the hours of 7:00 a.m. and 2:30 a.m. of the following day. [Ord. 1736, 7-1-74; Ord. 1455, 1-3-67. Code 2001 § 136.13.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.140 Misrepresentation of true age of minor.

A. No minor shall falsely represent that the minor is of any age other than the minor’s true age, or produce any evidence that would falsely indicate the minor’s 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. 1455, 1-3-67. Code 2001 § 136.14.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.150 Defense of written age statement.

A. If a licensee, or employee or agent of the licensee, 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 employee or agent of the licensee, may offer as a defense any written statement made by or for such minor prior to the violation, which statement was made and taken pursuant to state laws and the rules and regulations of the Commission.

B. Such statement shall constitute a prima facie defense. [Ord. 1455, 1-3-67. Code 2001 § 136.15.]

9.35.160 Consumption of alcoholic liquors in public places prohibited.

No person shall drink or consume any alcoholic liquor in or upon any street, alley, public grounds or other public place unless such place has been licensed for that purpose by the Commission. [Ord. 1455, 1-3-67. Code 2001 § 136.16.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.170 Liquor in public dance hall prohibited.

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 under the Oregon Liquor Control Act. [Ord. 1455, 1-3-67. Code 2001 § 136.17.]

Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.

9.35.180 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 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 Oregon Liquor Control 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. Any person who maintains or assists in maintaining such common nuisance is guilty of a violation of this chapter. [Ord. 1455, 1-3-67. Code 2001 § 136.18.]

Penalty: See NMC 9.35.220.

9.35.190 Arresting officer to seize property.

A. When an officer arrests any person for violation of this chapter, the officer shall take into possession all alcoholic liquor and other property included under NMC 9.35.180 that the person has in the person’s possession or on the person’s 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, 471.610 and 471.615 may be instituted. [Ord. 1455, 1-3-67. Code 2001 § 136.19.]

9.35.200 Responsibility of licensee for employees.

Each licensee is responsible and liable to prosecution for any violation of any provision of this chapter pertaining to the 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. 1455, 1-3-67. Code 2001 § 136.20.]

Penalty: See NMC 9.35.220.

9.35.210 Liquor Commission to be notified.

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 Oregon Liquor Control Commission of such conviction. [Ord. 1455, 1-3-67. Code 2001 § 136.21.]

9.35.220 Penalty.

Violation of any provision of this chapter for which no other penalty is provided is punishable, upon conviction in the municipal court, by a fine not to exceed $500.00, or by imprisonment in the city jail not to exceed 90 days, or by both. [Ord. 1455, 1-3-67. Code 2001 § 136.99.]