Ord 1615COUNCIL BILL N0. 444
ORDINANCE N0. 1615
AN ORDINANCE RELATING TO ALCOHOLIC LIQUORS PROVIDING A PENALTY;
AND REPEALING ORDINANCE N0. 959.
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 per cent 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 per cent of
alcohol by volume, including sweet wines and all spiritous
liquor.
(d} Licensee. A person who has an alcoholic liquor
license from the commission authorizing such person to sell
or dispense alcoholic liquor.
(e) Licenses premises. The room or inclosure at the
address within the corporate limits of the City for which
a license has been issued by the commisssion 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.
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Ordinance No. lbl5
(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. No person shall sell, give, furnish, serve or other-
wise 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 Not Allowed to Drink Alcoholic
Liquor on Licensed Premises.
(1} No person shall allow or permit any person who is
visibly intoxicated to drink or consume any alcoholic liquor
upon any licensed premises.
(2}..No 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 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.
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(2~) For the purposes of this section, possession of alco-
holic 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.
Section 5. Lawful Consumption of Liquor ~ 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.
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 by the commission
to prohibit the use thereof by minors.
Section 7. Minors Not Permitted to Drink or Loiter
on Licensed Premises.
{1) No licensee or his employe 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 Section 8 of this ordinance.
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(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.
Section 8. Permitting Minors on Licensed Premises.
(1) The provisions of Sections 6 and ? 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 Selling Liquor b~ Minor.
(1) Except as provided in Subsection (3), no minor, either
for himself or as agent or employe of another, shall sell, offer
for sale or deliver any alcoholic liquor.
(2) Except as provided in Subsection (3), no person shall
employ, hire or engage any minor to sell, offer for sale or
deliver any alcoholic liquor.
(3) Any employe 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.
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Ordinance No. 1615
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 employe 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 employe 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 employe
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) No licensee or his employe 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 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
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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.
Section 15. Defense of Written Age Statement.
If a licensee or his employe 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 employe 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 commisison; and such state-
ment shall constitute a prima facie defense.
Section 16. 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.
Section 17. 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
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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, 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.
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When an officer arrests any person for violation of this ordinance,
the officer shall take into his possession all 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 471.605 and 471.610 may be instituted.
Section 19. Responsibility of Licensee for Employes.
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 employe of such licensee in violation of any provision
of this ordinance.
Section 20. Penalties. 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 21. Liquor Commission to Be Notified. When
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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.
Section 22. Severability. The sections and subsections
of this ordinance are severable. The invalidity of any section
or subsection shall not affect the validity of the remaining
sections and subsections.
Section 23. Repeal. Ordinance No. 959, enacted
May 4, 1954, is repealed.
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APPROVE ~ ~.... ~ ~~ / .;~ ~!.,~-~
NLEY C. SS, Mayor
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
June 13, 1978
June 13, 1978
June 14, 1978
June 14, 1978
BARNEY O BURR , Recorder
City of Woodburn, Oregon
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Ordinance No. 1615
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1615, one of which said copies posted in the
City Hall on the bulletin board adjacent to the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on t he Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Community Center bulletin board at 491 N. Third St.,
in full 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 , 1978.
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Barney 0 Bur is, Recorder
City of Woodburn, Oregon