2015 ORS 471.329¹
Serious and persistent problems involving noise as grounds for discipline of licensee or applicant

(1) For the purpose of determining whether there is a history of serious and persistent problems involving noise under the provisions of ORS 471.313 (Grounds for refusing to issue license) (5) and 471.315 (Grounds for cancellation or suspension of license or imposition of civil penalty) (1)(c), or whether the licensee maintains a noisy establishment in violation of the provisions of ORS 471.425 (Misrepresentations by licensee and others):

(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;

(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 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; and

(c) Noise caused by patrons inside or 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 obtrusive or excessive only if the noise is of the type that a reasonable person would not expect to hear inside or outside a premises licensed for the sale of alcoholic beverages.

(2) For the purpose of determining whether noise is obtrusive under the provisions of ORS 471.313 (Grounds for refusing to issue license) (5) and 471.315 (Grounds for cancellation or suspension of license or imposition of civil penalty) (1)(c), or whether the licensee maintains a noisy establishment in violation of the provisions of ORS 471.425 (Misrepresentations by licensee and others), 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. [1999 c.646 §10; 2001 c.785 §4]

Chapter 471

Atty. Gen. Opinions

Employ­ment by OLCC of staff member as "hearings advocate" at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Cita­tions

16 WLR 479 (1979)


1 Legislative Counsel Committee, CHAPTER 471—Alcoholic Liquors Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors471.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 471, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano471.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.