2017 ORS 459A.735¹
Redemption centers
  • application for approval
  • contents of approval order
  • notice

(1) To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the Oregon Liquor Control Commission, at which any person may return empty beverage containers and receive payment of the refund value of such beverage containers.

(2) Application for approval of a redemption center shall be filed with the commission. The application shall state the name and address of the person responsible for the establishment and operation of the redemption center, the kind of beverage containers that will be accepted at the redemption center, the names and addresses of the dealers to be served by the redemption center and proposals for up to two convenience zones described in ORS 459A.738 (Convenience zones). The application shall include such additional information as the commission may require.

(3) The commission shall approve a redemption center if it finds the redemption center will provide a convenient service to persons for the return of empty beverage containers. The order of the commission approving a redemption center shall state:

(a) The location of the convenience zones specified by the commission under ORS 459A.738 (Convenience zones) (1);

(b) The dealers within the convenience zones to be served by the redemption center;

(c) The dealers within the convenience zones not to be served by or not participating in the redemption center;

(d) The services to be provided by the redemption center and the equivalent services required to be provided under ORS 459A.738 (Convenience zones) (5) by a dealer that does not participate in, and is not served by, the redemption center;

(e) The kind of empty beverage containers that the redemption center must accept; and

(f) Such other provisions to ensure the redemption center will provide a convenient service to the public as the commission may determine.

(4)(a) No later than five days after approving a redemption center under subsection (3) of this section, the commission shall provide written notice to each dealer that is identified in the order approving the redemption center as a dealer within the convenience zones not to be served by or not participating in the redemption center.

(b) The notice required under this subsection shall include:

(A) All information required to be in the order approving the redemption center under subsection (3) of this section; and

(B) Notice of the provisions of ORS 459A.738 (Convenience zones) that are applicable to the dealer receiving the notice.

(5) The commission may review at any time approval of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center, and to the dealers served by the redemption center, the commission may, after hearing, withdraw approval of a redemption center if the commission finds there has not been compliance with its order approving the redemption center, or if the redemption center no longer provides a convenient service to the public. [Formerly 459.880; 2007 c.303 §5; 2013 c.106 §3; 2015 c.724 §1]

(formerly 459.810 to 459.890)

Notes of Decisions

The “bottle bill” is a valid exercise of Oregon’s police power and is valid under the U.S. Constitu­tion and the Oregon Constitu­tion. Am. Can Co. v. Ore. Liquor Control Comm., 15 Or App 618, 517 P2d 691 (1973)

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

53 OLR 479-482 (1974); 4 EL 419-427 (1974); 54 OLR 175 (1975)

(formerly 459.165 to 459.200)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.