Chapter 9.08
ALCOHOLIC BEVERAGES
Sections:
9.08.010 Definitions and interpretation.
9.08.020 Providing liquor to persons under twenty-one.
9.08.030 Public drinking prohibited.
9.08.040 Purchase or possession by a minor.
9.08.050 Lawful consumption of liquor by minor.
9.08.060 Minor—Loitering on licensed premises prohibited.
9.08.070 Minor—When permitted on licensed premises.
9.08.080 Minor—Responsibility of licensee to prohibit loitering or drinking on licensed premises.
9.08.090 Minor—Delivering or selling liquor prohibited.
9.08.100 Minor—Misrepresentation of true age prohibited.
9.08.110 Sales by unlicensed persons prohibited.
9.08.120 Disposal of alcoholic liquor containers.
9.08.140 Arresting officer to seize property.
9.08.150 Responsibility of licensee for employees’ actions or omissions.
9.08.160 Liquor commission to be notified of conviction.
9.08.165 Failure to appear at a hearing.
9.08.010 Definitions and interpretation.
As used in this chapter:
(1) “Alcoholic liquor” means any alcoholic beverage containing more than one-half of one percent of alcohol by volume, capable of being consumed by a human being.
(2) “Commission” means the Oregon Liquor Control Commission as provided for by the Oregon Liquor Control Act.
(3) “Hard liquor” means any alcoholic beverage, including sweet wines and all spirituous liquors, containing fourteen percent or more alcohol by volume.
(4) “Licensed premises” means the room or enclosure at the address within the corporate limits of the city of which a license has been issued by the commission for the serving, mixing, handling or selling of alcoholic liquor.
(5) “Licensee” means a person who has an alcoholic liquor license from the commission authorizing such person to sell or dispense alcoholic liquor.
(6) “Malt beverage” means malt beverage as defined in the Oregon Liquor Control Act.
(7) “Minor” means any person under the age of twenty-one years.
(8) “Oregon Liquor Control Act” means the state law so designated by Oregon Revised Statute 471.027 as now or hereafter amended and supplemented, and includes the Oregon Distilled Liquor Control Act as defined by Oregon Revised Statute 472.010 as now or hereafter amended and supplemented.
(9) “Other responsible relative” 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; or
(c) A duly appointed, qualified and acting guardian who has taken over the parental duties of governing the minor’s actions.
(10) “Sell” includes soliciting or receiving an order for or keeping, offering or exposing for sale, delivering for value or in any way other than gratuitous, peddling, keeping with intent to sell, to traffic in, for any consideration, promised or obtained, direct or indirect, or under any pretext or by any means whatsoever, procuring or allowing to be procured alcoholic liquor for any other person.
(11) As used in this chapter the singular includes the plural and the masculine includes the feminine.
Statutory Reference: ORS 471.001 to 471.990
History: Ord. 1030 §2, 1984; Ord. 1203 §2, 1994.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
9.08.020 Providing liquor to persons under twenty-one.
(1) 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 twenty-one years. A person violates this subsection who sells, gives, or otherwise makes available alcoholic liquor to a person with the knowledge that the person to whom the liquor is made available will violate this subsection.
(2) A person who violates this section commits a Class “A” misdemeanor. The court shall impose at least a mandatory minimum sentence as follows:
(a) Upon a first conviction, a fine of three hundred fifty dollars ($350);
(b) Upon a second conviction, a fine of one thousand dollars ($1000);
(c) Upon a third or subsequent conviction, a fine of one thousand dollars ($1000) and not less than thirty (30) days of imprisonment.
(3) The court shall not waive or suspend imposition or execution of the mandatory minimum sentence required by subsection (2) of this section. In addition to the mandatory sentence the court may require the violator to make restitution for any damages to property where the alcoholic liquor was illegally consumed or may require participation in volunteer service to a community service agency.
Statutory Reference: ORS 471.410
History: Ord. 1030 §2, 1984; Ord. 1143 §1, 1991.
9.08.030 Public drinking prohibited.
(1) It is unlawful to drink or consume any alcoholic liquor or have in one’s possession any bottle, can or other receptacle containing any alcoholic liquor which has been opened, or a seal broken, or the contents of which have been partially removed, while in or upon any public street, alley, park or other public grounds, school grounds or municipal buildings; providing, however, that the City Council may permit the service and consumption of alcoholic liquors within designated municipal buildings and municipal parks on such terms and conditions as the Council may provide.
(2) Nothing in this section shall be deemed to prohibit drinking of any alcoholic liquor in any establishment wherein the same may be sold for on-premises consumption under the laws of the state.
Statutory Reference: ORS 430.325
History: Ord. 1030 §2, 1984; Ord. 1478 §1, 2017.
9.08.040 Purchase or possession by a minor.
Except as provided in GMC Section 9.08.050, no minor may purchase, acquire or have in his possession any alcoholic liquor.
Statutory Reference: ORS 471.430
History: Ord. 1030 §2, 1984.
9.08.050 Lawful consumption of liquor by minor.
Nothing in this chapter contained shall be construed as prohibiting a parent or other 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 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.
Statutory Reference: ORS 471.430
History: Ord. 1030 §2, 1984.
9.08.060 Minor—Loitering on licensed premises prohibited.
Except as provided in GMC Section 9.08.070, no minor, whether or not he is accompanied by a parent or other responsible relative, may 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.
Statutory Reference: ORS 471.430
History: Ord. 1030 §2, 1984.
9.08.070 Minor—When permitted on licensed premises.
(1) The provisions of GMC Sections 9.08.060 and 9.08.080 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 twenty-one 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.
Statutory Reference: ORS 471.430
History: Ord. 1030 §2, 1984.
9.08.080 Minor—Responsibility of licensee to prohibit loitering or drinking on licensed premises.
(1) No licensee or his employee or agent may 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 GMC Section 9.08.070;
(c) Remain upon such premises or any portion thereof except as provided in GMC Section 9.08.070.
(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 GMC Section 9.08.070.
Statutory Reference: ORS Ch. 471.410
History: Ord. 1030 §2, 1984.
9.08.090 Minor—Delivering or selling liquor prohibited.
(1) No minor, either for himself, or as agent or employee of another, may sell, offer for sale or deliver any alcoholic liquor.
(2) No person may employ, hire or engage any minor to sell, offer for sale or deliver any alcoholic liquor.
Statutory Reference: ORS Ch. 471.410
History: Ord. 1030 §2, 1984.
9.08.100 Minor—Misrepresentation of true age prohibited.
(1) No minor may 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.
(2) No person may falsely represent a minor to be twenty-one 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.
Statutory Reference: ORS 165.805, 471.135
History: Ord. 1030 §2, 1984.
9.08.110 Sales by unlicensed persons prohibited.
No person may 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.
Statutory Reference: ORS 471.205 to 471.355,471.360 to 471.390
History: Ord. 1030 §2, 1984.
9.08.120 Disposal of alcoholic liquor containers.
No person may discard, throw away or dispose of any container of alcoholic liquor, whether broken or not, upon any street, alley, public grounds or public place.
Statutory Reference: ORS 221.410 & ORS Ch. 471
History: Ord. 1030 §2, 1984.
9.08.130 Nuisances.
Any room, house, building, boat, structure or place of any kind whether 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, and any person who maintains or assists in maintaining such common nuisance is guilty of a violation of this chapter.
Statutory Reference: ORS 471.620
History: Ord. 1030 §2, 1984.
9.08.140 Arresting officer to seize property.
(1) 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 GMC Section 9.08.130 which the person arrested has in his possession, or on his premises, which apparently is being used or kept in violation of this chapter.
(2) 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 Oregon
Revised Statutes 471.605, 471.610 and 471.615 may be instituted.
Statutory Reference: ORS Chs. 71.657, 471.660
History: Ord. 1030 §2, 1984.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
9.08.150 Responsibility of licensee for employees’ actions or omissions.
Each licensee is responsible and liable to prosecution for any violation of any provision of this chapter pertaining to his or her 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.
Statutory Reference: ORS Ch. 71.385.
History: Ord. 1030 §2, 1984.
9.08.160 Liquor commission to be notified of conviction.
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.
Statutory Reference: ORS 221.410, ORS Ch. 471.
History: Ord. 1030 §2, 1984.
9.08.165 Failure to appear at a hearing.
(1) Any person cited for a violation of any provision of this code who requests a hearing and fails to appear at that hearing shall be deemed to have waived their right to a hearing. The court may make a finding and impose any appropriate penalty in the party’s absence.
(2) Fines so imposed, which are not paid within 20 days of notification, shall double.
Statutory Reference: ORS 221.410, ORS Ch. 471.
History: Ord. 1142 §1, 1991.
9.08.170 Violation—Penalty.
Violation of any provision of this chapter is punishable as a Class “A” infraction.
Statutory Reference: ORS 221.410, ORS Ch. 471.
History: Ord. 1030 §2, 1984.