ORS § 459A.735

Current through 2024 Regular Session legislation effective June 6, 2024
Section 459A.735 - Full-service 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 full-service redemption center, subject to the approval of the Oregon Liquor and Cannabis 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 full-service 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 full-service redemption center, the kind of beverage containers that will be accepted at the full-service redemption center, the names and addresses of the dealers to be served by the full-service redemption center and proposals for up to two convenience zones described in ORS 459A.738. The application shall include such additional information as the commission may require.
(3) The commission shall approve a full-service 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 full-service redemption center shall state:
(a) The location of the convenience zones specified by the commission under ORS 459A.738(1);
(b) The dealers within the convenience zones to be served by the full-service redemption center;
(c) The dealers within the convenience zones not to be served by or not participating in the full-service redemption center;
(d) The services to be provided by the redemption center and the equivalent services required to be provided under ORS 459A.738(5) by a dealer that does not participate in, and is not served by, the full-service redemption center;
(e) The kind of empty beverage containers that the full-service redemption center must accept;
(f) Whether the full-service redemption center will be located in an area zoned for commercial use under state statute or local ordinance or will be located in an area that will provide more convenient service given the proximity of the location to the dealers within the convenience zones to be served by the full-service redemption center; and
(g) Such other provisions to ensure that the full-service redemption center will provide a convenient service to the public as the commission may determine.
(4) A full-service redemption center approved by the commission under this section is not a recycling depot for purposes of ORS 90.318, 459A.007, 459A.010, 459A.050 or 459A.080.
(5)
(a) No later than five days after approving a full-service 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 full-service redemption center as a dealer within the convenience zones not to be served by or not participating in the full-service redemption center.
(b) The notice required under this subsection shall include:
(A) All information required to be in the order approving the full-service redemption center under subsection (3) of this section; and
(B) Notice of the provisions of ORS 459A.738 that are applicable to the dealer receiving the notice.
(6) The commission may review at any time approval of a full-service redemption center. After written notice to the person responsible for the establishment and operation of the full-service redemption center, and to the dealers served by the full-service redemption center, the commission may, after hearing, withdraw approval of a full-service redemption center if the commission finds there has not been compliance with its order approving the full-service redemption center, or if the full-service redemption center no longer provides a convenient service to the public.

ORS 459A.735

Amended by 2021 Ch. 351,§ 31, eff. 8/2/2021.
Amended by 2019 Ch. 279,§ 6, eff. 1/1/2020.
Amended by 2015 Ch. 724,§ 1, eff. 1/1/2016.
Amended by 2013 Ch. 106,§ 3, eff. 5/13/2013.
Formerly 459.880; 2007 c. 303, § 5