Oregon Statutes 471.329 – 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 and 471.315 (1)(c), or whether the licensee maintains a noisy establishment in violation of the provisions of ORS § 471.425:
Terms Used In Oregon Statutes 471.329
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Commission: means the Oregon Liquor and Cannabis Commission. See Oregon Statutes 471.001
- licensed premises: includes areas outside of a building that the commission has specifically designated as approved for alcoholic beverage service or consumption. See Oregon Statutes 471.001
- Licensee: means any person holding a license issued under this chapter. See Oregon Statutes 471.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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 and 471.315 (1)(c), or whether the licensee maintains a noisy establishment in violation of the provisions of ORS § 471.425, the Oregon Liquor and Cannabis 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; 2021 c.351 § 82; 2023 c.391 § 16]
[Amended by 1977 c.215 § 1; 1995 c.301 § 67; 1999 c.351 § 54; renumbered 471.351 in 1999]