OLCC proposed changes

Partial text of SB 383:
{ + NOISE ON AND AROUND LICENSED PREMISES + } SECTION 4. ORS 471.329 is amended to read: 471.329. (1) For the purpose of { - determining - } { + making a determination of + }whether there is a history of serious and persistent problems involving noise under the provisions of ORS 471.313 (5) and 471.315 (1)(c) { + , making a determination of whether a licensee maintains a noisy establishment in violation of the provisions of ORS 471.425 or making any other determination relating to issuance of licenses or licensee discipline based on noise from licensed premises + }:

{ - (a) Noise from the inside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance; and - }

{ - (b) Noise caused by patrons outside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance or if the noise is of a type that a reasonable person would not expect to hear outside a premises licensed for the sale of alcoholic beverages. - }

{ + (a) Noise from inside a licensed premises located within the boundaries of a city or county may be considered by the Oregon Liquor Control Commission only if the city or county has an ordinance regulating excessive noise and the licensee has been convicted of violating the ordinance; (b) Noise caused by patrons outside a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered by the commission only if the licensee has been convicted of violating the ordinance; and (c) Noise caused by patrons outside a licensed premises located within the boundaries of a city or county that does not have an ordinance regulating excessive noise may be considered by the commission only if the noise is of the type that a reasonable person would not expect to hear outside a premises licensed for the sale of alcoholic beverages. + }

(2) For the purpose of { - determining - } { + making a determination of + } whether noise is obtrusive under the provisions of ORS 471.313 (5) and 471.315 (1)(c), { + making a determination of whether a licensee maintains a noisy establishment in violation of the provisions of ORS 471.425 or making any other determination relating to issuance of licenses or licensee discipline based on noise from licensed premises, + } the Oregon Liquor Control Commission shall consider whether persons complaining about the noise have taken any action to mitigate the disturbance alleged to have been caused by the noise.

SECTION 5. { + The amendments to ORS 471.329 by section 4 of this 2001 Act apply to all licenses issued under ORS chapter 471, whether issued before, on or after the effective date of this 2001 Act. + }

By Amy Cammack

SB 383 passes Senate-

From: Cammack, Amy
To:
Subject: Follow up regarding SB 383
Date: Friday, May 11, 2001 1:24 PM

I have received some response to my prior email regarding SB 383 which would eliminate noise as a consideration in liquor licensing. What some neighborhood associations are pursuing is a letter to the legislature from the association (upon vote or appropriate decision making action) and also letters or calls from individual neighbors or association representatives.

What I see as the key elements to communicate is that: noise is a significant livability issue, the OLCC should be allowed to take into consideration all issues that are related to the sale and service of alcohol including noise, and section 4 of Senate Bill 383 must be removed.

As stated in the last message, SB 383 has passed the Senate and is currently assigned to the House Committee on Rules, Redistricting and PublicAffairs.

Letters/calls to the Committee can be addressed to the Chair of the Committee, Representative Carl Wilson (see below). There are three other Representatives on the committee from the Portland area that should also be contacted/copied - Dan Gardner, Steve March and Richard Devlin (see below).

If it passes the House Rules Committee, it would go to the entire House for vote so you may also want to contact other Representatives. To find the representative for your area of Portland, go to the following web address:
http://www.leg.state.or.us/findlegsltr/findset.htm

Following are the addresses for the Committee members listed above:
Chair of the Committee:
Representative Carl Wilson
Party: R
District: 49
Capitol Phone: 503-986-1449
Capitol Address: 900 Court St. NE H-496, Salem Or 97301
Email Address: wilson.rep@state.or.us mailto:wilson.rep@state.or.us>
Web page Address: http://www.leg.state.or.us/wilson/ ../wilson/home.htm>

Other Committee Members from Portland area :
Representative Dan Gardner
Party: D
District: 13
Capitol Phone: 503- 986-1900
Capitol Address: 900 Court St. NE H-395, Salem Or 97301
Email Address: gardner.rep@state.or.us mailto:gardner.rep@state.or.us>
Web page Address: http://www.leg.state.or.us/house/democrat.htm


Representative Steve March
Party: D
District: 15
Capitol Phone: 503-986-1415
Capitol Address: 900 Court St. NE H-384, Salem Or 97301
Email Address: march.rep@state.or.us mailto:march.rep@state.or.us>
Web page Address: http://www.leg.state.or.us/march/ ../march/home.htm>

Representative Richard Devlin
Party: D
District: 24
Capitol Phone: 503- 986-1424
Capitol Address: 900 Court St. NE H-495, Salem Or 97301
Email Address: devlin.rep@state.or.us mailto:devlin.rep@state.or.us>
Web page Address: http://www.leg.state.or.us/devlin/ <../devlin/home.htm>


RICHMOND Senator and Representative

Our reps are
Representative Diane Rosenbaum
900 Court Street
Salem OR 97301

Senator Kate Brown
State Capital
Salem OR 97301
Please contact me if you have any further questions.
Thanks,
Amy Cammack
Liquor Licensing Specialist
Office of Neighborhood Involvement
City of Portland
1221 SW Fourth Avenue, Room 110
Portland, Oregon 97204
(503) 823-3092

By Amy Cammack