Chapter 9.25
ALCOHOLIC LIQUOR
Sections:
9.25.020 Providing liquor to certain persons prohibited.
9.25.030 Persons not allowed to drink alcoholic liquor on licensed premises.
9.25.040 Purchase or possession of liquor by minor.
9.25.050 Lawful consumption of liquor by minor.
9.25.060 Loitering on licensed premises by minors.
9.25.070 Minors not permitted to drink or loiter on licensed premises.
9.25.080 Permitting minors on licensed premises.
9.25.090 Delivering or selling liquor by minor.
9.25.100 Sales by unlicensed persons prohibited.
9.25.110 Intoxicated persons on licensed premises.
9.25.120 Bringing alcoholic liquor upon licensed premises.
9.25.130 Disposal of liquor containers.
9.25.140 Lawful hours of sale.
9.25.150 Defense of written age statement.
9.25.160 Liquor in public dance hall.
9.25.180 Possession of open container.
9.25.190 Drinking in public places.
9.25.200 Responsibility of licensee for employees.
9.25.220 Liquor Commission to be notified.
9.25.010 Definitions.
A. For the purposes of this chapter, the following words and phrases shall mean:
1. “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.
2. “Commission” means the Oregon Liquor Control Commission.
3. “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.
4. “Guardian” means:
a. An adult who is the spouse of a minor;
b. An adult related to the minor, who has taken over the parental duties of governing the minor’s actions;
c. A duly appointed, qualified and acting guardian who has taken over the parental duties of governing the minor’s actions.
5. “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.
6. “Licensee” means a person who has an alcoholic liquor license from the commission authorizing such person to sell or dispense alcoholic liquor.
7. “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.
8. “Minor” means any person under the age of 21 years.
9. “Person” means an individual, partnership, corporation, association or club.
10. “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.
B. As used in this chapter, the singular includes the plural and the masculine includes the feminine. (Ord. 996 § 1, 2001; Ord. 642 § 1, 1954)
9.25.020 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 RMC 9.25.050.
B. Any person visibly intoxicated. (Ord. 996 § 2, 2001; Ord. 833, 1976; Ord. 642 § 2, 1954)
9.25.030 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 licensed premises. (Ord. 996 § 3, 2001; Ord. 642 § 3, 1954)
9.25.040 Purchase or possession of liquor by minor.
A. Except as provided in RMC 9.25.050, 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. 996 § 4, 2001; Ord. 833, 1976; Ord. 642 § 4, 1954)
9.25.050 Lawful consumption of liquor by minor.
Nothing in this chapter contained shall be construed as prohibiting a parent or guardian of a minor from giving such minor alcoholic liquor and permitting him to consume the same within the home of such parent or guardian of the minor where the parent or guardian is present. (Ord. 996 § 5, 2001; Ord. 642 § 5, 1954)
9.25.060 Loitering on licensed premises by minors.
Except as provided in RMC 9.25.080, no minor, whether or not he is accompanied by a parent or guardian, 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. (Ord. 996 § 6, 2001; Ord. 642 § 6, 1954)
9.25.070 Minors not permitted to drink or loiter on licensed premises.
A. 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 other 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 RMC 9.25.080.
3. Remain upon such premises or any portion thereof, except as provided in RMC 9.25.080.
B. The fact that a parent or guardian 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 RMC 9.25.080. (Ord. 996 § 7, 2001; Ord. 642 § 7, 1954)
9.25.080 Permitting minors on licensed premises.
A. The provisions of RMC 9.25.060 and 9.25.070 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. 996 § 8, 2001; Ord. 642 § 8, 1954)
9.25.090 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 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. 996 § 9, 2001; Ord. 642 § 9, 1954)
9.25.100 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. 996 § 10, 2001; Ord. 642 § 11, 1954. Formerly 9.25.110.)
9.25.110 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. 996 § 11, 2001; Ord. 642 § 12, 1954. Formerly 9.25.120.)
9.25.120 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 said premises. (Ord. 996 § 12, 2001; Ord. 642 § 13, 1954. Formerly 9.25.130.)
9.25.130 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 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. 996 § 13, 2001; Ord. 642 § 14, 1954. Formerly 9.25.140.)
9.25.140 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 1:00 a.m. and 7:00 a.m.
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 between the hours of 2:30 a.m. and 7:00 a.m. (Ord. 996 § 14, 2001; Ord. 642 § 16, 1954. Formerly 9.25.160.)
9.25.150 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 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. 996 § 15, 2001; Ord. 642 § 18, 1954. Formerly 9.25.180.)
9.25.160 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 under the Liquor Control Act. (Ord. 996 § 16, 2001; Ord. 642 § 22, 1954. Formerly 9.25.230.)
9.25.170 Nuisances.
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 in violation of the law, hereby are declared to be a common nuisance; and any person who maintains or assists in maintaining such common nuisance is guilty of a violation of this chapter. (Ord. 996 § 17, 2001; Ord. 642 § 23, 1954. Formerly 9.25.240.)
9.25.180 Possession of open container.
No person shall have in possession on his person any bottle, can or other receptacle containing alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed, while in or upon any of the following places:
A. A public street, sidewalk or parking lot;
B. Schools and school grounds;
C. Private parking areas that are open to public travel. (Ord. 996 § 18, 2001; Ord. 642 § 21(B), 1954. Formerly 9.25.220.)
9.25.190 Drinking in public places.
No person shall drink or consume alcoholic liquor in or upon a public street, alley, mall, parking lot or structure, motor vehicle, public grounds or other public place unless such place has been licensed for that purpose by the Oregon Liquor Control Commission. (Ord. 996 § 19, 2001; Ord. 642 § 21, 1954. Formerly 9.25.210.)
9.25.200 Responsibility of licensee for employees.
Each licensee is responsible and liable to prosecution for any violation of any provision of this chapter pertaining to 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. 996 § 20, 2001; Ord. 642 § 25, 1954. Formerly 9.25.260.)
9.25.210 Penalty.
Violation of any provision of this chapter is punishable by a fine not exceeding $2,500, or by imprisonment not to exceed 180 days, or both. (Ord. 996 § 21, 2001; Ord. 642 §§ 26, 26(B), 1954. Formerly 9.25.270.)
9.25.220 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 licensed premises, the municipal court shall notify the Commission of such conviction. (Ord. 996 § 22, 2001; Ord. 642 § 27, 1954. Formerly 9.25.280.)