Chapter 9.10
ALCOHOL1
Sections:
9.10.020 Providing liquor to certain persons prohibited.
9.10.030 Persons not allowed to drink alcoholic liquor on licensed premises.
9.10.040 Purchase or possession of liquor by minor.
9.10.050 Lawful consumption of liquor by minor.
9.10.060 Loitering on licensed premises by minors.
9.10.070 Minors not permitted to drink or loiter on licensed premises.
9.10.080 Permitting minors on licensed premises.
9.10.090 Delivering or selling liquor by minor.
9.10.100 Consumption of alcoholic liquors in public places.
9.10.110 Intoxicated persons on licensed premises.
9.10.120 Bringing alcoholic liquor upon licensed premises.
9.10.130 Disposal of liquor containers.
9.10.140 Lawful hours of sale.
9.10.150 Defense of written age statement.
9.10.160 Liquor in public dance hall.
9.10.180 Arresting officer to seize property.
9.10.190 Responsibility of licensee for employees.
9.10.200 Commission to be notified.
9.10.210 Sale or pledge of property of intoxicated persons.
9.10.010 Definitions.
For purposes of this chapter, the following words and phrases shall have the following meanings:
“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.
“Guardian” means:
(1) A court appointed guardian of the minor;
(2) An adult who is the spouse of a minor.
“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.
“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. 363 § 1, 2007; added during 1979 codification. Code 2002 § 9.04.010].
9.10.020 Providing liquor to certain persons prohibited.
Notwithstanding any other provisions of this chapter, no person shall sell, give, furnish, serve or otherwise make available any alcoholic liquor to:
(1) Any minor except as provided in SMC 9.10.050;
(2) Any person who is visibly intoxicated. A parent or guardian violates this subsection if they provide alcohol pursuant to SMC 9.10.050 to a visibly intoxicated minor. [Ord. 363 § 1, 2007; added during 1979 codification. Code 2002 § 9.04.020].
9.10.030 Persons not allowed to drink alcoholic liquor on licensed premises.
No person shall allow or permit any person who is visibly intoxicated to drink or consume any alcoholic liquor upon any licensed premises. [Added during 1979 codification. Code 2002 § 9.04.030].
9.10.040 Purchase or possession of liquor by minor.
(1) Except as provided in SMC 9.10.050, no minor shall attempt to purchase, purchase or acquire, or have in his possession any alcoholic liquor.
(2) 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. [Added during 1979 codification. Code 2002 § 9.04.040].
9.10.050 Lawful consumption of liquor by minor.
No one, other than the person’s parent or guardian, shall sell, give or otherwise make available any alcoholic liquor to a person under the age of 21 years. A person, including a parent or guardian, violates this subsection if that person sells, gives or otherwise makes available alcoholic liquor to another person with the knowledge that the person to whom the liquor is made available will violate this section. [Ord. 363 § 1, 2007; added during 1979 codification. Code 2002 § 9.04.050].
9.10.060 Loitering on licensed premises by minors.
Except as provided in SMC 9.10.080, 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. [Added during 1979 codification. Code 2002 § 9.04.060].
9.10.070 Minors not permitted to drink or loiter on licensed premises.
(1) No licensee or his employee or agent shall permit any minor to:
(a) 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;
(b) Loiter on such licensed premises which have been posted by the commission to prohibit the use thereof by minors, except as provided in SMC 9.10.080;
(c) Remain upon such premises or any portion thereof, except as provided in SMC 9.10.080.
(2) 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 SMC 9.10.080. [Added during 1979 codification. Code 2002 § 9.04.070].
9.10.080 Permitting minors on licensed premises.
(1) The provisions of SMC 9.10.060 and 9.10.070 shall not be construed to prohibit:
(a) 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;
(b) 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.
(2) This section shall not be construed to authorize a minor spouse to consume alcoholic liquor on any licensed premises. [Added during 1979 codification. Code 2002 § 9.04.080].
9.10.090 Delivering or selling liquor by minor.
(1) Except as provided in subsection (3) 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.
(2) Except as provided in subsection (3) of this section, no person shall employ, hire, or engage any minor to sell, offer for sale or deliver any alcoholic liquor.
(3) 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. [Added during 1979 codification. Code 2002 § 9.04.090].
9.10.100 Consumption of alcoholic liquors in public places.
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. [Added during 1979 codification. Code 2002 § 9.04.100].
9.10.110 Intoxicated persons on licensed premises.
No licensee or his employee or agent shall permit a visibly intoxicated person to enter or remain upon the licensed premises which the licensee controls. [Added during 1979 codification. Code 2002 § 9.04.110].
9.10.120 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. [Added during 1979 codification. Code 2002 § 9.04.120].
9.10.130 Disposal of liquor containers.
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. [Added during 1979 codification. Code 2002 § 9.04.130].
9.10.140 Lawful hours of sale.
(1) 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.
(2) 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. [Added during 1979 codification. Code 2002 § 9.04.140].
9.10.150 Defense of written age statement.
If a licensee or his employee or his agent is prosecuted in the municipal court 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. [Added during 1979 codification. Code 2002 § 9.04.150].
9.10.160 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. [Added during 1979 codification. Code 2002 § 9.04.160].
9.10.170 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; 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 a violation of SMC 9.10.020 to 9.10.210. [Added during 1979 codification. Code 2002 § 9.04.170].
9.10.180 Arresting officer to seize property.
When an officer arrests any person for violation of SMC 9.10.020 to 9.10.210, the officer shall take into his possession all alcoholic liquor and other property included under SMC 9.10.170 which the person arrested has in his possession or on his premises, which apparently is being used or kept in violation of SMC 9.10.020 to 9.10.210; if the person arrested is convicted and the court finds that the alcoholic liquor and other property have been used in violation of SMC 9.10.020 to 9.10.210, such forfeiture proceedings as are authorized by ORS 471.605 and 471.610 may be instituted. [Added during 1979 codification. Code 2002 § 9.04.180].
9.10.190 Responsibility of licensee for employees.
Each licensee is responsible and liable to prosecution for any violation of any provision of SMC 9.10.020 to 9.10.210 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 SMC 9.10.020 to 9.10.210. [Added during 1979 codification. Code 2002 § 9.04.190].
9.10.200 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 commission of such conviction. [Added during 1979 codification. Code 2002 § 9.04.200].
9.10.210 Sale or pledge of property of intoxicated persons.
No pawnbroker, junk dealer, chattel loan broker or other person shall purchase property from a person who is in an intoxicated condition or under the influence of a narcotic or dangerous drug, or advance or loan money to such person or have dealings with such person respecting the title to property. [Added during 1979 codification. Code 2002 § 9.04.210].
For statutory provisions on alcoholic liquor, see ORS 471.005 et seq.