ORS Chapter 565

Chapter 565 — Fairsand Exhibits

2009 EDITION

FAIRSAND EXHIBITS

AGRICULTURE

GENERALPROVISIONS

565.010 Definitions

OREGONSTATE FAIR

565.021 StateFair Advisory Committee

565.030 Advisorycommittee functions

565.040 OregonState Fair established

565.050 Statefair purposes; use of properties; duration

565.060 Rules

565.080 Managementof fair property; powers and duties of director; rules; peace officers; statenot liable for premiums

565.090 Locationof state fair; acquisition of adjacent lands; repair of facilities

565.095 Issuanceof revenue bonds; disposition of proceeds; security for bonds

565.103 Issuanceof lottery bonds; principal amount; disposition; legislative findings; StateFair Capital Project Fund

565.107 OregonState Fair Account; source; uses

565.109 Acceptanceand disposition of gifts, grants and donations

565.114 Legislativefindings

565.116 Cooperationwith nonprofit, tax exempt organizations

565.120 Licensesto do business on state fairgrounds; disposition of proceeds

565.130 Businessesthat may be licensed; when other license may be required

565.140 Buildingsand facilities for 4-H Clubs and Future Farmers of America

565.150 Armoryon grounds of Oregon State Fair

565.160 Horsebarn facilities on grounds of Oregon State Fair

565.170 Homemakingarts and crafts facility on grounds of Oregon State Fair

565.190 Financingcounty exhibits at state fair

COUNTYFAIRS AND SHOWS

565.210 Countyfairs; county fair board; members; appointment; term; bond or letter of credit

565.220 Countyfair board; organization; quorum; president and secretary

565.225 Removalof county fair board member

565.230 Managementof county fairs; licenses; disposition of proceeds; donations of real property;agreements for limitation of liability

565.240 Rulesand regulations; peace officers; appointment and powers

565.260 Fairboard or agricultural society existing prior to June 4, 1913

565.265 Abolishmentof county fair board

565.268 Agreementsfor fair association to exercise powers of county fair board

565.271 Initiationof proceedings for replacement of county fair board by fair district

565.275 Fairdistrict; powers; district board

565.310 Countyfair not held; disposition of funds

565.315 Handlingand disbursing of moneys in connection with county fairs; financial statement

565.325 Countyfair fund; purpose; source of moneys

565.330 Maintenanceof fairgrounds and buildings; tax levy

COUNTYFAIR COMMISSION

565.405 “Director,”“commission” defined for ORS 565.410 to 565.450

565.410 CountyFair Commission; members; terms; vacancies

565.415 Compensationand expenses of commission members

565.420 Dutiesand powers of commission officers; quorum

565.435 Commissionstaff assistance; costs

565.440 Rules

565.442 Countyfair board annual reports

565.443 Countyfair annual audits; rules

565.445 CountyFair Account; use of moneys

565.446 Legislativefindings

565.447 Lotteryproceeds allocation to County Fair Account

565.449 CountyFair Account distribution

565.450 Budgetpreparation procedure

REGULATIONSAND LAW ENFORCEMENT AT FAIRS GENERALLY

565.610 Conductingbusiness on or near grounds of fair or society

565.620 Admissionto fairs except through special gates prohibited

565.630 Regulationof public events

565.640 Peaceofficers; authority; power of arrest

565.650 Justicesof the peace given jurisdiction

PENALTIES

565.990 Penalties

GENERALPROVISIONS

565.010Definitions.As used in this chapter, unless the context requires otherwise:

(1)“Board” means county fair board.

(2)“County court” includes board of county commissioners.

(3)“County fair” means an exhibition held for the purposes of disseminatingknowledge concerning, and encouraging the growth and prosperity of, allagricultural, stock raising, horticultural, mining, mechanical, artistic andindustrial pursuits in a county, including the racing of animals and vehicles.

(4)“County fairgrounds” means the ground and all other property owned, leased,used or controlled by a county and devoted to the use of a county fair. [Amendedby 1969 c.239 §1; 1977 c.55 §11; 1997 c.435 §1; 2005 c.777 §21]

OREGONSTATE FAIR

565.015 [1977 c.55 §13;repealed by 2005 c.777 §48]

565.020 [Amended by1967 c.135 §2; 1969 c.314 §65; 1971 c.542 §3; 1973 c.792 §25; 1977 c.55 §14;1981 c.545 §13; 2001 c.24 §1; repealed by 2005 c.777 §48]

565.021State Fair Advisory Committee. (1) The State Parks and RecreationDirector shall appoint a State Fair Advisory Committee to provide advice andassistance to the director on matters regarding the operation of the OregonState Fair.

(2)The advisory committee shall consist of seven members appointed by the directorfor four-year terms. The director shall appoint:

(a)A resident from each congressional district of Oregon. The director shall seekto ensure that those persons reflect a broad-based representation of theindustrial, educational and cultural interests active in state fair activities,such as agricultural, stock raising, horticultural, mining, mechanical,artistic and industrial pursuits.

(b)Two persons to represent county fair interests. The director may giveconsideration to nominations suggested by the County Fair Commissionestablished under ORS 565.410.

(3)The members of the advisory committee serve at the pleasure of the director.The director may fill a vacancy on the advisory committee by appointing aperson to fill the unexpired term.

(4)Each member of the advisory committee is entitled to compensation andreimbursement of expenses, as provided in ORS 292.495, from moneys appropriatedto the State Parks and Recreation Department for that purpose.

(5)The advisory committee shall select one of its members as chairperson andanother as vice chairperson, for such terms and with such duties and powersnecessary for the performance of the functions of those offices as the advisorycommittee determines appropriate.

(6)The advisory committee shall meet at the call of the director. [2005 c.777 §12]

Note: 565.021 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 565 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

565.030Advisory committee functions. The State Fair Advisory Committee shallprovide advice and assistance to the State Parks and Recreation Director onmatters regarding the operation of the Oregon State Fair and shall solicit andencourage support throughout the state to improve the quality of andparticipation in the fair to achieve the purposes and objectives of ORS565.050. [Amended by 1977 c.55 §16; 1979 c.357 §1; 1999 c.342 §1; 2005 c.777 §22]

565.040Oregon State Fair established. There is established a stateinstitution to be designated and known as the Oregon State Fair, which shall beadministered and operated by the State Parks and Recreation Department. [Amendedby 2005 c.777 §23]

565.050State fair purposes; use of properties; duration. The objects andpurposes of the Oregon State Fair are to disseminate knowledge concerning, andto encourage the growth and prosperity of all agricultural, stock raising,horticultural, mining, mechanical, artistic and industrial pursuits in thisstate. To this end the State Parks and Recreation Director shall operate thebusiness and properties of the Oregon State Fair as a year-round fair andexposition center, display historical objects and do all things necessary orexpedient for the full utilization of the properties and facilities of thefair. The director shall conduct an annual state fair for a period of not morethan 17 days’ duration beginning and ending on such dates as the directorconsiders appropriate. [Amended by 1955 c.146 §1; 1973 c.537 §1; 1977 c.55 §17;1985 c.675 §5; 2005 c.777 §24]

565.060Rules.In accordance with any applicable provision of ORS chapter 183, the State Parksand Recreation Commission may adopt rules to carry out the provisions of thischapter. [Amended by 1977 c.55 §18; 2005 c.777 §25]

565.070 [Amended by1977 c.55 §19; 1991 c.331 §83; 1997 c.631 §496; repealed by 2005 c.777 §48]

565.071 [2005 c.730 §8;repealed by 2009 c.542 §2]

565.080Management of fair property; powers and duties of director; rules; peaceofficers; state not liable for premiums. (1) The State Parks and RecreationDirector shall have care of the Oregon State Fair property and be entrustedwith the direction of its business and financial affairs. The director shallprepare, adopt, publish and enforce all necessary rules for the management ofthe Oregon State Fair, its meetings and exhibitions and for the guidance of itsofficers or employees.

(2)The director may appoint all necessary marshals to keep order on the groundsand in the buildings of the Oregon State Fair during all exhibitions. Themarshals so appointed shall be vested with the same authority for such purposesas executive peace officers are vested by law.

(3)The director shall establish charges for entrance fees, gate money, leasestalls, stands, parking space, buildings, restaurant sites; conduct shows,exhibitions, races and all manner of business notwithstanding the provisions ofORS 227.286 and do all other things the director considers proper in theoperation of a year-round fair and exposition center and the annual state fair.The state is in no event liable for any premium awarded or debt created by thedirector beyond the amount annually appropriated therefor.

(4)The director may enter into sponsorship agreements for the receipt of moneys,services, products or other items of value. A sponsorship agreement enteredinto under this subsection is not subject to ORS 279.835 to 279.855 or ORSchapter 279A or 279B. [Amended by 1973 c.537 §2; 1977 c.55 §20; 1999 c.89 §1;2003 c.794 §299; 2005 c.777 §§26,27]

565.090Location of state fair; acquisition of adjacent lands; repair of facilities. (1) The OregonState Fair shall be permanently located on the present grounds now owned by thestate and heretofore devoted to Oregon State Fair purposes, located in the Cityof Salem, in Marion County. Those grounds and such additional lands as may hereafterbe obtained by the State Parks and Recreation Department for the purposes ofthe Oregon State Fair are dedicated for the use of the Oregon State Fair andfor other departmental programs.

(2)The department may obtain by donation, exchange or purchase such lands adjacentto the present grounds, including improvements thereon, as it may deemnecessary and advisable to facilitate the use of such grounds and mayconstruct, remodel and repair buildings and facilities deemed by it necessaryin the operation of the Oregon State Fair and for other departmental programs. [Amendedby 1973 c.537 §3; 1977 c.55 §21; 2005 c.777 §28]

565.095Issuance of revenue bonds; disposition of proceeds; security for bonds. (1) Inaccordance with any applicable provisions of ORS chapter 286A, the State Parksand Recreation Director, with the approval of the State Parks and RecreationCommission, may request the State Treasurer to issue revenue bonds in an amountnot to exceed $10 million.

(2)Moneys received from the issuance of revenue bonds may be expended for landacquisition, capital construction and improvements and for paying currentoperating and other expenses of the Oregon State Fair.

(3)Revenue bonds issued pursuant to this section shall be secured by revenues receivedby the director from activities conducted at the Oregon State Fair, and shallnot be a general obligation of the State Parks and Recreation Department or theState of Oregon. [1985 c.675 §2; 1991 c.703 §49; 2005 c.777 §29; 2007 c.783 §221]

565.100 [Amended by1977 c.55 §22; 1979 c.602 §4; 1983 c.72 §4; repealed by 1985 c.675 §4]

565.102 [1983 c.72 §3;repealed by 1985 c.675 §4]

565.103Issuance of lottery bonds; principal amount; disposition; legislative findings;State Fair Capital Project Fund. (1) Pursuant to ORS 286A.560 to286A.585, lottery bonds may be issued to fund projects for the improvement,restoration, upgrading and preservation of systems, facilities and equipment ofthe Oregon State Fair.

(2)The use of lottery bond proceeds is authorized based on the following findings:

(a)The activities of the Oregon State Fair promote Oregon’s agricultural industryand its products;

(b)The promotion of agricultural products expands markets, which in turn createsjobs and stimulates economic development of the industry; and

(c)The Oregon State Fair draws patrons from throughout the region and creates jobsand substantial economic activity for the Salem and Keizer areas.

(3)The aggregate principal amount of lottery bonds issued pursuant to this sectionmay not exceed the sum of $20,167,661 and an additional amount estimated by theState Treasurer to be necessary to pay bond-related costs. Lottery bonds issuedpursuant to this section shall be issued only at the request of the State Parksand Recreation Director.

(4)The net proceeds of lottery bonds issued pursuant to this section shall bedeposited in the State Fair Capital Project Fund, which is hereby establishedin the State Treasury separate and distinct from the General Fund.