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Ord 1727COUNCIL BILL N0. 599 ORDINANCE N0. 1127 AN ORDINANCE RELATING TO ALCOHOLIC LIQUOR; PROVIDING A PENALTY AND REPEALING ORDINANCE N0. 1615. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. Definitions. (1) For the purposes of this ordinance, the following words and phrases shall mean: (a) Alcoholic liquor. Any alcoholic beverage containing more than one-half of 1 percent alcohol by volume, and every liquid or solid, patented or not, containing alcohol and capable of being consumed by a human being. (b) Commission. The Oregon Liquor Control Commission. (c) Distilled spirits or distilled liquor. Any alcoholic beverage containing more than 14 percent of alcohol by volume, including sweet wines and all spiritous liquor. (d) Licensee. A person who has an alcoholic liquor license from the corr~ission authorizing such person to sell or dispense alcoholic liquor. (e) Licensed premises. The room or inclosure 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. (f) Liquor Control Act. 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. (g) Minor. Any person under the age of 21 years. (h) Other responsible relative. (i) An adult who is the spouse of a minor. (ii) An adult, related to the minor, who has taken over the parental duties of governing the minor's actions. Page 1 - COUNCIL BILL N0. 599 ORDINANCE N0. 1727 (iii} A duly appointed, qualified and acting guardian who has taken over the parental duties of governing the minor's actions. (i} Person. An individual, partnership, corporation, association or club. (j} Sell. 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. (2} As used in this ordinance, the singular includes the plural and the masculine includes the feminine. Section 2. Providing Liquor to Certain Persons Prohibited. ~o person shall sell, give, furnish, serve or otherwise make available any alcoholic liquor to: (1} Any minor except as provided in Section 5 of this ordinance. (2} Any person visibly intoxicated. Section 3. Persons ~1ot Allowed to Drink Alcoholic Liquor on Licensed Premises. (1} ~Vo person shall allow or permit any person who is visibly intoxicated to drink or consume any alcoholic liquor upon any licensed premises. (2} iVo bartender shall drink or consume any alcoholic liquor, or be under the influence of alcoholic liquor, while on duty in a licensed premises. Section 4. Purchase or Possession of Liquor by a Minor. (1} Except as provided in Section 5 of this ordinance, no minor shall attempt to purchase, purchase or acquire, or have in his possession any alcoholic liquor. Page 2 - COU~dCIL BILL CVO. 599 ORDI~A~lCE PJO. 1727 (2) For the purpose of this section, possession of alcoholic liquor includes the acceptance or consumption of a bottle 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. (3) Any person who violates Section 4 of this ordinance commits a violation punishable by a fine of not more than X250.00. Section 5. Lawful Consumption of Liquor by Minor. Nothing in this ordinance 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. Section 6. Loitering on Licensed Premises by Minors. (1) Except as provided in Section 8 of this ordinance, 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 to prohibit the use thereof by minors, except as authorized by rule or necessitated by emergency. (2) Any person who violates Section 6 of this ordinance commits a violation punishable by a fine of not more than $250.00. SectlOn 7. Minors not Permitted to Drink nr Initar nn lirpncp~ PrAmicac (1) No licensee or his employee or agent shall permit any minor to: (a) Consume any alcoholic liquor upon any ]icensed premises, whether or not such alcoholic liquor is given to the minor by a parent or other responsible relative. Page 3 -COUNCIL BILL ~0. 599 ORDLNANCE N0. 1727 (b} Loiter on such licensed premises which have been posted by the commission to prohibit the use thereof by minors, except as provided in Section 8 of this ordinance. (c) Remain upon such premises or any portion thereof, except as provided in Section 8 of this ordinance. (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 Section 8 of this ordinance. (3} violation of Section 7 of this ordinance is punishable by a fine of not more than $250.00. Section 8. Permitting Minors on Licensed Premises. (1} The provisions of Section 6 and 7 of this ordinance 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. Section 9. Delivering or Se]ling Liquor by Minor. (1} Except as provided in Subsection (3), no minor, either for him- self or as agent or employee of another, shall sell, offer for sale or deliver any alcoholic liquor Page 4 - COUNCIL BILL id0. 599 ORDI~A~CE No. 1727 (2} Except as provided in Subsection (3}, no person shall employ, hire or engage any minor to sell, offer for sa]e or deliver any alcoholic liquor. (3) Any employee 1B 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, Section 10. 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. Section 11. 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. Section 12. 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. Section 13. Disposal of Liquor Containers. (1} ado 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. (2} 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. Section 14. Lawful Hours of Sa]e. (1) ado package store licensee shall sell, dispense, deliver or permit the removal of any alcoholic liquor from the licensed premises between the hours Page 5 -COUNCIL BILL 6V0. 599 ORDI~~A~dCE PJO. 1727 of 1:00 a.m, and 7:00 a.m. (2) ;~o retail malt beverage restaurant or dispenser licensee shall sell, deliver, dispense 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. Section 15, Defense of Written Age Statement. If a licensee or his employee or his agent is prosecuted in the municipal court under this ordinance 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. Section 16. Liquor in Public Dance Hall. ado 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. Section 17, ~iuisances. 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 ail facilities for the mixing Page 6 - COUNCIL BILL 99 ORDINA~JCE N0. ~2~ storing, serving or drinking of alcoholic liquor kept and used in such place, 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 ordinance. Section 18. Arresting Officer to Seize ,Property. When an officer arrests any person for violation of this ordinance, the officer shall take into his possession a]1 alcoholic liquor and other property included under Section 17 of this ordinance which the person arrested has in his possession or on his premises, which apparently is being used or kept in violation of this ordinance. If the person arrested is convicted and the court finds that the alcoholic liquor and other property have been used in violation of this ordinance, such forfeiture proceedings as are authorized by ORS 471.fi05 and 471.610 may be instituted. Section 19. Responsibility of Licensee for Employees. Each licensee is responsible and liable to prosecution for any violation of any provision of this ordinance 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 ordinance. Section 20. Responsibility of Licensees for Conduct of Others. Each licensee may be held responsible for violation of any liquor control law or administrative rule or regulation of the commission affecting his license privileges and for any act or omission of his servant, agent, employee, or representative in violation of any law, municipal ordinance, administrative rule, or regulation affecting his license privileges. Page 7 - COUiVCIL BILL N0. 599 ORDI~IA~fCE l~0. 1727 Section 21. Prohibited Conduct on Licensed Premises. (1) ~Jo licensee, manager, operator, bartender, waiter, employee or other agent shall consume, or be under the influence of, alcoholic liquor during the hours he is working in or upon licensed premises. (2~ No licensee shall permit or tolerate any loud noisy, disorderly or boisterious conduct, or any profane or abusive language, in or upon his licensed premises. (3) No licensee shall permit empty or discarded alcoholic beverage containers to be in public view outside the licensed premises. (4) ~Jo licensee shall permit any gambling activity made unlawful by ORS 167.117 to 167.162, or any other criminal conduct to occur on the licensed premises. A criminal conviction is not required to establish a violation of this subsection, but conviction ~r acquittal on a related criminal charge may be considered in the hearing on a charge of violating this subsection. An employee of the commission who observes or has other evidence of a gambling offense or other criminal conduct occurring on a licensed premises shall report this information to the police agency having jurisdiction and render reasonable assistance, if requested, in further investigation and prosecution of the conduct. Section 22. Penalties. Except when other penalties are specifically provided for, violation of any provision of this ordinance is punishable by a fine not exceeding $500.00, or by imprisonment not to exceed 90 days, or both. Section 23. 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 commission of such conviction. Page 8 -COUNCIL BILL N0. 599 ORDINANCE N0. 1727 Section 24. Severabi l i ty. The sections and subsections of this ordi - nance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 25. Review. This. ordinance will be reviewed by City Council in January of every even numbered year. This ordinance will be reconciled with any changes made by the State Legislature in the Oregon Liquor Control Act. Section 26. Repeal. Ordinance ado. 1615 is hereby repealed and Ordinance ado. 959 is not revived. } ,; , f.A .f APPROVED: s ~ ; ~`~~~ -~~,~' . Walter La ~on, Mayor Passed by the Counci] Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder November 10, 1980 November 10, 1980 November 12, 1980 November 12, 1980 ,~~' ~ ~- Barney Bu r1s, Recorder City o Woodburn, Oregon Page 9 - COUNCIL BILL Ng172~99 ORDINANCE N0. I, BARP~EY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I caused to be posted three copies of Ordinance Rio. 1727, one of which said copies posted in the City Hall on the bulletin board opposite the entrance to the Recorder's Office, in full view of the traveling public? a second one of said co-pies posted on the ~~~oodburn Public Library bulletin board at 280 Garfield Street, in full view of the traveling publics a third one of said copies posted on the Community Center bulletin board at 491 N. Third St., in fu11 view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn and all of said copies were posted on the ~ day of np (~~; , 1980 :~ ~. orr~ j• '`Barney 0. Burris, Recorder ~ City of Woodburn, Oregon