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HomeMy WebLinkAboutOrdinance No. 19092ORDINANCE NO. 19092 AN ORDINANCE CONCERNING ALCOHOL RELATED OFFENSES; AMENDING SECTIONS 4.105, 4.1,10, 4.140, 4.160, 4.165, 4.190, 4.215 AND 4,990 OF THE EUGENE CODE, 1971; REPEALING SECTIONS 4.220, 4.230, AND 4.235 OF THAT CODE; AND DEC~,ARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOI,ZOWS; Section 1. Section 4.105 of the Eugene Code, 19?1, is hereby amended by deleting therefrom the definition for "Toxic vapors", and amending the definition for "Malt beverage", to read and pro-- vide; 4.105 Malt beverage. Beer, ale, porter, stout and simi- - I viii i~ ~~• i i. ~ii..~......m_.y.n.l _ lar beverages made of barley malt, hops and water, con- taining more than one-half of one percent of alcohol by volume and not more than l4 percent of alcohol by volume. Section 2. Subsection ~c~ of Section 4.110 of the Eugene Code, 1971, is hereby repealed. Section 3. Section 4.140 of the Eugene Code, l9?1, is hereby amended to read and provide: 4.144 Minors - Delivering or Se11__ing. Except as provided b~ ORS 4 71~. ~4 8 4~~~~ ~~~~~ 4 71~.~~~.4 ~~~~.~.~. andr. Y r , I 472.215, na minor, either for himself or herself, or as agent or employe 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. Section 4. Section 4.160 of the Eugene Code, 1971, is hereby amended to read and provide: 4.160 Conduct on Zicensed Premises. No licensee, or his or her employe or agent shall permit any loud, noisy, dis-~ orderly, or baistervus conduct, or any profane or abusive language, in or upon licensed premises which the licensee con- trols. Ordinance - 1 l9oq~ Section 5. Section 4.1G5 of the-Eugene Code, 1971, is hereby amended to read and provide: 4.1G5 Consumption of Li uor on Premises Licensed Cnly far Malt Beyera es. No licensee, ar his or her employe or agent shall knowingly permit hard liquor, or malt beverages containing more than eight percent of alcohol by weight, or wine containing more than 14 percent of alcohol by volume, to be brought on or consumed on the premises which he or she con- trols where the license of the premises permits only the sale and consumption of malt beverages. Section 6. Section 4.19a of the Eugene Code, 1971, is hereby amended to read and provide: 4.194 Consumption in Unlicensed Public Places Prohibited. ~ 1 } Except as provided in subsections ~ ~ } , t 3 } , and ~4} of this section, any consumption of alcoholic liquor is generally prohibited in all public places and on all private property extended tv the public far use, and no person shall drink or consume alcoholic liquor in such places or on such property. ~2} Alcoholic liquor may be drunk or consumed in any place licensed, in advance, for that purpose by the commission. t3} Malt beverages and alcoholic liquor other than hard liquor may be drunk or consumed within city parks, provided such drinking or consumption takes place only: ~a} In designated picnic areas, or fib} Within those city park buildings and enclosed park structures designated by the director of parks and recreation of the city which may be reserved or rented for public meeting purposes and so long as, if so re~ quired by stake law, the building or structure has been licensed, in advance, for drinking or consumption pur- poses by the commission. ~4} Mart beverages and alcoholic liquors may be drunk or consumed in the parking lot immediately adjacent to Autzen Stadium during a period commencing four hours before the start of a scheduled collegiate football game at Autzen Stadium and ending two hours after the game is completed. Section 7. Section 4.215 of the Eugene Code, 1971, is hereby amended to read and provide: 4.15 Convictions Re orted to State Li uor Control Commission. When a conviction is obtained against a licensee of the commission of a violation of any provision of the Oregon Liquor Control Act or violation of an ordinance which in any way in- volved alcoholic liquor, the municipal court or police depart- ment shall notify the commission of the conviction. ordinance - ~ i9~q~ Section 8. Sections x.224, 4.234, and 4.235 of the Eugene Code, 1971, are hereby repealed. Section 9, Subsection ~G} of Section 4.994 of the Eugene Code, 19?l, is hereby amended to read and provide: 4 , 994 Penalties -- __S~~if is . ~G} Except as provided in subsection ~12~ of this sec- tion, violation of ORS provisions made offenses against the city under sections 4.1,10 to 4.225 are punishable to the same extent provided in the statutes. Section 10. That the provisions contained herein affect the public welfare and safety and therefore, an emergency is hereby de~- Glared to exist, and this Ordinance sha11 became effective immedi- ately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 9th day of February, 1983 City Recorder approved by the Mayor this ~ of Februa 1983 Mayor Ordinance ~ 3