ORS 181A.845
Applicability of ORS 181A.840 to 181A.893
(1)
ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995) to 181A.893 (Restrictions on entities employing private security providers) do not apply to:(a)
A person certified by the Department of Public Safety Standards and Training as a police officer or a parole and probation officer.(b)
A law enforcement officer of the United States.(c)
An officer or employee of this state, Oregon Health and Science University established by ORS 353.020 (Oregon Health and Science University as public corporation) or the United States while performing duties of the office or employment.(d)
A person appointed or commissioned by the Governor to perform law enforcement or security services.(e)
An attorney admitted to practice law in this state while engaged in the practice of law.(f)
An insurance adjuster licensed in this state while performing duties authorized by the license.(g)
A person who monitors alarm systems that are not designed to detect threats to public safety or personal well-being.(h)
A person while protecting the person’s property.(i)
A person who repairs and installs intrusion alarms while repairing or installing intrusion alarms.(j)
A person acting as an investigator as defined in ORS 703.401 (Definitions).(k)
A person performing crowd management or guest services, including, but not limited to, a person described as a ticket taker, an usher, a parking attendant or event staff.(L)
A person who has a valid service permit issued by the Oregon Liquor and Cannabis Commission pursuant to ORS 471.360 (Service permit required) and who is an employee of a licensee of the commission when the person is performing age verification and controlling access to premises of the licensee, if the person is not:(A)
Armed;(B)
Permitted to initiate confrontational activities, including physical contact and the confiscation of property; or(C)
Hired with the primary responsibility of taking enforcement action as described in ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995) (8)(f).(m)
A person performing security services at a facility regulated by the United States Nuclear Regulatory Commission if the facility is operated by the person’s employer.(n)
An individual while on active duty as a member of the armed services or while performing duties as a law enforcement officer.(o)
An employee of a financial institution who has been designated as a security officer for the financial institution pursuant to the Bank Protection Act of 1968 (12 U.S.C. 1881 et seq.) and regulations adopted under the act.(p)
A person who provides security services as a volunteer or for de minimis consideration other than money for an event operated for the benefit of a corporation that is organized not for profit pursuant to ORS chapter 65 or any predecessor of ORS chapter 65 or that is exempt from taxation under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) of the Internal Revenue Code.(q)
A student enrolled in a community college as defined in ORS 341.005 (Definitions for chapter) while engaged in nonconfrontational activities that contribute to campus safety under the direct or indirect supervision of a law enforcement professional or private security professional certified or licensed by the Department of Public Safety Standards and Training, provided the community college has conducted a criminal background check on the student.(2)
The exemption provided by subsection (1)(k) of this section applies only:(a)
To a person who is not:(A)
Armed;(B)
Permitted to initiate confrontational activities, including physical contact and the confiscation of property; or(C)
Hired with the primary responsibility of taking enforcement action as described in ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995) (8)(f);(b)
If there is at least one person on-site who is certified or licensed under ORS 181A.870 (Board on Public Safety Standards and Training to establish standards) for every 10 or fewer uncertified persons performing the services described in subsection (1)(k) of this section;(c)
If any enforcement action, as described in ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995) (8)(f), other than incidental or temporary action, is taken by or under the supervision of a person certified or licensed under ORS 181A.870 (Board on Public Safety Standards and Training to establish standards); and(d)
During the time when a crowd has assembled for the purpose of attending or taking part in an organized event, including pre-event assembly, event operation hours and post-event departure activities.(3)
The exemption provided by subsection (1)(L) of this section does not apply during an organized event that is on a scale substantially outside the ordinary course of the licensee’s business. [Formerly 181.871; 2021 c.351 §13](a)
A person certified by the Department of Public Safety Standards and Training as a police officer or a parole and probation officer.(b)
A law enforcement officer of the United States.(c)
An officer or employee of this state, Oregon Health and Science University established by ORS 353.020 (Oregon Health and Science University as public corporation) or the United States while performing duties of the office or employment.(d)
A person appointed or commissioned by the Governor to perform law enforcement or security services.(e)
An attorney admitted to practice law in this state while engaged in the practice of law.(f)
An insurance adjuster licensed in this state while performing duties authorized by the license.(g)
A person who monitors alarm systems that are not designed to detect threats to public safety or personal well-being.(h)
A person while protecting the person’s property.(i)
A person who repairs and installs intrusion alarms while repairing or installing intrusion alarms.(j)
A person acting as an investigator as defined in ORS 703.401 (Definitions).(k)
A person performing crowd management or guest services, including, but not limited to, a person described as a ticket taker, an usher, a parking attendant or event staff.(L)
A person who has a valid service permit issued by the Oregon Liquor and Cannabis Commission pursuant to ORS 471.360 (Service permit required) and who is an employee of a licensee of the commission when the person is performing age verification and controlling access to premises of the licensee, if the person is not:(A)
Armed;(B)
Permitted to initiate confrontational activities, including physical contact and the confiscation of property; or(C)
Hired with the primary responsibility of taking enforcement action as described in ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995) (9)(f).(m)
A person performing security services at a facility regulated by the United States Nuclear Regulatory Commission if the facility is operated by the person’s employer.(n)
An individual while on active duty as a member of the armed services or while performing duties as a law enforcement officer.(o)
An employee of a financial institution who has been designated as a security officer for the financial institution pursuant to the Bank Protection Act of 1968 (12 U.S.C. 1881 et seq.) and regulations adopted under the act.(p)
A person who provides security services as a volunteer or for de minimis consideration other than money for an event operated for the benefit of a corporation that is organized not for profit pursuant to ORS chapter 65 or any predecessor of ORS chapter 65 or that is exempt from taxation under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) of the Internal Revenue Code.(q)
A student enrolled in a community college as defined in ORS 341.005 (Definitions for chapter) while engaged in nonconfrontational activities that contribute to campus safety under the direct or indirect supervision of a law enforcement professional or private security professional certified or licensed by the Department of Public Safety Standards and Training, provided the community college has conducted a criminal background check on the student.(2)
The exemption provided by subsection (1)(k) of this section applies only:(a)
To a person who is not:(A)
Armed;(B)
Permitted to initiate confrontational activities, including physical contact and the confiscation of property; or(C)
Hired with the primary responsibility of taking enforcement action as described in ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995) (9)(f);(b)
If there is at least one person on-site who is certified or licensed under ORS 181A.870 (Board on Public Safety Standards and Training to establish standards) for every 10 or fewer uncertified persons performing the services described in subsection (1)(k) of this section;(c)
If any enforcement action, as described in ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.893, 181A.895 and 181A.995) (9)(f), other than incidental or temporary action, is taken by or under the supervision of a person certified or licensed under ORS 181A.870 (Board on Public Safety Standards and Training to establish standards); and(d)
During the time when a crowd has assembled for the purpose of attending or taking part in an organized event, including pre-event assembly, event operation hours and post-event departure activities.(3)
The exemption provided by subsection (1)(L) of this section does not apply during an organized event that is on a scale substantially outside the ordinary course of the licensee’s business.
Source:
Section 181A.845 — Applicability of ORS 181A.840 to 181A.893, https://www.oregonlegislature.gov/bills_laws/ors/ors181A.html.
Notes of Decisions
To meet general crowd management exemption to requirement to provide licensed private security personnel, licensee must meet all three specific requirements listed in (2)(a)-(c) of this section. “Organized event” under this section means special occurrence not part of licensee’s normal day-to-day business activity. Blue Iguana, Inc. v. OLCC, 258 Or App 535, 310 P3d 720 (2013)
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