Chapter 9.10 INTOXICANTS AND PARAPHERNALIA

“Abuse” means the repetitive excessive use of a drug short of dependence, without legal or medical supervision, which may have a detrimental effect on the individual or society.

“Alcoholic liquor” means any liquid or solid containing more than one-half of one percent of alcohol by volume and capable of being consumed by a human being.

“Cider” means an alcoholic beverage made from the fermentation of the juice of apples or pears that contains not less than one-half of one percent and not more than seven percent of alcohol by volume, including but not limited to flavored, sparkling or carbonated cider.

“Commercial establishment” means a place of business where food is cooked and served and having adequate kitchen facilities for the preparation and serving of meals and having for that purpose proper dining space. “Commercial establishment” includes athletic clubs and golf clubs operated for profit. A commercial establishment must serve meals to the general public or, if the commercial establishment is an athletic club or golf club, must serve meals to the club’s members and guests.

“Commission” means the Oregon Liquor Control Commission (OLCC) as provided for by the Oregon Liquor Control Act.

Controlled Substance. ORS 475.005(6) is adopted for the purpose of defining the term “controlled substance” as that term is used in this chapter.

“Distilled liquor” means any alcoholic beverage other than a wine or malt beverage. Distilled liquor includes distilled spirits.

“Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

“Hard liquor” means an alcoholic beverage, including sweet wines and all spirituous liquors, containing 14 percent or more of alcohol by volume.

“Intoxicate” means to excite or stupefy by alcohol or a drug to the point where physical and mental control is markedly diminished.

“Intoxication” means an abnormal state that is essentially a poisoning. The condition of being drunk.

“Licensed premises” means the room or enclosure for which a license has been issued by the commission for the serving, mixing, handling or selling of alcoholic liquor.

“Licensee” means a person holding a license issued from the commission authorizing such person to sell or dispense alcoholic liquor.

“Malt beverage” means an alcoholic beverage obtained by the fermentation of grain that contains not more than 14 percent alcohol by volume. “Malt beverage” includes beer, ale, porter, stout and similar alcoholic beverages containing more than 14 percent alcohol by volume. “Malt beverage” does not include an alcoholic beverage obtained by fermentation of rice.

“Manufacturer” means every person who produces, brews, ferments, manufactures or blends an alcoholic beverage within this state or who imports or causes to be imported into this state an alcoholic beverage for sale or distribution within the state.

“Marijuana” means all parts of the plant Cannabis family Moraceae, whether growing or not, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.

“Minor” means a person under the age of 21 years unless otherwise stated.

“Open alcoholic beverage container” means a container which contains an alcoholic liquor, hard liquor, or malt beverage including, but not limited to, bottles, cans, glasses, cups or other containers capable of holding any such beverage which is not sealed or resealed.

“Oregon Liquor Control Act” means the state law so designated by ORS 471.027 as now or hereafter amended and supplemented.

“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; or (3) a duly appointed, qualified and acting guardian who has taken over the parental duties of governing the minor’s actions.

“Permittee” means a person holding a permit issued under ORS 471.001(8).

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

“Possess” means to have physical possession or otherwise dominion or control.

“Premises” or “licensed premises” means a location license under ORS Chapter 471 and includes all enclosed areas at the location that are used in the business operated at the location including offices, kitchens, rest rooms and storerooms, including all public and private areas where patrons are permitted to be present. It includes areas outside of a building that the commission has specifically designated as approved for alcoholic beverage service or consumption.

“Prescription” means a written or oral direction, given by a practitioner for the preparation and use of a drug. When the context requires, “prescription” also means the drug prepared under such written or oral direction. Any label affixed to a drug prepared under written or oral direction shall prominently display a warning that the removal thereof is prohibited by law.

“Public place” means a place to which the general public has access and includes, but is not limited to, highways, streets, schools, playgrounds, parks and premises used in connection with public passenger transportation.

“Sell” means soliciting or receiving an order for, 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.

“Toxic vapors” means vapors released from a drug or other substance not a controlled substance as that term is defined at ORS 475.005(6), having a propensity to release vapors which cause intoxication, inebriation, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system.

“Wine” means any fermented vinous liquor or fruit juice, or other fermented beverage fit for consumption, containing more than one-half of one percent of alcohol by volume and not more than 21 percent of alcohol by volume. “Wine” includes fortified wine. “Wine” does not include cider. [Ord. 23-418-O § 33; Ord. 00-304-O § 1].

9.10.020 Drug paraphernalia.

A. Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

B. Kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance.

C. Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.

D. Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

E. Scales and balances used or intended for use in weighing or measuring controlled substances.

F. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances.

G. Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

H. Blenders, bowls, containers, spoons and mixing devises used or intended for use in packaging small quantities of controlled substances.

I. Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances.

J. Containers and other objects used or intended for use in storing or concealing controlled substances.

K. Hypodermic syringes, needles, and other objects used or intended for use in injecting controlled substances into the human body.

L. Objects used or intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as but not limited to:

1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.

2. Water pipes.

3. Carburetion tubes and devices.

4. Smoking and carburetion masks.

5. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.

6. Miniature cocaine spoons and cocaine vials.

7. Chamber pipes.

8. Carburetor pipes.

9. Electric pipes.

10. Air-driven pipes.

11. Chillums.

12. Bongs.

13. Ice pipes or chillers.

M. In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use.

2. The proximity of the object, in time and space, to a direct violation of this section.

3. The proximity of the object to controlled substances.

4. The existence of any residue of controlled substances on the object.

5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section should not prevent a finding that the object is intended for use as drug paraphernalia.

6. Instructions, oral or written, provided with the object concerning its use.

7. Descriptive materials accompanying the object which explain or depict its use.

8. National and local advertising concerning its use.

9. The manner in which the object is displayed for sale.

10. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

11. Direct or circumstantial evidence of the ratio of sale of the object(s) to the total sales of the business enterprise.

12. The existence and scope of legitimate uses for the object in the community.

13. Expert testimony concerning its use. [Ord. 00-304-O § 2].

9.10.030 Possession of drug paraphernalia.

It is unlawful for any person to use, deliver or possess with intent to use drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance except upon prescription of a licensed physician, dentist, or other person authorized to prescribe the same under the law of the state of Oregon. [Ord. 00-304-O § 3].

9.10.040 Manufacturing or delivery of drug paraphernalia.

It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this section. [Ord. 00-304-O § 4].

9.10.050 Advertising of drug paraphernalia.

It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects intended for use as drug paraphernalia. [Ord. 00-304-O § 5].

9.10.060 Inhaling toxic vapors prohibited.

No person shall smell or inhale toxic vapors for the purpose of causing a condition of intoxication, inebriation, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system. [Ord. 00-304-O § 6].

9.10.070 Use or possession of less than one ounce of marijuana.

A. No person shall knowingly or intentionally use or possess less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant marijuana unless used or processed pursuant to a prescription valid within the state of Oregon.

B. For purposes of this section, marijuana includes the leaves, stems, flowers and seeds of the plant Cannabis family Moraceae, whether growing or not, but shall not include the resin or oil extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation from such resin or oil, including hashish and natural or synthetic tetrahydrocannabinol, and shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. [Ord. 00-304-O § 7].

9.10.080 Delivery of drug paraphernalia to a minor.

Any person 18 years of age or older who violates RRMC 9.10.040 by delivering drug paraphernalia to a person under 18 years of age who is at least three years his/her junior is guilty of a special offense. [Ord. 00-304-O § 8].

9.10.090 Providing liquor to certain person prohibited.

No person shall sell, give, furnish, serve or otherwise make available any alcoholic liquor to any minor or any person visibly intoxicated. [Ord. 00-304-O § 9].

9.10.100 Persons not permitted to drink 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. 00-304-O § 10].

9.10.110 Purchase or possession of liquor by minor.

A. Except as provided in RRMC 9.10.120, 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. 00-304-O § 11].

9.10.120 Lawful consumption of liquor by minor.

Nothing contained in this chapter shall be construed as prohibiting a parent or responsible relative of a minor from giving such minor alcoholic liquor and permitting him/her to consume the same within the home of such parent or at such other private place not in view of the public where the parent or responsible relative is present. [Ord. 00-304-O § 12].

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

A. Except as provided in RRMC 9.10.140, no minor, whether or not he/she 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.

B. No licensee or his/her 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 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 RRMC 9.10.140.

3. Remain upon such premises or any portion thereof, except as provided by RRMC 9.10.140.

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 by RRMC 9.10.140. [Ord. 00-304-O § 13].

9.10.140 Permitting minors on licensed premises.

A. The provisions of RRMC 9.10.130 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/her lawful employment.

2. A minor spouse from entering and remaining on licensed premises, or any portion thereof, when he/she is in the immediate company of his/her 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 premises. [Ord. 00-304-O § 14].

9.10.150 Delivering or selling liquor by minor.

A. Except as provided in subsection (C) of this section, no minor, either for him/herself 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 store having a store license from the Commission may sell any alcoholic liquor authorized by such license on the licensed premises. [Ord. 00-304-O § 15].

9.10.160 Sales by unlicensed persons prohibited.

No person shall sell alcoholic liquor unless he/she 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. 00-304-O § 16].

9.10.170 Intoxicated persons on licensed premises.

No person or his/her employee or agent shall permit a visibly intoxicated person to enter upon the licensed premises. [Ord. 00-304-O § 17].

9.10.180 Bringing liquor onto licensed premises.

No licensee of the Commission, nor any agent or employee of such 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. 00-304-O § 18].

9.10.190 Disposal of liquor containers.

A. No licensee or his/her 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. 00-304-O § 19].

9.10.200 Lawful hours of liquor sale.

A. No package store licensee shall sell, dispense, deliver or permit the removal of any alcoholic liquor from the licensed premises except as authorized by the Commission.

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 except as authorized by the Commission. [Ord. 00-304-O § 20].

9.10.210 Misrepresentation of age of minor.

A. No minor shall falsely represent that he/she 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 a minor 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. 00-304-O § 21].

9.10.220 Age of minor – Defense of written statement.

If a licensee or his/her employee or his/her 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 enter or loiter upon the licensed premises, the licensee or his/her employee or agent may offer in his/her 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. 00-304-O § 22].

9.10.230 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 by the Commission. [Ord. 00-304-O § 23].

9.10.240 Consumption of liquor in public place prohibited.

It is unlawful for any person to drink any intoxicating liquor upon any street or in any public place; provided, however, that nothing contained in this section applies to the drinking of any intoxicating liquor in any establishment or its associated sidewalk café wherein the same may be sold for premises consumption under the laws of the state.

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; where persons are permitted to resort for the purpose of drinking alcoholic liquors in violation of the law; 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; 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. Any person who maintains or assists in maintaining such common nuisance is guilty of an offense under this chapter. [Ord. 19-404-O § 1; Ord. 00-304-O § 24].

9.10.245 Public urination.

No person shall urinate or defecate in public view or in a public place other than in a restroom. [Ord. 19-404-O § 2].

9.10.250 Arresting officer to seize property.

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 RRMC 9.10.030 and 9.10.070 which the person arrested has in his possession or on his premises, which apparently is being used or kept in violation of this chapter. If the person arrested is convicted and the municipal court finds that the alcoholic liquor and other property have been used in violation of this chapter, such forfeiture proceedings as are authorized under ORS Chapter 471 may be instituted. [Ord. 00-304-O § 25].

9.10.260 Notification of Liquor Commission.

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. [Ord. 00-304-O § 26].

9.10.270 Duty of officers to enforce and inform the district attorney.

The police department shall enforce all provisions of the Liquor Control Act and assist the Oregon Liquor Control Commission in detecting violations of that statute and apprehending offenders. Each such enforcing officer having notice, knowledge or reasonable ground of suspicion of any violation of that statute shall immediately notify the district attorney, and furnish the district attorney with names and addresses of any witnesses, or other information within the officer’s knowledge, of such violation. [Ord. 00-304-O § 27].

9.10.280 Violation – Penalty.

Violation of any provision of this chapter is punishable, upon conviction, by a fine of not more than $1,000. [Ord. 23-418-O § 34; Ord. 00-304-O § 28].