1. (1)

   1. (a) The Oregon Liquor and Cannabis Commission shall classify the two existing convenience zones specified under ORS 459A.738 for a full-service redemption center as a single low-impact convenience zone if:

      1. (A) In the prior year, the combined volume of beverage container returns to all dealers that occupy a space of 5,000 or more square feet in the second convenience zone specified under ORS 459A.738 (1) is less than three percent of the annual returns to the redemption center; and

      2. (B)

         1. (i) The redemption center has been in operation for a period of three years; or
         2. (ii) The person that operates the redemption center demonstrates to the satisfaction of the commission that the redemption center has been in operation for a sufficient period of time to allow the beverage container return volumes for the redemption center and dealers described in paragraph (a)(A) of this subsection to normalize at a consistent rate.

   2. (b) The commission shall classify two existing convenience zones as one low-impact convenience zone:

      1. (A) As a result of the review required under ORS 459A.751; or
      2. (B) Upon the approval of an application for classification submitted by an operator of a full-service redemption center.
2. (2) All dealers doing business within a low-impact convenience zone that occupy a space of 5,000 or more square feet in a single area may participate in, be served by and be charged the cost of participation in the full-service redemption center and, if such a dealer participates in, is served by and pays the cost of participation in the full-service redemption center, the dealer may, notwithstanding any other provision of ORS 459A.700 to 459A.754, refuse to accept and to pay the refund value of empty beverage containers.
3. (3) All dealers doing business within a low-impact convenience zone that occupy a space of less than 5,000 square feet in a single area may, notwithstanding any other provision of ORS 459A.700 to 459A.754, refuse to accept and to pay the refund value of more than 24 individual empty beverage containers returned by any one person during one day.
4. (4) The requirements of ORS 459A.738 (5) and the exemption provided for in ORS 459A.738 (5)(c) shall continue to apply to a dealer described in ORS 459A.738 (5)(a) doing business within a convenience zone that has been classified as a low-impact convenience zone.

5. (5) A dealer that plans to begin doing business within a low-impact convenience zone shall, not less than 60 days prior to the date that the dealer begins doing business:

   1. (a) Provide notice to the commission explaining whether the dealer will or will not participate in, be served by and pay the cost of participation in the full-service redemption center; and
   2. (b) If the dealer will not participate in the redemption center and will claim an exemption under ORS 459A.738 (5)(c), provide documentation of compliance with the requirements for nonparticipating dealers under ORS 459A.738 (5)(c) and an estimate of the number of beverage containers that the dealer expects to sell during the first calendar year that the dealer does business within the low-impact convenience zone.

[2025 c.266 §4]