Loading...
§ 130.35 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOLIC LIQUOR. An alcoholic beverage containing more than 0.5% of alcohol by volume.
   COMMISSION. The State Liquor Control Commission as provided for the State Liquor Control Act, being O.R.S. 471.027 et seq.
   DESIGNATED PICNIC AREA. The portion of a city park including and immediately surrounding picnic tables, outdoor fireplaces, outdoor grills, open-wall picnic shelters or stove facilities.
   HARD LIQUOR. An alcoholic beverage, including sweet wines and all spirituous liquors, containing 14% or more of alcohol by volume.
   LICENSED PREMISES. 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. A person who has an alcoholic liquor license from the Commission authorizing such person to sell or dispense alcoholic liquor.
   MALT BEVERAGE. A beverage as defined in the State Liquor Control Act.
   MINOR. A person under the age of 21 years unless otherwise stated.
   OTHER RESPONSIBLE RELATIVE.
      (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.
   SELL. 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.
   STATE LIQUOR CONTROL ACT. The state law so designated by O.R.S. 471.027 as now or hereafter amended and supplemented, and includes the State Distilled Liquor Control Act, as defined by O.R.S. 471.230, as now or hereafter amended and supplemented.
   TOXIC VAPORS. Vapors released from drugs, from substances containing ketones, aldehydes, organic acetates, ether, toluene, chlorinated hydrocarbons, solvents or from other matter having a propensity to release vapors which cause intoxication, inebriation, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system.
(Prior Code, § 130.30) (Ord. 259, passed 5-8-1979)
§ 130.36 SALES TO CERTAIN PERSONS PROHIBITED.
   No person shall sell, give, furnish or serve alcoholic liquor to:
   (A)   A minor, except as provided in § 130.37;
   (B)   A person visibly intoxicated; or
   (C)   A person under an order of interdiction by a court.
(Prior Code, § 130.31) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
§ 130.37 MINORS.
   (A)   Purchase and the like, prohibited; exception. Except as provided in this section, no minor shall purchase, acquire or have in his or her possession alcoholic liquor.
   (B)   Lawful consumption. Nothing contained in this subchapter shall be construed as prohibiting a parent or other responsible relative of a minor from giving a minor alcoholic liquor and permitting him or her to consume it within the home of the parent or other responsible relative of the minor, or at other private places not in view of the public where the parent or other responsible relative is present.
   (C)   Delivering or selling. Except as provided by O.R.S. 471.480, no minor, either for himself or herself, or as agent or employee of another, shall sell, offer for sale or deliver an alcoholic liquor. Nor shall a person employ, hire or engage a minor to sell, offer for sale or deliver alcoholic liquor.
   (D)   Falsely representing age. No minor shall falsely represent his or her age, or produce evidence that would falsely indicate his or her age, for the purpose of securing a right, benefit or privilege denied minors by this subchapter. Nor shall a person falsely represent a minor to be 21 years of age or older for the purpose of securing or assisting the minor in securing any right, benefit or privilege denied to minors by this subchapter.
(Prior Code, § 130.32) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
§ 130.38 PERMITTING INTOXICATED PERSONS ON LICENSED PREMISES.
   No licensee, his or her employee or agent shall permit a visibly intoxicated person to enter on licensed premises which the licensee controls.
(Prior Code, § 130.33) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
§ 130.39 CONSUMPTION IN UNLICENSED PUBLIC PLACES PROHIBITED.
   (A)   Except as provided in division (B) below, no person shall drink or consume alcoholic liquor in a public place or upon private property extended to the public for use unless licensed, in advance, for that purpose by the Liquor Commission.
   (B)   No person shall drink or consume alcohol in city parks unless in compliance with the following.
      (1)   Upon finding it to be in the public interest and consistent with city goals and policies, the City Council may, by motion, exempt a special event from the prohibitions of this section and allow malt beverages and alcoholic liquor to be consumed in the City Civic Center Park.
      (2)   The motion shall specify the period of time, the location covered by the exemption and must be licensed, in advance, for that purpose by the Liquor Commission.
(Prior Code, § 130.34) (Ord. 259, passed 5-8-1979; Ord. 416, passed 3-8-2010) Penalty, see § 130.99
§ 130.40 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.
(Prior Code, § 130.35) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
§ 130.41 INDUCING PERSONS TO INHALE TOXIC VAPORS.
   No person shall cause, invite or induce another to smell or inhale toxic vapors.
(Prior Code, § 130.36) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
Loading...