HomeMy WebLinkAboutOrdinance No. 20160ORDINANCE NO.20164
AN ORDINANCE CONCERNING ALCOHOL RELATED
OFFENSES; ADDING SECTIONS 4.131, 4.191 AND 4.908;
AND AMENDING SECTIONS 4.155 AND 4.990 OF THE
EUGENE CODE,1971.
The City Council of the City of Eugene finds that:
A. In order to better protect the safety, welfare, health and peace of the community, it
is the desire of the City Council to adapt ordinances governing certain alcohol related conduct with
the goal of curbing abuses in the distribution and consumption of alcoholic beverages by undera e
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persons.
NOw, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Anew Section 4.131 is hereby added to the Eugene Code,1971, to provide:
4.131 Minors - Allawin Unlawful Alcohol Consum tion on Private Premises. No ersan
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who exercises control over private real property may knowingly allow any other
person under the age of 21 years who is not a child or minor ward of the person to consume alcoholic
liquor an the property, or allow any other person under the age of 21 years who is not a child or
minor ward of the person to remain on the property if the person under the age of 21 years consumes
alcoholic liquor on the property. The prohibitions of this section apply only to a person who is
present and in control of the location at the time the consumption occurs. The prohibitions of this
section do not apply to the owner of rental property, or the agent of an owner of rental property,
unless the consumption occurs in the individual unit in which the owner or agent resides.
Section 2. Section 4.155 of the Eugene Code,1971, is amended to provide:
4.155 Sales B Unlicensed Persons Prohibited.
~1} No person shall sell alcoholic liquor unless the person has obtained a license
from the commission.
~2} Sales by a licensee or a licensee's employee shall be only the sales as
authorized by the license issued for the premises.
~3} No person shall sell alcoholic beverages to or at any place, where, without a
license, alcoholic beverages are sold or offered far sale. No licensee shall sell or offer for sale any
alcoholic beverage in a manner, or to a person, other than the license permits the licensee to sell.
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(4} No person not licensed under the Liquor Control Act shall sell or take orders
for alcoholic beverages.
Section 3. Anew Section 4.191 is hereby added to the Eugene Code,1971, to provide:
4.191 Possession of Unlabeled Ke of Beer.
~ 1 } All sales of kegs of malt beverages to consumers who are not licensees of the
Oregon Liquor Control Commission must comply with the identification and recei t re uirements
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specified in ORS 471.4781}.
~2} Possession of a keg containing malt beverages which is not identified as
required by SRS 471.47$1} is prohibited.
~3} A person who signs a receipt under subsection ~1} of this section in order to
obtain a keg, knowing the receipt to be false, or who falsifies any information re uired on the
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receipt, xs guzlty of false swearing as prescribed by section 4.908.
~4} As used in this section, "keg" means any brewery-sealed, individual container
of malt beverage having a liquid capacity of more than seven gallons.
Section 4. Anew Section 4.908 is hereby added to the Eugene Code,1971, to provide:
4.90$ False Swearin . A person commits the crime of false swearing if the person makes
a false sworn statement, knowing it to be false.
Section 5. Section 4.990 of the Eugene Code,1971, is amended by amending the penalty
for violation of Section 4.115; adding penalties fox violation of Sections 4.131, 4.191, and 4.908 in
numerical order in the penalty table in Subsection (1) thereof, and adding Subsections (10) and (11)
thereto; and by amending Subsection ~2}~c}, to provide:
4.990 Penalties - S ecific.
~1 } Violation of the following sections is punishable by f ne, confinement in jail,
community service, or a combination thereof, up to the amounts indicated opposite each:
Section Penal
4.115 250 f ne
4.131 See subsection X10} of this section
4.191 See subsection X11} of this section
4.905 2,500 fine or 100 days in jail, or both
~2} Except when a different penalty is expressly provided in subsection ~ 1 } of this
section, violation of sections 4.330 to 4.490 is punishable as provided in this subsection:
~c} For section 4.3703}, 4.405, 4.460, 4.465, 4.470 or 4.490 by a fine not
more than $15 0.
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X10} A first violation of section 4.131 is punishable by a fine not to exceed $350.
A second and subsequent violations of section 4.131 is punishable by a fine not to exceed $1,000.
In addition to, or in lieu of such fine, the court may order the person to perform community service
as determined by the court.
X11} A first violation of section 4.191 is punishable by a fzne not to exceed $350
or confinement in jail not to exceed 100 days, or both such fine and imprisonment. A second and
subsequent violations of section 4.191 is punishable by a f ne not to exceed $2,500 or confinement
in jail not to exceed 100 days, or both such fine and imprisonment. In addition to, or in lieu of such
fine andlor imprisonment, the court may order the person to perform community service as
determined by the court.
Section 6. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in other
provisions of the Eugene Code,1971, to the provisions added, amended or repealed herein.
Passed by the City Council this
26th day of July,1999.
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City Recorder
Approved by the Mayor this
th day of July, 1999.
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Mayor
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