2007 Oregon Code - Chapter 471 :: TITLE 37
TITLE 37
ALCOHOLIC
LIQUORS; CONTROLLED SUBSTANCES; DRUGS
Chapter 471. Alcoholic Liquors Generally
473. Wine, Cider and Malt Beverage Privilege Tax
474. Trade Practices Relating to Malt Beverages
475. Controlled Substances; Illegal Drug
Cleanup; Paraphernalia; Precursors
475A. Civil Forfeiture
_______________
Chapter 471
Alcoholic Liquors Generally
2007 EDITION
ALCOHOLIC LIQUORS GENERALLY
LIQUOR; DRUGS
GENERAL PROVISIONS
471.001 Definitions
for ORS chapters 471 and 473
471.023 Cider
defined
471.027 Short
title
471.030 Purpose
of Liquor Control Act
471.035 Certain
products excepted from liquor laws
471.038 Nonbeverage
food products
471.039 Certain
cruise ships exempt from liquor laws
471.040 General
powers and duties of the commission; rules; delegation
471.045 Liquor
laws supersede and repeal inconsistent charters and ordinances
PURCHASERS QUALIFICATIONS AND IDENTIFICATION
471.105 Purchasers
qualifications
471.115 Limitations
on purchasing may be imposed
471.130 Requiring
statement of age or identification from certain purchasers
471.135 False
statement of age; statement of age as defense
LIQUOR LICENSES
(Generally)
471.155 Commissions
licensing duties; bonds
471.157 Licenses
issuable
471.159 Enclosure
of licensed premises
471.162 Persons
exempted from license requirement
(Authority of Cities and Counties)
471.164 Authority
of cities and counties over establishments that offer entertainment or serve
alcoholic beverages
471.166 Local
government recommendations on license issuance and renewal; rules; fees
(Mandatory Liability Insurance)
471.168 Certain
licensees required to maintain liquor liability insurance or bond
(Retail Licenses)
471.175 Full
on-premises sales license
471.178 Limited
on-premises sales license
471.180 In-room
supply of alcoholic beverages by hotel or arena
471.182 Issuance
of full or limited on-premises sales license to public passenger carrier
471.184 Catering
and other temporary off-premises service under full or limited on-premises
sales license
471.186 Off-premises
sales license
471.190 Temporary
sales license; rules
(Brewery-Public House License)
471.200 Brewery-public
house license
(Manufacturing and Wholesale Licenses)
471.220 Brewery
license
471.223 Winery
license
471.227 Grower
sales privilege license
471.230 Distillery
license
471.235 Wholesale
malt beverage and wine license
471.242 Warehouse
license
(Certificates of Approval)
471.244 Certificates
of approval; special certificates of approval
SHIPMENT AND DISTRIBUTION OF WINE AND CIDER
(Distribution to Retail Licensees)
471.272 Manner
of shipping or transporting wine or cider
471.274 Wine
self-distribution permit
(Direct Shipment of Wine and Cider to
Consumer)
471.282 Direct
shipper permit; fees
LICENSING PROCEDURES
(Generally)
471.292 Characteristics
of license
471.294 License
terms; licenses issued for less than year; determination of fees
471.297 Temporary
letter of authority on change of ownership; fee; revocation
471.302 Temporary
letter of authority for off-premises sales license applicant; fee; revocation
471.305 Delivery
of alcoholic beverages
471.310 Cities
as licensees
(Application for License)
471.311 Application
for license; rules; fees
471.313 Grounds
for refusing to issue license
(Suspension or Cancellation of License; Civil
Penalties)
471.315 Grounds
for cancellation or suspension of license or imposition of civil penalty
471.316 Mandatory
suspension if licensee fails to prevent certain unlawful drug use or sales on
premises; civil penalty
471.322 Civil
penalty in lieu of or in addition to short-term suspension of certain licenses
and permits; limits on amount
471.326 Refund
of civil penalty if suspension not sustained on judicial review
471.327 Civil
penalty in addition to or in lieu of suspending certain other licenses or
certificates
(Miscellaneous Provisions Relating to Denial,
Suspension or Cancellation of License)
471.329 Serious
and persistent problems involving noise as grounds for discipline of licensee
or applicant
471.331 Notice
to licensee when refusal to renew or suspension or cancellation of license
based on adverse neighborhood impact; no stay of order
471.333 Effect
of sanitation violations
(Sales of Alcoholic Beverages to Minors by
Licensees)
471.341 Mandatory
clerk training course for employees of off-premises sales licensees; rules;
fees; civil penalty
471.342 Acquisition
and use of age verification equipment in lieu of other penalty
471.344 Responsible
vendor program; rules
471.346 Uniform
standards for minor decoy operations; rules
(Examination of Books and Premises of
Licensees)
471.351 Examination
of books and premises of licensees
SERVICE PERMITS
471.360 Service
permit required; waiver
471.365 Characteristics
of permit; verification of identity of permittee
471.370 Expiration
471.375 Application;
requirements; fee
471.380 Grounds
for refusing to issue permit; request for hearing
471.385 Grounds
for revoking or suspending permit or imposing civil penalty; responsibility of
licensee
471.390 Duplicate
or new permit; fee
TIED HOUSE PROHIBITIONS
471.392 Definitions for ORS 471.392 to
471.400
471.394 Prohibition
on sales at both wholesale and retail; prohibition on financial connection
between retailer and wholesaler
471.396 Exceptions to prohibition on financial
connection between wholesaler and retailer
471.398 Prohibition of financial assistance
from wholesaler to retailer
471.400 Exceptions to prohibition of
financial assistance; rules
471.401 Exception from tied house prohibition
for sale of advertising to arena
471.402 Sample tastings authorized
PROHIBITIONS
RELATING TO LIQUOR
471.403 License required to produce alcoholic
liquor; exception
471.404 Importing liquor without license
prohibited; exceptions; fee
471.405 Prohibited
sales, purchases, possession, transportation, importation or solicitation in
general; forfeiture upon conviction
471.406 Activities covered by prohibitions on
sale of alcoholic beverages
471.407 Offer of alcoholic beverages as
inducement to make purchases
471.408 Alcoholic liquor may not be given as
prize; exception
471.410 Providing
liquor to person under 21 or to intoxicated person; allowing consumption by
minor on property; mandatory minimum penalties
471.412 Allowing
visibly intoxicated person to consume alcoholic beverages; good faith effort;
effect on other liability; letters of reprimand
471.425 Misrepresentations
by licensee and others; maintenance of disorderly establishment
471.430 Purchase
or possession of alcoholic beverages by person under 21; entry of licensed
premises by person under 21; community service and suspension of driving
privileges; assessment and treatment
471.432 Examination
for problem condition involving alcohol upon conviction; treatment program
471.440 Manufacture,
fermentation or possession of mash, wort or wash; establishment or operation of
distillery without license; prima facie evidence
471.442 Wine
compliance with standards
471.445 Use
of misleading mark or label on container; mixing liquors
471.446 Seals
on wine and cider containers; improper labeling; injurious or adulterated
ingredients
471.448
471.475 Mixing,
storing or serving of liquor without license
471.478
471.480
471.482
471.485 Payment
required on or before delivery of liquor
471.490 Delivery
or acceptance of instrument drawn upon insufficient funds or not payable
according to terms; use of credit
471.495 Report
by wholesaler of instruments not paid on presentment required
471.500 Application
of ORS 471.485 to 471.495
471.501 Brewery
or brewery-public house authorized to pay bottle refund in excess of five cents
LOCAL OPTION
471.506 Petition
and election for local option
471.510 Sales
not affected by local option laws
471.515 Effective
date of local option
ALCOHOL EDUCATION PROGRAM
471.541 Alcohol
Education Program
471.542 Alcohol
server education course required; content; fees; how course provided; rules
471.547 Alcohol
Server Education Advisory Committee; members; duties
471.549 Civil
penalty
WARNING SIGNS RELATED TO ALCOHOL AND
PREGNANCY
471.551 Warning
signs required; contents; size; display
471.553 Consultation
with certain groups on production and posting of signs
471.557 Solicitation
of private funds
471.559 Violations;
penalty
471.561 Production
and distribution of signs
LIABILITY FOR
PROVIDING OR SERVING ALCOHOLIC BEVERAGES TO INTOXICATED PERSON OR MINOR
471.565 Liability
for providing or serving alcoholic beverages to intoxicated person; notice of
claim
471.567 Liability
for providing alcoholic beverages to minor; liability of minor for
misrepresentation of age
ENFORCEMENT OF LIQUOR LAWS
471.605 Duty
of officers to enforce and to inform district attorney
471.610 Confiscation
of liquor and property by commission
471.615 Duty
to notify commission of conviction of licensee
471.620 Property
and places as common nuisances
471.625 Lien
on place used to unlawfully handle liquor
471.630 Authority
to abate nuisance
471.635 Issuance
of restraining order
471.640 Service
of restraining order
471.645 Temporary
injunction
471.650 Nature
of permanent injunction
471.655 Owner
may defend; evidence concerning nuisance
471.657 Confiscation
and forfeiture for violation of ORS 471.475
471.660 Seizure
of conveyance transporting liquor and liquor therein; notice to owner; return
of conveyance; costs
471.666 Disposal
of seized liquor and of vehicle or other conveyance
471.670 Disposal
of funds collected in enforcement of liquor laws; payment of enforcement
expenses
471.675 Resisting
arrest or interfering with enforcement
471.680 Allegation
and proof in prosecutions
471.685 Governor
authorized to suspend license
471.695 Fingerprinting
of license applicants and certain commission employees; criminal records check
471.700 Revocation
of license on gambling conviction
471.703 Police
notice to commission or social host when certain persons involved in motor
vehicle accidents; content; commission duty
ORGANIZATION, POWERS AND DUTIES OF LIQUOR
COMMISSION
471.705 Oregon
Liquor Control Commission; qualifications; compensation; term; confirmation
471.710 Removal;
prohibited interests of commissioner and employee
471.715 Chairperson;
meetings; quorum
471.720 Administrator;
other personnel
471.725 Buying,
leasing, contracting and borrowing powers of commission
471.730 Regulatory
powers of commission
471.732 Policy
relating to sanitation in licensed premises
471.735 Testing
and seizure of wines
471.740 Exclusive
right of commission to handle certain liquors
471.745 Fixing
prices and selling liquor
471.750 Liquor
stores and warehouses; operation; sales; advertising; rules
471.752 Agent
participation in programs for state employees; preference of spouse or child of
deceased agent or agent with disability
471.754 Commission
to develop recycling education materials
471.757 Statement
of financial interest in business of licensee
471.760 Subpoena;
oaths; depositions
471.765 Procedure
when person refuses to testify or produce books
471.770 Self-incrimination
as a basis for refusing to testify or produce books
471.775 Service
of subpoenas; authority of inspectors
471.790 Commissioners
not liable for official acts; commission funds entitled to priority
471.795 Purchase
and use of liquor by member or employee of commission
471.800 Restrictions
on out-of-state wine; imposition
471.805 Disposition
of moneys; revolving fund
471.810 Distribution
of available moneys in Oregon Liquor Control Commission Account
471.817 Alternative
transportation organization to report annually
PENALTIES
471.990 Penalties
GENERAL
PROVISIONS
471.001
Definitions for ORS chapters 471 and 473. As used in this chapter and ORS chapter 473:
(1) Alcoholic beverage and alcoholic
liquor mean any liquid or solid containing more than one-half of one percent
alcohol by volume and capable of being consumed by a human being.
(2) Commercial establishment means a
place of business where food is cooked and served and having adequate kitchen
facilities for the preparation and serving of meals and having for that purpose
proper dining space. Commercial establishment includes athletic clubs and
golf clubs operated for profit. A commercial establishment must serve meals to
the general public or, if the commercial establishment is an athletic club or
golf club, must serve meals to the clubs members and guests.
(3) Commission means the Oregon Liquor
Control Commission.
(4) Distilled liquor means any alcoholic
beverage other than a wine, cider or malt beverage. Distilled liquor includes
distilled spirits.
(5) Licensee means any person holding a
license issued under this chapter.
(6)(a) Malt beverage means an alcoholic
beverage obtained by the fermentation of grain that contains not more than 14
percent alcohol by volume.
(b) Malt beverage includes:
(A) Beer, ale, porter, stout and similar
alcoholic beverages containing not more than 14 percent alcohol by volume;
(B) Malt beverages containing six percent
or less alcohol by volume and that contain at least 51 percent alcohol by
volume obtained by the fermentation of grain, as long as not more than 49
percent of the beverages overall alcohol content is obtained from flavors and
other added nonbeverage ingredients containing alcohol; and
(C) Malt beverages containing more than
six percent alcohol by volume that derive not more than 1.5 percent of the
beverages overall alcohol content by volume from flavors and other added
nonbeverage ingredients containing alcohol.
(c) Malt beverage does not include cider
or an alcoholic beverage obtained primarily by fermentation of rice, such as
sake.
(7) Manufacturer means every person who
produces, brews, ferments, manufactures or blends an alcoholic beverage within
this state or who imports or causes to be imported into this state an alcoholic
beverage for sale or distribution within the state.
(8) Permittee means a person holding a
permit issued under ORS 471.360 to 471.390.
(9) Premises or licensed premises
means a location licensed under this chapter and includes all enclosed areas at
the location that are used in the business operated at the location, including
offices, kitchens, rest rooms and storerooms, including all public and private
areas where patrons are permitted to be present. Premises or licensed
premises includes areas outside of a building that the commission has
specifically designated as approved for alcoholic beverage service or
consumption.
(10) Wine means any fermented vinous
liquor or fruit juice, or other fermented beverage fit for beverage purposes
that is not a malt beverage, containing more than one-half of one percent of
alcohol by volume and not more than 21 percent of alcohol by volume. Wine
includes fortified wine. Wine does not include cider. [1995 c.301 §2; 1999
c.351 §42; 2005 c.100 §1]
471.005 [Amended by 1965 c.280 §1; repealed by 1995
c.301 §33]
471.010 [Amended by 1979 c.236 §5; repealed by 1995
c.301 §33]
471.015 [Amended by 1975 c.207 §1; 1979 c.236 §6;
repealed by 1995 c.301 §33]
471.017 [1975 c.207 §4; 1995 c.301 §53; repealed by
1999 c.351 §13 (471.159 enacted in lieu of 471.017)]
471.020 [Repealed by 1979 c.264 §14]
471.022 [1979 c.264 §3; 1995 c.301 §13; repealed by
1999 c.351 §41]
471.023
Cider defined. For the
purposes of this chapter, cider means an alcoholic beverage made from the
fermentation of the juice of apples or pears that contains not more than seven
percent of alcohol by volume, including, but not limited to, flavored,
sparkling or carbonated cider. [1999 c.351 §66; 2007 c.45 §1]
471.025 [Repealed by 1995 c.301 §7 (471.406 enacted
in lieu of 471.025)]
471.027
Short title. This chapter
and ORS 474.105 and 474.115 shall be known and may be cited as the Liquor
Control Act. [Amended by 1965 c.165 §1]
471.030
Purpose of Liquor Control Act.
(1) The Liquor Control Act shall be liberally construed so as:
(a) To prevent the recurrence of abuses
associated with saloons or resorts for the consumption of alcoholic beverages.
(b) To eliminate the evils of unlicensed
and unlawful manufacture, selling and disposing of such beverages and to
promote temperance in the use and consumption of alcoholic beverages.
(c) To protect the safety, welfare,
health, peace and morals of the people of the state.
(2) Consistent with subsection (1) of this
section, it is the policy of this state to encourage the development of all
471.035
Certain products excepted from liquor laws. No provision of the Liquor Control Act shall, by reason only that such
product contains alcoholic liquor, prevent the sale of any perfume, lotion,
tincture, varnish, dressing fluid, extracts, acid vinegar, or of any official
medicinal or pharmaceutical preparations, or of any patent or proprietary
medicine intended solely for medicinal purposes.
471.038
Nonbeverage food products.
(1) Nonbeverage food products described in subsection (6) of this section may
be sold at retail by any holder of a license issued by the Oregon Liquor
Control Commission that authorizes the sale of alcoholic liquor at retail, or
in any store operated by the commission under the provisions of ORS 471.750.
Any nonbeverage food product containing more than one-half of one percent of
alcohol by volume must be clearly labeled to reflect the alcohol content of the
product and clearly labeled on the front of the package to indicate that the
product may not be sold to persons under 21 years of age.
(2) Except as provided by this section,
sales of nonbeverage food products described in subsection (6) of this section
are subject to all provisions of this chapter, including the prohibitions on
sales to persons under 21 years of age and the prohibitions on sales to persons
who are visibly intoxicated.
(3) Nonbeverage food products described in
subsection (6) of this section may be imported, stored and distributed in this
state without a license issued by the commission. Nonbeverage food products
described in subsection (6) of this section are not subject to the privilege
taxes imposed by ORS chapter 473.
(4) Manufacturers of nonbeverage food
products described in subsection (6) of this section are not subject to the
provisions of ORS 471.392 to 471.400, 471.485, 471.490 or 471.495 or any other
provision of this chapter relating to manufacturers of alcoholic liquor. A
manufacturer of nonbeverage food products described in subsection (6) of this
section may sell and deliver the product directly to a licensee authorized
under this section to sell the product at retail.
(5) The holder of a distillery license
issued under ORS 471.230 who is also a manufacturer of nonbeverage food
products described in subsection (6) of this section may purchase distilled
liquor directly from other distilleries.
(6) The provisions of this section apply
only to nonbeverage food products that contain not more than five percent
alcohol by weight or 10 percent alcohol by volume, whichever is greater. [1995
c.250 §2; 1997 c.249 §169; 1997 c.258 §1; 1999 c.351 §43]
471.039
Certain cruise ships exempt from liquor laws. (1) Notwithstanding any provision of this chapter, the Oregon Liquor
Control Commission may not require the owners, operators and employees of a
cruise ship to have a license or permit issued under the provisions of this
chapter for the purpose of possessing, transporting, storing, selling or
serving alcoholic beverages that are described in subsection (3) of this
section.
(2) The provisions of ORS 471.740 do not
apply to alcoholic beverages that are described in subsection (3) of this
section.
(3) The provisions of this section apply
only to alcoholic beverages that are served aboard a cruise ship and that are
served solely for the purpose of onboard consumption by a cruise ships
passengers, guests, officers and employees.
(4) For the purposes of this section, cruise
ship means a marine vessel used primarily for nonfishing purposes that is
licensed to carry at least 500 passengers, provides overnight accommodations
for those passengers and operates on the rivers or waterways within the
boundaries of the State of Oregon, including docking and dry docking, fewer
than 45 days during a calendar year. [1997 c.256 §2; 1999 c.351 §44]
471.040
General powers and duties of the commission; rules; delegation. (1) The Oregon Liquor Control Commission has
the powers and duties specified in this chapter and ORS 474.105 and 474.115,
and also the powers necessary or proper to enable it to carry out fully and
effectually all the purposes of this chapter and ORS 474.105 and 474.115. It
shall make such rules and regulations pertaining to natural and fortified wines
as will prevent the importation and sale in
(2) Except for the power to adopt rules,
the commission may delegate any of the commissions powers or duties to the
administrator appointed under ORS 471.720. [Amended by 2001 c.785 §10]
471.045
Liquor laws supersede and repeal inconsistent charters and ordinances. The Liquor Control Act, designed to operate
uniformly throughout the state, shall be paramount and superior to and shall
fully replace and supersede any and all municipal charter enactments or local
ordinances inconsistent with it. Such charters and ordinances hereby are
repealed.
PURCHASERS
QUALIFICATIONS AND IDENTIFICATION
471.105
Purchasers qualifications.
Before being qualified to purchase alcoholic liquor from the Oregon Liquor
Control Commission, a person must be at least 21 years of age. [Amended by 1961
c.687 §5; 1967 c.577 §1; 1971 c.159 §1; 2005 c.22 §343]
471.110 [Amended by 1961 c.259 §3; repealed by 1967
c.577 §10]
471.115
Limitations on purchasing may be imposed. The Oregon Liquor Control Commission may limit the quantity of
alcoholic liquor purchased at any one time by any person. It may limit the
amount of purchases within any length of time so as effectually to prevent the
resale of such liquors.
471.120 [Repealed by 1967 c.577 §10]
471.125 [Amended by 1967 c.577 §2; repealed by 1971
c.159 §9]
471.130
Requiring statement of age or identification from certain purchasers. (1) All licensees and permittees of the
Oregon Liquor Control Commission, before selling or serving alcoholic liquor to
any person about whom there is any reasonable doubt of the persons having
reached 21 years of age, shall require such person to produce one of the
following pieces of identification:
(a) The persons passport.
(b) The persons motor vehicle operators
license, whether issued in this state or by any other state, so long as the
license has a picture of the person.
(c) An identification card issued under
ORS 807.400.
(d) A United States military
identification card.
(e) Any other identification card issued
by a state that bears a picture of the person, the name of the person, the
persons date of birth and a physical description of the person.
(2) If a person does not have
identification as described in subsection (1) of this section, the permittee or
licensee shall require such person to make a written statement of age and
furnish evidence of the persons true age and identity. The written statement
of age shall be on a form furnished or approved by the commission, including
but not limited to the following information:
______________________________________________________________________________
Date ______
I am 21 years
of age or over. ______
Signature
Description of
evidence in support of age and identity:
___Identification
No. (if any) ___
___Identification
No. (if any) ___
(Fill in information pertaining to any two
or more pieces of evidence submitted by the person.)
I hereby certify that I have accurately
recorded identification of the evidence submitted to complete this form.
___________________
Signature
of permittee or licensee
ORS 165.805
provides as follows:
165.805. (1) A person commits the crime of
misrepresentation of age by a minor if:
(a) Being less than a certain, specified
age, the person knowingly purports to be of any age other than the persons
true age with the intent of securing a right, benefit or privilege which by law
is denied to persons under that certain, specified age; or
(b) (Not applicable.)
(2) Misrepresentation of age by a minor is a Class C misdemeanor.
______________________________________________________________________________
[Amended by 1955
c.525 §1; 1961 c.687 §4; 1967 c.171 §1; 1967 c.577 §7; 1979 c.313 §1; 1983
c.338 §939; 1995 c.44 §1; 1999 c.526 §1; 2001 c.785 §6; 2003 c.225 §1]
471.135
False statement of age; statement of age as defense. (1) No person shall make a written statement
of age under ORS 471.130 that is false in whole or in part, or produce any
evidence that would falsely indicate the persons age.
(2) If a written statement of age and the
information pertaining to the evidence which was exhibited to the permittee or
licensee at the time the statement was made that is entered in writing on the
statement, are offered as evidence in any administrative or criminal
prosecution for sale or service of alcoholic liquor to a person not having
reached 21 years of age, the permittee or licensee shall be found to have
committed no crime or other wrong unless it is demonstrated that a reasonable
person would have determined that the identification exhibited was altered or
did not accurately describe the person to whom the alcoholic liquor was sold or
served. [Amended by 1955 c.525 §2; 1967 c.53 §1; 1979 c.313 §2]
471.140 [1961 c.687 §2; 1963 c.93 §3; 1971 c.433 §1;
repealed by 1979 c.313 §10]
471.143 [1963 c.93 §2; 1967 c.569 §1; 1971 c.159 §2;
1979 c.313 §4; repealed by 1979 c.313 §11]
471.145 [1961 c.687 §§3,6; 1963 c.93 §4; repealed by
1979 c.313 §11]
471.150 [1961 c.687 §7; 1963 c.93 §5; 1967 c.569 §2;
1971 c.159 §3; repealed by 1979 c.313 §11]
LIQUOR LICENSES
(Generally)
471.155
Commissions licensing duties; bonds. (1) The Oregon Liquor Control Commission shall provide for the
licensing of persons and cities within the state to manufacture, distribute,
take orders for and sell spirits, wines, beer and other alcoholic liquors.
Except as provided in subsection (2) of this section, the holder of a brewery,
winery, wholesale, warehouse, grower sales privilege or brewery-public house
license or the holder of a wine self-distribution permit shall give, and at all
times maintain on file with the commission, a bond with a corporate surety
authorized to transact business in this state. The bond shall be in form and
amount acceptable to the commission, shall be payable to the commission and
conditioned that the licensee or permittee will pay any fine imposed for any
violation of any provision of the Liquor Control Act and that the licensee or
permittee will pay all license fees, privilege taxes, taxes imposed under ORS
473.045 and other taxes on alcoholic liquors, together with penalties and
interest thereon, levied or assessed against the licensee or permittee under
statutes relating to the importation, manufacture, distribution, sale or
taxation of alcoholic liquors in the State of Oregon.
(2) Under such conditions as the
commission may prescribe, the holder of a brewery, winery, wholesale,
warehouse, grower sales privilege or brewery-public house license or the holder
of a wine self-distribution permit may deposit, in lieu of the bond required by
subsection (1) of this section, the equivalent value in cash, bank letters of
credit recognized by the State Treasurer or negotiable securities of a
character approved by the State Treasurer. The deposit is to be made in a bank
or trust company for the benefit of the commission. Interest on deposited funds
or securities shall accrue to the depositor. [Formerly 471.210; 2007 c.637 §1;
2007 c.651 §5a]
471.157
Licenses issuable. The
licenses described in this chapter may be issued by the Oregon Liquor Control
Commission, subject to its regulations and restrictions and the provisions of
the Liquor Control Act and the Oregon Distilled Liquor Control Act. [Formerly
471.215]
471.159
Enclosure of licensed premises.
(1) The Oregon Liquor Control Commission may not license a location that does
not have defined boundaries.
(2) A licensed premises need not be
enclosed by a wall, fence or other structure, but the commission may require
that any licensed premises be enclosed as a condition of issuing or renewing a
license.
(3) Except as provided in ORS 471.182, the
commission may not license premises that are mobile. [1999 c.351 §14 (enacted
in lieu of 471.017)]
471.162
Persons exempted from license requirement. (1) Hospitals, sanitariums, convalescent homes, rest homes, retirement
homes and facilities for the care of the elderly that have been licensed or
registered by the state may sell and serve alcoholic beverages to patients,
inmates and residents, and to bona fide visitors and guests of patients,
inmates and residents, without a license issued under this chapter. Facilities
authorized to sell and serve alcoholic beverages without a license under this
subsection may not sell or serve alcoholic beverages after 10 p.m. except upon
a physicians prescription.
(2) A person who operates a private
residence that is not a boarding house but that accommodates transient guests
for a limited duration may sell and serve wine, malt beverages and cider to
registered overnight guests without a license. Facilities authorized to sell
and serve alcoholic beverages without a license under this subsection must have
six or fewer guest units.
(3) A person who is an employee or agent
of the holder of a license issued under this chapter that authorizes wholesale
distribution of alcoholic beverages may, on behalf of the licensee, sell
alcoholic beverages in factory-sealed containers to retail licensees and
wholesalers.
(4) A pharmacist licensed under the laws
of this state may sell alcoholic beverages without a license. Pharmacists may
only sell alcoholic beverages under the provisions of this section if the
alcoholic beverages are drugs as defined in ORS 689.005. A pharmacist may sell
alcoholic beverages under the provisions of this subsection pursuant to a
prescription, in containers of not more than one quart capacity.
(5) A wine collector, or the agent of a
wine collector, may sell wine in factory-sealed containers at auction without a
license. Any wine sold under this subsection must have been held by the
collector for at least a six-month period. A wine collector must receive
written approval from the Oregon Liquor Control Commission before conducting a
sale under this subsection. No more than one sale in a 12-month period may be
conducted by a wine collector under the provisions of this subsection.
(6) A nonprofit or charitable organization
registered with the state may sell wine and malt beverages in factory-sealed
containers at auction without a license. The organization must receive written
approval from the commission before conducting a sale under this subsection. No
more than one sale in a 12-month period may be conducted by an organization under
the provisions of this subsection.
(7) A manufacturer may sell proprietary or
patent medicines, perfumes, lotions, flavoring extracts, medicinal tinctures
and other preparations unfit for beverage purposes without a license. [1999
c.351 §10]
(Authority of
Cities and Counties)
471.164
Authority of cities and counties over establishments that offer entertainment
or serve alcoholic beverages.
(1) Cities and counties may adopt reasonable time, place and manner regulations
of the nuisance aspects of establishments that offer entertainment or serve
alcoholic beverages if the city or county makes specific findings that the
establishment would cause adverse effects to occur.
(2) The authority granted to cities and
counties by this section is in addition to, and not in lieu of, the authority
granted to a city or county under its charter and the statutes and Constitution
of this state. [Formerly 471.213]
471.166
Local government recommendations on license issuance and renewal; rules; fees. (1) The Oregon Liquor Control Commission may
require that every applicant for issuance or renewal of a license under this
chapter acquire a written recommendation from the governing body of the county
if the place of business of the applicant is outside an incorporated city, and
from the city council if the place of business of the applicant is within an
incorporated city. The commission may take such written recommendation into
consideration before granting or refusing the license.
(2) If the commission requires that an applicant
for issuance of a new license acquire the written recommendation of a local
government, the applicant must give notice to the local government when an
application is made for issuance of the license. If the local government files
a favorable recommendation with the commission within 45 days after the notice
is given, the commission shall proceed with consideration of the application.
The commission shall proceed with consideration of the application as though
the local government had made a favorable recommendation unless, within 45 days
after notice is given to the local government:
(a) The local government files an
unfavorable recommendation with the commission with a statement of the grounds
for the unfavorable recommendation; or
(b) The local government files a request
for additional time with the commission that sets forth the reason additional
time is needed by the local government, a statement that the local government
is considering making an unfavorable recommendation on the application, and the
specific grounds on which the local government is considering making an
unfavorable recommendation.
(3) If the commission requires that an
applicant for renewal of a license acquire the written recommendation of a
local government under this section, the commission shall give notice to the
local government when an application is due for renewal of the license. If the
local government files a favorable recommendation with the commission within 60
days after the notice is given, the commission shall proceed with consideration
of the application. The commission shall proceed with consideration of the
application as though the local government had made a favorable recommendation
unless within 60 days after notice is given to the local government:
(a) The local government files an
unfavorable recommendation with the commission with a statement of the grounds
for the unfavorable recommendation; or
(b) The local government files a request
for additional time with the commission that sets forth the reason additional
time is needed by the local government, a statement that the local government
is considering making an unfavorable recommendation on the application, and the
specific grounds on which the local government is considering making an
unfavorable recommendation.
(4) The commission shall suspend
consideration of an application subject to this section for a reasonable period
of time if a local government requests additional time under subsection (2)(b)
or (3)(b) of this section and the grounds given by the local government are
valid grounds for an unfavorable determination under this chapter or rules
adopted by the commission. The commission shall by rule establish the period of
time that shall be granted to a local government pursuant to a request under
subsections (2)(b) and (3)(b) of this section.
(5) The commission shall by rule establish
valid grounds for unfavorable recommendations by local governments under this
section. Valid grounds established by the commission under this section for an
unfavorable recommendation by a local government must be limited to those
grounds considered by the commission in making an unfavorable determination on
a license application.
(6) A person filing an application for
issuance or renewal of a license that is subject to this section must remit to
the local government the fees established under subsections (7) and (8) of this
section. The commission shall give notice to the applicant for license renewal
of the amount of the fees and the name of the local government collecting the
fees. The commission is not responsible for collecting the fees charged by the
local government or for ensuring that the fees have been paid. An applicant for
a license renewal shall certify in the application form filed with the
commission that the applicant has paid any fees required under this section.
(7) An applicant required to seek a
written recommendation from a local government must pay an application fee to
the local government, in an amount determined by the governing body of the city
or county, for each application for a license. The application fee established
by a local government under this subsection may not exceed $25.
(8) After public notice and hearing, the
governing body of a city or county may adopt an ordinance, rule or resolution
prescribing licensing guidelines to be followed in making recommendations on
license applications under this chapter and in allowing opportunity for public
comment on applications. If the guidelines are approved by the commission as
consistent with commission rules, after public notice and hearing the governing
body may adopt an ordinance, rule or regulation establishing a system of fees
that is reasonable and necessary to pay expenses of processing the written
recommendation. Processing fees under this subsection are in lieu of fees under
subsection (7) of this section. In no case shall the processing fee under this
subsection be greater than $100 for an original application, $75 for a change
in ownership, change in location or change in privilege application, and $35
for a renewal or temporary application. [1999 c.351 §20; 2003 c.337 §1]
(Mandatory
Liability Insurance)
471.168
Certain licensees required to maintain liquor liability insurance or bond. (1) For the purpose of providing coverage for
injuries suffered by persons by reason of the conduct of intoxicated persons
who were served alcoholic beverages on licensed premises while visibly
intoxicated, all persons holding a license described in this section must
either:
(a) Maintain liquor liability insurance of
not less than $300,000; or
(b) Maintain a bond with a corporate
surety authorized to transact business in this state in the amount of not less
than $300,000.
(2) The Oregon Liquor Control Commission
may by rule require liquor liability insurance or bond in an amount larger than
the minimum amount provided for in subsection (1) of this section.
(3) The requirements of this section apply
to full on-premises sales licenses, limited on-premises sales licenses and
brewery-public house licenses. The requirements of this section apply to
temporary sales licenses, special events winery licenses and special events
grower sales privilege licenses if the event that is licensed is open to the
public and attendance at the event is anticipated to exceed 300 individuals per
day.
(4) The requirements of this section apply
to winery licenses, brewery licenses and grower sales privilege licenses unless
an applicant for issuance of the license or renewal of the license submits with
the application for issuance or renewal of the license an affidavit that states
that the licensee will not allow consumption of alcoholic beverages on the
premises.
(5) All licensees subject to the
requirements of this section must supply proof of compliance at the time the license
is issued or renewed. The commission by rule shall determine the manner in
which proof of compliance may be made under the provisions of this subsection. [Formerly
471.218]
(Retail Licenses)
471.175
Full on-premises sales license.
(1) The holder of a full on-premises sales license may sell by the drink at
retail wine, malt beverages, cider and distilled liquor. Except as provided in
this section, all alcoholic beverages sold under a full on-premises sales
license must be consumed on the licensed premises.
(2) A full on-premises sales license may
be issued only to:
(a) Private clubs as described in
subsection (8) of this section.
(b) Public passenger carriers as provided
in ORS 471.182.
(c) Commercial establishments as defined
in ORS 471.001 (2).
(d) Public locations, other than those
described in paragraphs (a) to (c) of this subsection, where food is cooked and
served, and other food service amenities are provided, as prescribed by rules
of the Oregon Liquor Control Commission.
(e) A caterer, subject to the requirements
of ORS 471.184.
(3) The holder of a full on-premises sales
license shall allow a patron to remove a partially consumed bottle of wine from
the licensed premises if the wine is served in conjunction with the patrons
meal, the patron is not a minor and the patron is not visibly intoxicated.
(4) The holder of a full on-premises sales
license is entitled to purchase any distilled liquor from an agent of the
commission appointed pursuant to ORS 471.750 at a discount of not more than
five percent off the regular listed price fixed by the commission, together
with all taxes, in a manner prescribed by commission rule. For purposes of
compensation by the commission, the appointed agent shall be credited with such
sales at full retail cost.
(5) The holder of a full on-premises sales
license may purchase distilled liquor only from a retail sales agent of the
commission or from another person licensed under this section who has purchased
the distilled liquor from a retail sales agent of the commission.
(6) The holder of a full on-premises sales
license may sell factory-sealed containers of wine to a person who organizes a
private gathering on the licensees premises if the wine was acquired as part
of a larger purchase of wine by the licensee for the purpose of the gathering
and only part of the larger purchase was consumed at the gathering. Wine sold
under this subsection may be sold only for an amount adequate to compensate the
licensee for the amounts paid by the licensee for the wine.
(7) The holder of a full on-premises sales
license may sell malt beverages for consumption off the licensed premises in
securely covered containers provided by the purchaser. Containers that hold
beverages sold under this subsection may not hold more than two gallons.
(8) A private club, including fraternal
and veterans organizations, may qualify for a full on-premises sales license
under this section only if the club meets minimum membership, charter time and
food service requirements set by commission rule and the club is an association
of persons, whether incorporated or unincorporated, for the promotion of some
common object, not including associations organized for any commercial or
business purpose the object of which is money profit, owning, hiring or leasing
a building or space in a building, of such extent and character as in the
judgment of the commission may be suitable and adequate for the reasonable and
comfortable use and accommodation of its members and their guests and provided
with suitable and adequate space and equipment, implements and facilities, and
employing a sufficient number of servants or employees for serving food and
meals for its members and their guests; provided that no member or any officer,
agent or employee of the club is paid, or directly or indirectly receives in
the form of salary or other compensation, any profits from the disposition or
sale of alcoholic liquor to the club or to the members of the club or its
guests introduced by members, beyond the amount of such salary as may be fixed
and voted on at annual meetings by the members, directors or other governing
body of the club, and that, in the judgment of the commission, shall be
reasonable and proper compensation for the services of such member, officer,
agent or employee. [1999 c.351 §2; 2001 c.104 §213; 2001 c.154 §1]
471.178
Limited on-premises sales license. (1) The holder of a limited on-premises sales license may sell by the
drink at retail wine, malt beverages and cider. Except as provided in this
section, all alcoholic beverages sold under a limited on-premises sales license
must be consumed on the licensed premises.
(2) The holder of a limited on-premises
sales license may sell malt beverages in factory-sealed containers for
consumption off the licensed premises. Containers sold under this subsection
may not hold less than seven gallons per container.
(3) The holder of a limited on-premises
sales license may sell malt beverages for consumption off the licensed premises
in securely covered containers provided by the purchaser. Containers that hold
beverages sold under this subsection may not hold more than two gallons.
(4) The holder of a limited on-premises
sales license shall allow a patron to remove a partially consumed bottle of
wine from the licensed premises if the wine is served in conjunction with the
patrons meal, the patron is not a minor and the patron is not visibly
intoxicated.
(5) Sales of alcoholic beverages under a
limited on-premises sales license must consist principally of sales by the drink
for consumption on the licensed premises. [1999 c.351 §3; 2001 c.154 §2]
471.180
In-room supply of alcoholic beverages by hotel or arena. A full or limited on-premises sales license
issued to a hotel or arena under the provisions of this chapter authorizes the
person to whom the license is issued to provide for in-room supplies of the
alcoholic beverages otherwise authorized to be sold under the license. Any
in-room supply of alcoholic beverages that are available for purchase by
patrons of the hotel or arena shall be kept in a locked cabinet, and shall
conform with any rules that the Oregon Liquor Control Commission may promulgate
to ensure the enforcement of other provisions of this chapter. [Formerly
471.307]
471.182
Issuance of full or limited on-premises sales license to public passenger
carrier. (1) The Oregon
Liquor Control Commission may grant a full or limited on-premises sales license
to the owner or operator of a licensed public passenger carrier only as
specified in this section. A public passenger carrier licensed by the
commission under this section must serve food as required by rules of the
commission.
(2) The commission may issue a full
on-premises sales license to:
(a) An airline for use in operating
aircraft that are licensed to carry at least 40 passengers and that arrive at
or depart from an airport in this state.
(b) A railroad corporation for use in
operating passenger trains in this state.
(c) The owner or operator of one or more
tour boats that are licensed to carry at least 40 passengers to or from any
port of this state and that are primarily used for nonfishing purposes.
(3) The commission may issue a limited
on-premises sales license to any of the persons specified in subsection (2) of
this section. In addition, the commission may issue a limited on-premises sales
license to the owner or operator of a licensed public passenger carrier not
described in subsection (2) of this section if the carrier is a mobile vehicle
that is licensed to carry at least 40 passengers. [1999 c.351 §4]
471.184
Catering and other temporary off-premises service under full or limited
on-premises sales license.
(1) The holder of a full or limited on-premises sales license may cater a
temporary event at a location other than the licensed premises if the event is
not open to the general public. Catering of an event under this subsection must
be pursuant to a contract with a client. The contract must provide that the
licensee will furnish food and beverage services for no more than 100 patrons.
The licensee must serve food as required by rules of the commission. The
licensee may cater events under this subsection without giving advance notice
to the Oregon Liquor Control Commission if, before the event occurs, the
commission gives written approval to the licensee authorizing catering pursuant
to this subsection. Events catered under the provisions of this subsection must
meet all requirements for enclosure of premises that may be imposed by the
commission for the purposes of this section. Notwithstanding ORS 471.175 (3)
and (7) and 471.178 (2) to (4), the licensee may not permit patrons of the
event to remove any alcoholic beverages from the premises of the event.
(2) In addition to catered events under
subsection (1) of this section, the commission may by rule allow the exercise
of the privileges of a full or limited on-premises sales license at temporary
events held at locations other than the licensed premises. The commission may:
(a) Require notice to the commission
before the exercise of license privileges at temporary events under this
subsection;
(b) Require that written approval by the
commission be obtained before the exercise of license privileges at temporary
events under this subsection;
(c) Establish eligibility criteria for the
exercise of license privileges at temporary events under this subsection; and
(d) Establish fees reasonably calculated
to cover administrative expenses incurred by the commission in administering
this subsection. [1999 c.351 §5; 2001 c.154 §3]
471.186
Off-premises sales license.
(1) The holder of an off-premises sales license may sell factory-sealed
containers of wine, malt beverages and cider. Containers of malt beverages sold
under the license may not hold more than two and one-quarter gallons.
(2) The holder of an off-premises sales
license may provide sample tasting of alcoholic beverages on the licensed
premises if the licensee makes written application to the Oregon Liquor Control
Commission and receives approval from the commission to conduct tastings on the
premises. Tastings must be limited to the alcoholic beverages that may be sold
under the privileges of the license.
(3) An off-premises sales license may not
be issued for use at a premises that is mobile.
(4) Except as provided in ORS 471.402, a
manufacturer or wholesaler may not provide or pay for sample tastings of
alcoholic beverages for the public on premises licensed under an off-premises
sales license. [1999 c.351 §6]
471.190
Temporary sales license; rules.
(1) The holder of a temporary sales license may sell at retail by the drink
wine, malt beverages, cider and distilled liquor. Distilled liquor served by
the holder of a temporary sales license must be purchased from a retail sales
agent of the Oregon Liquor Control Commission. The holder of a temporary sales
license must provide food service as required by commission rule.
(2) A temporary sales license may be
issued only to:
(a) Nonprofit or charitable organizations
that are registered with the state.
(b) A political committee that has filed a
statement of organization under ORS 260.039 or 260.042.
(c) State agencies.
(d) Local governments, and agencies and
departments of local governments.
(e) Persons not otherwise described in
this subsection, as long as the applicant submits a plan that is approved by
the commission detailing how minors will be prevented from gaining access to
alcoholic beverages and how minors will be prevented from gaining access to any
portion of the licensed premises prohibited to minors under ORS 471.430 (3) or any
rule adopted by the commission.
(3) The holder of a temporary sales
license may sell wine, malt beverages or cider in factory-sealed containers for
consumption off the licensed premises.
(4) The commission may by rule establish
additional eligibility requirements for temporary sales licenses.
(5) Subject to such qualifications as the
commission may establish by rule, persons who hold a full or limited
on-premises sales license are eligible for temporary sales licenses.
(6) A person holding a temporary sales
license is not required to obtain a temporary restaurant license or mobile unit
license under ORS chapter 624 if only wine, malt beverages and cider in
single-service containers are served and only nonperishable food items that are
exempted from licensure by the Department of Human Services are served.
(7) Employees and volunteers serving
alcoholic beverages for a nonprofit or charitable organization licensed under
this section are not required to have server permits nor to complete an alcohol
server education program and examination under ORS 471.542. The commission by
rule may establish education requirements for servers described in this
subsection.
(8) Notwithstanding ORS 471.392 to
471.400, a temporary sales license may be issued to a nonprofit trade
association that has a membership primarily comprised of persons that hold
winery licenses issued under ORS 471.223 or grower sales privilege licenses
issued under ORS 471.227. [1999 c.351 §7; 2001 c.263 §1; 2007 c.443 §2]
(Brewery-Public
House License)
471.200
Brewery-public house license.
(1) A brewery-public house license allows the licensee:
(a) To manufacture on the licensed
premises, store, transport, sell to wholesale malt beverage and wine licensees
of the Oregon Liquor Control Commission and export malt beverages;
(b) To sell malt beverages manufactured on
or off the licensed premises at retail for consumption on or off the premises;
(c) To sell malt beverages in
brewery-sealed packages at retail directly to the consumer for consumption off
the premises;
(d) To sell on the licensed premises at
retail malt beverages manufactured on or off the licensed premises in
unpasteurized or pasteurized form directly to the consumer for consumption off
the premises, delivery of which may be made in a securely covered container
supplied by the consumer;
(e) To sell wine and cider at retail for
consumption on or off the premises; and
(f) To conduct the activities described in
paragraphs (b) to (e) of this subsection at one location other than the premises
where the manufacturing occurs.
(2) In addition to the privileges
specified in subsection (1) of this section, in any calendar year a
brewery-public house licensee may sell at wholesale to licensees of the
commission malt beverages produced by the brewery-public house licensee if the
brewery-public house licensee produced 1,000 barrels or less of malt beverages
in the immediately preceding calendar year.
(3) A brewery-public house licensee, or
any person having an interest in the licensee, is a retail licensee for the
purposes of ORS 471.394 and, except as otherwise provided by this section and
ORS 471.396, may not acquire or hold any right, title, lien, claim or other
interest, financial or otherwise, in, upon or to the premises, equipment,
business or merchandise of any manufacturer or wholesaler, as defined in ORS
471.392. A brewery-public house licensee, or any person having an interest in
the licensee, is also a manufacturer for the purposes of ORS 471.398 and,
except as otherwise provided by this section and ORS 471.400, may not acquire
or hold any right, title, lien, claim or other interest, financial or
otherwise, in, upon or to the premises, equipment, business or merchandise of
any other retail licensee, as defined in ORS 471.392.
(4) A brewery-public house licensee, or
any person having an interest in the licensee, is a retail licensee for the
purposes of ORS 471.398 and, except as otherwise provided by this section and
ORS 471.400, may not accept directly or indirectly any financial assistance
described in ORS 471.398 from any manufacturer or wholesaler, as defined in ORS
471.392. A brewery-public house licensee, or any person having an interest in
the licensee, is also a manufacturer for the purposes of ORS 471.398 and,
except as otherwise provided by this section and ORS 471.400, may not provide
directly or indirectly any financial assistance described in ORS 471.398 to any
retail licensee, as defined in ORS 471.392. The prohibitions on financial
assistance in ORS 471.398 do not apply to financial assistance between
manufacturing and retail businesses licensed to the same person under the
provisions of this section.
(5) Notwithstanding subsection (3) of this
section, a brewery-public house licensee, or any person having an interest in
the licensee, may also hold a winery license authorized by ORS 471.223. A
brewery-public house licensee, or any person having an interest in the
licensee, may also hold a warehouse license authorized by ORS 471.242.
(6) Notwithstanding subsection (3) of this
section, a brewery-public house licensee is eligible for limited on-premises
sales licenses and temporary sales licenses.
(7)(a) Notwithstanding subsection (3) of
this section, and except as provided in this subsection, a brewery-public house
licensee, or any person having an interest in the licensee, may also hold a
full on-premises sales license. If a person holds both a brewery-public house
license and a full on-premises sales license, nothing in this chapter shall
prevent the sale by the licensee of both distilled liquor and malt beverages
manufactured under the brewery-public house license.
(b) The commission may not issue a full
on-premises sales license to a brewery-public house licensee under the
provisions of this subsection if the brewery-public house licensee, or any
person having an interest in the licensee or exercising control over the
licensee, is a brewery that brews more than 200,000 barrels of malt beverages
annually or a winery that produces more than 200,000 gallons of wine annually.
(8) Notwithstanding any other provision of
this chapter, a brewery-public house licensee, or any person having an interest
in the licensee, may also hold a distillery license. No provision of this
chapter prevents a brewery-public house licensee from becoming a retail sales
agent of the commission for the purpose of selling distilled liquors.
(9) Notwithstanding subsection (3) of this
section, the commission by rule may authorize a brewery-public house licensee
to coproduce special events with other manufacturers.
(10)(a) Notwithstanding subsection (3) of
this section, a brewery-public house licensee may hold, directly or indirectly,
an interest in a manufacturer or wholesaler, provided that the interest does
not result in exercise of control over, or participation in the management of,
the manufacturers or wholesalers business or business decisions and does not
result in exclusion of any competitors brand of alcoholic liquor.
(b) Notwithstanding subsection (3) of this
section, a manufacturer or wholesaler, and any officer, director or substantial
stockholder of any corporate manufacturer or wholesaler, may hold, directly or
indirectly, an interest in a brewery-public house licensee, provided that the
interest does not result in exercise of control over, or participation in the
management of, the licensees business or business decisions and does not
result in exclusion of any competitors brand of alcoholic liquor.
(11) For purposes of ORS chapter 473, a
brewery-public house licensee shall be considered to be a manufacturer. [Formerly
471.253; 2003 c.15 §1; 2005 c.22 §344; 2007 c.134 §4]
471.205 [Amended by 1999 c.351 §15; renumbered
471.403 in 1999]
471.210 [Amended by 1967 c.359 §693; 1977 c.518 §3;
1979 c.45 §1; 1979 c.264 §5a; 1983 c.691 §1; 1983 c.740 §187; 1985 c.591 §1;
1987 c.511 §1; 1989 c.48 §1; 1995 c.301 §54; 1999 c.351 §21; renumbered 471.155
in 1999]
471.213 [1989 c.846 §16; renumbered 471.164 in 1999]
471.215 [Amended by 1957 c.223 §1; 1995 c.301 §55;
1999 c.351 §45; renumbered 471.157 in 1999]
471.217 [1967 c.173 §2; 1974 c.4 §1; 1977 c.332 §3;
repealed by 1979 c.264 §14]
471.218 [1997 c.841 §4; 1999 c.351 §22; renumbered
471.168 in 1999]
(Manufacturing and
Wholesale Licenses)
471.220
Brewery license. (1) A
brewery license shall allow the manufacture, importation, storage,
transportation, wholesale sale and distribution to licensees of the Oregon
Liquor Control Commission, and the export of malt beverages. Except as
specifically provided in this section, no brewery licensee shall sell any malt
beverages to be consumed on the licensed premises. No brewery licensee shall
sell within the State of
(2) A brewery licensee may:
(a) Sell malt beverages brewed on the licensed
premises for consumption on the licensed premises; and
(b) Sell malt beverages brewed on the
licensed premises and containing not more than eight percent alcohol by volume,
in quantities of not less than five gallons, to an unlicensed organization, lodge,
picnic party or private gathering. Such malt beverages shall not be sold by any
such unlicensed group. [Amended by 1955 c.657 §1; 1977 c.332 §4; 1979 c.264 §4;
1987 c.608 §5; 1989 c.785 §11; 1991 c.545 §1; 1993 c.663 §1; 1995 c.301 §14;
1997 c.257 §1; 1999 c.351 §15b]
471.223
Winery license. (1) A winery
license shall allow the licensee:
(a) To import, bottle, produce, blend,
store, transport or export wines or cider.
(b) To sell wines or cider at wholesale to
the Oregon Liquor Control Commission or to licensees of the commission.
(c) To sell wines or cider at retail
directly to the consumer for consumption on or off the licensed premises.
(d) To sell malt beverages at retail for
consumption on or off the licensed premises.
(e) To conduct the activities allowed
under paragraph (a), (b), (c) or (d), or all, of this subsection at a second or
third premises as may be designated by the commission.
(f) To purchase from or through the
commission brandy or other distilled liquors for fortifying wines.
(g) To obtain a special events winery
license that shall entitle the holder to conduct the activities allowed under
paragraphs (c) and (d) of this subsection at a designated location other than
the one set forth in the winery license for a period not to exceed five days.
(2) In order to hold a winery license the
licensee shall principally produce wine or cider in this state.
(3) On and after July 1, 1990, a winery
licensee is not authorized to import wine or cider in bottles unless the brand
of wine or cider is owned by the licensee.
(4) A winery licensee may sell and ship
wine or cider directly to a resident of this state only if the licensee has a
direct shipper permit issued under ORS 471.282.
(5)(a) Except as provided in paragraph (b)
of this subsection, a winery licensee, or any person having an interest in the
licensee, may also hold a full on-premises sales license. If a person holds
both a winery license and a full on-premises sales license, nothing in this
chapter shall prevent the sale by the licensee of both distilled liquor and
wine or cider bottled and produced under the winery license.
(b) The commission may not issue a full
on-premises sales license to a winery licensee under the provisions of this
subsection if the winery licensee, or any person having an interest in the
licensee or exercising control over the licensee, is a distillery, a brewery
that brews more than 200,000 barrels of malt beverages annually or a winery
that produces more than 200,000 gallons of wine or cider annually.
(6) More than one winery licensee may
exercise the privileges of a winery license at a single location. The
commission may not refuse to issue a winery license to a person for the
production of wine or cider on specified premises based on the fact that other
winery licensees also produce wine or cider on those premises. [1979 c.264 §2;
1981 c.201 §1; 1989 c.511 §5; 1993 c.202 §1; 1993 c.663 §3; 1995 c.34 §1; 1995
c.188 §1; 1995 c.301 §15; 1999 c.431 §§1,3; 2003 c.44 §1; 2007 c.25 §1; 2007
c.854 §2]
471.225 [Amended by 1977 c.332 §5; repealed by 1979
c.264 §14]
471.227
Grower sales privilege license.
(1) A grower sales privilege license shall allow the licensee to perform the
following activities only for fruit or grape wine or cider where all of the
fruit or grapes used to make the wine or cider are grown in Oregon under the
control of the licensee:
(a) To import, store, transport or export
such wines or cider.
(b) To sell such wines or cider at
wholesale to the Oregon Liquor Control Commission or licensees of the
commission.
(c) To sell such wines or cider at retail
directly to the consumer for consumption on or off the licensed premises.
(d) To conduct the activities allowed
under paragraph (a), (b) or (c), or all, of this subsection at a second or third
premises as may be designated by the commission.
(e) To obtain a special events grower
sales privilege license which shall entitle the holder to conduct the
activities allowed under paragraph (c) of this subsection at a designated
location other than the one set forth in the grower sales privilege license for
a period not to exceed five days.
(2) For purposes of ORS 471.392 to
471.400, a grower sales privilege licensee shall be considered a manufacturer.
(3) A person holding a winery license in
another state is not eligible for a license under this section.
(4) A person licensed under this section
is not eligible for a limited on-premises sales license or an off-premises
sales license.
(5) As used in this section, control
means the grower either owns the land upon which the fruit or grapes are grown
or has a legal right to perform or does perform all of the acts common to fruit
farming or viticulture under terms of a lease or similar agreement of at least
three years duration.
(6) For the purposes of tax reporting,
payment and record keeping, the provisions of law that shall apply to a
manufacturer under ORS chapter 473 shall apply to a grower sales privilege
licensee, but such a licensee is not a manufacturer for purposes of ORS 473.050
(5). [1989 c.740 §2; 1995 c.58 §2; 1995 c.301 §82; 1999 c.351 §23a]
471.229 [1989 c.511 §2; 1995 c.188 §3; 1999 c.351 §24;
2003 c.44 §3; 2007 c.854 §1; renumbered 471.282 in 2007]
471.230
Distillery license. (1) A
distillery license shall allow the holder thereof to import, manufacture,
distill, rectify, blend, denature and store spirits of an alcoholic content
greater than 17 percent alcohol by weight, to sell the same to the Oregon
Liquor Control Commission and to transport the same out of this state for sale
outside this state. Distillery licensees shall be permitted to purchase from
and through the commission alcoholic beverages for blending and manufacturing
purposes upon such terms and conditions as the commission may provide. No such
licensee shall sell any alcoholic beverage within this state except to the
commission or as provided in this section. However, any agricultural producer
or association of agricultural producers or legal agents thereof who
manufacture and convert agricultural surpluses, by-products and wastes into
denatured ethyl and industrial alcohol for use in the arts and industry shall
not be required to obtain a license from the commission.
(2) A distillery licensee may:
(a) Permit tastings of the distilled
liquor manufactured by the distillery. The tastings may be conducted on the
premises and on at least one other premises owned or leased by the licensee.
The licensee must purchase the distilled liquor from the commission.
(b) Apply for appointment as a retail
sales agent of the commission for purposes of retailing only distilled liquor
that the licensee distilled in Oregon at the two locations at which tastings
are permitted pursuant to paragraph (a) of this subsection.
(3) Notwithstanding ORS 471.392 to
471.400, a distillery licensee may also hold a full on-premises sales license
for a location at the licensed premises of the distillery and a full
on-premises sales license for one other location. All distilled spirits sold
under the full on-premises sales license must be purchased from the commission.
[Amended by 1987 c.558 §1; 1995 c.301 §16; 1997 c.803 §1; 2007 c.134 §1]
471.235
Wholesale malt beverage and wine license. (1) A wholesale malt beverage and wine license shall allow the
importation, storage, transportation, wholesale sale and distribution to
licensees of the Oregon Liquor Control Commission, and the export of wine,
cider and malt beverages, and the importation and sale to the commission and
the export of wine of alcoholic content in excess of 21 percent alcohol by volume.
No such licensee shall sell any alcoholic liquor for consumption upon the
licensed premises. However, a wholesale malt beverage and wine licensee may
sell naturally fermented wine or cider in quantities of not less than four
gallons nor more than 55 gallons at any one time to consumers for consumption
not on the licensed premises. Wholesale malt beverage and wine licensees may
sell malt beverages containing not more than eight percent alcohol by volume in
quantities not less than five gallons to any unlicensed organization, lodge,
picnic party or private gathering. Such malt beverages shall not be sold by
such unlicensed group. A wholesale malt beverage and wine license shall permit
the licensee also to sell malt beverages at wholesale only, to persons holding
licenses authorizing them to resell such beverages at retail. Employees of
wholesale malt beverage and wine licensees may serve sample tastings of malt
beverages, cider and wine at alcoholic beverage industry trade shows, seminars
and conventions and at alcoholic beverage industry sample tastings for
employees of retail licensees.
(2) Nothing in subsection (1) of this
section shall be considered to prohibit the transportation or wholesale sale or
distribution of malt beverage or wine by a wholesale malt beverage and wine
licensee to any alcoholic treatment center licensed by the Department of Human
Services.
(3) A wholesale malt beverage and wine
licensee may impose an additional handling fee on any wine sold to any retailer
in this state if the quantity of wine sold to the retailer is less than the
smallest multiple-package case available to be sold and the handling fee is
uniform for all licensees. [Amended by 1955 c.657 §2; 1973 c.395 §1; 1974 c.4 §2;
1975 c.123 §1; 1985 c.378 §1; 1987 c.608 §4; 1989 c.178 §8; 1995 c.301 §17;
1999 c.351 §25]
471.240 [Amended by 1955 c.657 §3; 1957 c.223 §2;
repealed by 1973 c.395 §10]
471.242
Warehouse license. (1) A
warehouse license shall allow the licensee to store, import, bottle, produce,
blend, transport and export nontax paid, bonded wine or wine on which the tax
is paid and to store, import and export nontax paid malt beverages and cider,
or malt beverages and cider on which the tax is paid. Wine, cider and malt
beverages may be removed from the licensed premises only for:
(a)
(b)
(c)
(d)
(e) Shipment of wine or cider produced by
a winery licensee to a licensee of the Oregon Liquor Control Commission
authorized to sell wine or cider at retail if the shipment is made pursuant to
a sale to the retail licensee by the holder of a winery license issued under
ORS 471.223, a grower sales privilege license issued under ORS 471.227 or a
wholesale malt beverage and wine license issued under ORS 471.235; or
(f) Shipment of wine or cider to a person
for personal use, as described in subsection (7) of this section.
(2) A license applicant must hold an
approved registration for a bonded wine cellar or winery under federal law.
(3) For the purposes of tax reporting,
payment and record keeping, the provisions that shall apply to a manufacturer
under ORS chapter 473 shall apply to a warehouse licensee.
(4) A warehouse must be physically secure
in an area zoned for the intended use and be physically separated from any
other use.
(5) For purposes of ORS 471.392 to
471.400, a warehouse licensee shall be considered a manufacturer.
(6) For purposes of ORS 473.045, a
warehouse licensee shall be considered a winery licensee.
(7) Wine or cider may be removed from the
premises licensed under this section for shipment pursuant to a sale under ORS
471.282. The warehouse licensee shall take reasonable steps to ensure that
shipments are made in containers that are conspicuously labeled with the words:
CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR
DELIVERY. In addition, the warehouse licensee shall take reasonable steps to
ensure that any carrier used by the licensee does not deliver any wine or cider
unless the carrier:
(a) Obtains the signature of the recipient
of the wine or cider upon delivery;
(b) Verifies by inspecting
government-issued photo identification that the recipient is at least 21 years
of age; and
(c) Determines that the recipient is not
visibly intoxicated at the time of delivery. [1985 c.628 §2; 1989 c.553 §1;
1995 c.35 §1; 1995 c.301 §83; 1999 c.351 §67; 2007 c.638 §1]
(Certificates of
Approval)
471.244
Certificates of approval; special certificates of approval. (1) No licensee of the Oregon Liquor Control
Commission shall manufacture, import into, or purchase in the State of Oregon
for resale therein any malt beverages, cider or wine unless the manufacturer of
such malt beverages, cider or wine has first obtained from the commission a
certificate of approval, except that with respect to malt beverages, cider or
wine manufactured outside the United States, the certificate of approval may be
obtained by the person importing same into the United States. Such certificate
of approval shall be granted only to manufacturers or importers who shall have
entered into an agreement with the commission to furnish a report to the
commission, on or before the 20th day of each month, showing the quantity of
malt beverages, cider or wine delivered to each licensee of the commission
during the preceding calendar month, and to faithfully comply with all laws of
the State of Oregon pertaining to traffic in malt beverages, cider or wine. If
any holder of such certificate, or any officer, agent or employee of such
holder, shall violate any term or provision of such agreement, or submit any
false or fictitious report, the commission may, in its discretion, suspend or
revoke such certificate.
(2) The commission may grant special
certificates of approval to manufacturers and importers of malt beverages,
cider or wine. A special certificate of approval has the effect of a
certificate of approval granted under subsection (1) of this section, but is
valid only for a period of 30 days. [Formerly 471.289]
471.245 [Amended by 1979 c.236 §7; 1981 c.199 §1;
repealed by 1999 c.351 §11]
471.250 [Amended by 1965 c.280 §2; 1973 c.395 §2;
1977 c.332 §6; 1981 c.328 §1; 1987 c.608 §6; 1995 c.301 §17a; repealed by 1999
c.351 §8]
471.253 [1985 c.649 §4; 1987 c.608 §1; 1989 c.785 §10;
1991 c.545 §2; 1993 c.418 §1; 1993 c.663 §2; 1995 c.35 §2; 1995 c.301 §84; 1995
c.598 §1; 1995 c.599 §3; 1997 c.803 §2; 1999 c.59 §142; 1999 c.351 §26;
renumbered 471.200 in 1999]
471.255 [Repealed by 1965 c.280 §5]
471.257 [1975 c.494 §2; 1987 c.608 §7; 1995 c.301 §17b;
repealed by 1999 c.351 §11]
471.259 [1985 c.649 §1; 1987 c.608 §8; 1989 c.171 §65;
1995 c.301 §17c; repealed by 1999 c.351 §11]
471.260 [Amended by 1973 c.395 §3; 1974 c.4 §3; 1985
c.546 §1; 1987 c.608 §9; 1989 c.178 §1; 1993 c.663 §4; 1995 c.58 §1; 1995 c.103
§4; 1995 c.301 §18; 1995 c.791 §1; 1996 c.18 §1; repealed by 1999 c.351 §8]
471.262 [1979 c.172 §2; 1995 c.301 §56; 1999 c.351 §27;
renumbered 471.302 in 1999]
471.264 [1981 c.200 §1; 1995 c.301 §38; repealed by
1999 c.351 §8]
471.265 [Amended by 1967 c.580 §1; 1967 c.614 §§1,2;
1971 c.324 §1; 1973 c.103 §1; 1973 c.395 §4; 1985 c.546 §2; 1987 c.558 §2; 1987
c.608 §2; 1995 c.301 §18a; 1997 c.803 §5; repealed by 1999 c.351 §8]
471.267 [1995 c.599 §2; repealed by 1999 c.351 §8]
471.270 [Repealed by 1999 c.351 §11]
SHIPMENT AND
DISTRIBUTION OF WINE AND CIDER
(Distribution to
Retail Licensees)
471.272
Manner of shipping or transporting wine or cider. (1) Wine or cider may be shipped or
transported by a licensee or permit holder described in subsection (2) of this
section only by employees of the licensee or permit holder, or by a common
carrier using a commission-approved delivery plan. The holder of a wine
self-distribution permit that uses a common carrier to ship or transport wine
or cider shall take reasonable steps to ensure that the wine or cider is sold
and transported only to licensees that are authorized to receive the wine or
cider under ORS 471.274.
(2) The provisions of this section apply
to persons holding wine self-distribution permits and the holders of winery
licenses, grower sales privilege licenses, wholesale malt beverage and wine
licenses and warehouse licenses issued by the commission. [2007 c.651 §2b]
471.274
Wine self-distribution permit.
(1) The Oregon Liquor Control Commission may issue a wine self-distribution
permit to a
(a) Holds a license issued by another
state that authorizes the manufacture of wine or cider; and
(b) Holds a certificate of approval issued
under ORS 471.244.
(2) The holder of a wine self-distribution
permit may sell at wholesale and transport wine or cider that the manufacturer
produces directly to the commission, or to retail licensees in the manner
provided by this section. A wine self-distribution permit allows the holder to
sell wine or cider that the holder produces only to retail licensees who hold a
valid endorsement issued by the commission authorizing receipt of wine or cider
from the holder of a wine self-distribution permit.
(3) In addition to the information
required by ORS 471.311 for licenses, an applicant for a wine self-distribution
permit shall provide the commission with a copy of the license held by the
applicant and any information required by the commission to establish that the
license held by the applicant authorizes the manufacture of wine or cider.
(4) A person holding a wine
self-distribution permit is responsible for paying all taxes imposed under ORS
chapter 473, and for complying with all reporting requirements imposed by ORS
chapter 473, for all wine and cider sold and transported to retail licensees in
this state. The commission may revoke, or refuse to issue, a wine
self-distribution permit if the holder of a permit fails to pay taxes or make
reports as required by ORS chapter 473.
(5) A retail licensee may receive wine or
cider from the holder of a wine self-distribution permit only if the licensee
has received prior authorization from the commission. Prior authorization under
this subsection must be made by an endorsement to the license for the premises
where the wine or cider will be received. The commission may not charge or
collect a fee for an endorsement under this subsection.
(6)(a) Except as provided in paragraph (b)
of this subsection, a retail licensee that receives wine or cider from holders
of wine self-distribution permits must make a monthly report to the commission,
using a form prescribed by the commission, listing the amount of all wine or
cider received from permit holders in the previous month, and the names of the
permit holders from whom the wine or cider was received. Retail licensees shall
retain such purchase records for products received from permit holders as may
be required by the commission.
(b) The holder of a full or limited
on-premises sales license is not required to file a report under this
subsection for any month in which the licensee receives two or fewer cases of
wine from holders of wine self-distribution permits.
(7) A manufacturer that is not licensed by
the commission may sell and transport wine or cider directly to a retail licensee,
and a retail licensee may receive wine or cider directly from a manufacturer
that is not licensed by the commission, only if the manufacturer holds a wine
self-distribution permit issued under this section.
(8) The holder of a wine self-distribution
permit consents to the jurisdiction of the commission and the courts of this
state for the purpose of enforcing the provisions of this chapter, ORS chapter
473 and any related laws or rules.
(9) The holder of a wine self-distribution
permit must post a bond or other security, as described in ORS 471.155.
(10) The commission may revoke, or refuse
to issue, a wine self-distribution permit if the holder of a permit fails to
comply with any provision of this section. [2007 c.651 §2]
471.275 [Amended by 1987 c.608 §10; 1995 c.301 §18b;
repealed by 1999 c.351 §8]
471.280 [Repealed by 1999 c.351 §11]
(Direct Shipment
of Wine and Cider to Consumer)
471.282
Direct shipper permit; fees.
(1) Notwithstanding any other provision of this chapter, a person may sell and
ship wine or cider directly to a resident of
(a) A person that holds a license issued
by this state or another state that authorizes the manufacture of wine or
cider;
(b) A person that holds a license issued
by this state or another state that authorizes the sale of wine or cider
produced only from grapes or other fruit grown under the control of the person;
(c) A person that holds a license
authorizing the sale of wine or cider at retail; or
(d) A nonprofit trade association that
holds a temporary sales license under ORS 471.190 and that has a membership
primarily composed of persons holding winery licenses issued under ORS 471.223
or grower sales privilege licenses issued under ORS 471.227.
(2) A person may apply for a direct
shipper permit by filing an application with the commission. The application
must be made in such form as may be prescribed by the commission. The person
must include in the application the number of the license issued to the person
by the commission, or a true copy of the license issued to the person by
another state. If the application is based on a license issued by another
state, or the application is by a nonprofit trade association described in
subsection (1)(d) of this section, the person or association must pay a $50
registration fee and maintain a bond or other security described in ORS 471.155
in the minimum amount of $1,000.
(3) Sales and shipments under a direct
shipper permit:
(a) May be made only to a person who is at
least 21 years of age;
(b) May be made only for personal use and
not for the purpose of resale; and
(c) May not exceed two cases, containing
not more than nine liters per case, to any resident per month.
(4) Sales and shipments under a direct
shipper permit must be made directly to a resident of this state in containers
that are conspicuously labeled with the words: CONTAINS
ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.
(5) A person holding a direct shipper
permit must take all actions necessary to ensure that a carrier used by the
permit holder does not deliver any wine or cider unless the carrier:
(a) Obtains the signature of the recipient
of the wine or cider upon delivery;
(b) Verifies by inspecting
government-issued photo identification that the recipient is at least 21 years
of age; and
(c) Determines that the recipient is not
visibly intoxicated at the time of delivery.
(6)(a) A person holding a direct shipper
permit must report to the commission all shipments of wine or cider made to
(b) A person holding a direct shipper
permit must allow the commission to audit the permit holders records upon
request and shall make those records available to the commission in this state.
(c) A person holding a direct shipper
permit consents to the jurisdiction of the commission and the courts of this
state for the purpose of enforcing the provisions of this section and any
related laws or rules.
(7)(a) A person holding a direct shipper
permit must timely pay to the commission all taxes imposed under ORS chapter
473 on wine and cider sold and shipped under the permit. For the purpose of the
privilege tax imposed under ORS chapter 473, all wine or cider sold and shipped
pursuant to a direct shipper permit is sold in this state.
(b) A person holding a direct shipper
permit based on a license issued by another state must timely pay to the
commission all taxes imposed under ORS chapter 473 on all wine or cider sold
and shipped directly to
(8) A direct shipper permit must be
renewed annually. If the person holds the permit based on an annual license
issued by another state, the permit may be renewed by paying a $50 renewal fee
and providing the commission with a true copy of a current license issued to
the person by the other state. If the person holds the permit based on an
annual license issued by this state, the permit may be renewed at the same time
that the license is renewed.
(9) The commission may refuse to issue or
may suspend or revoke a direct shipper permit if the permit holder fails to
comply with the provisions of this section. A person may sell and ship wine or
cider under a direct shipper permit only for as long as the person has the
license issued by this state or another state that authorizes the person to
hold a direct shipper permit.
(10) Any person who knowingly or
negligently delivers wine or cider under the provisions of this section to a
person under 21 years of age, or who knowingly or negligently delivers wine or
cider under the provisions of this section to a visibly intoxicated person,
violates ORS 471.410.
(11) A person may not make sales and
shipments of wine or cider directly to
471.285 [Amended by 1955 c.657 §4; 1957 c.221 §1;
1989 c.178 §2; 1997 c.249 §170; repealed by 1999 c.351 §11]
471.287 [1955 c.657 §8; 1957 c.221 §2; 1975 c.470 §1;
1983 c.228 §1; 1987 c.511 §2; 1989 c.178 §3; 1995 c.301 §86; 1997 c.79 §1;
repealed by 1999 c.351 §11]
471.289 [1955 c.657 §6; 1957 c.111 §1; 1973 c.131 §1;
1979 c.264 §6; 1995 c.103 §1; 1999 c.351 §68; renumbered 471.244 in 2007]
471.290 [Amended by 1955 c.657 §9; 1957 c.111 §2;
1965 c.280 §3; 1967 c.28 §1; 1967 c.448 §1; 1971 c.470 §1; 1973
c.313 §1; 1973
c.395 §5; 1975 c.494 §3; 1979 c.264 §7; 1981 c.598 §1; 1985 c.360 §1; 1985
c.591 §2; 1985 c.628 §3; 1985 c.649 §2; 1989 c.178 §4; 1989 c.553 §2; 1989
c.740 §3; 1995 c.58 §3; 1995 c.103 §2; 1995 c.301 §57; 1995 c.363 §3; 1997
c.249 §171; 1997 c.284 §3; 1999 c.351 §18; renumbered 471.311 in 1999]
LICENSING
PROCEDURES
(Generally)
471.292
Characteristics of license.
(1) A license granted under the Liquor Control Act or the Oregon Distilled
Liquor Control Act shall:
(a) Be a purely personal privilege.
(b) Be valid for the period stated in the
license.
(c) Be renewable in the manner provided in
ORS 471.311, except for a cause which would be grounds for refusal to issue
such license under ORS 471.313.
(d) Be revocable or suspendible as provided
in ORS 471.315.
(e) Be transferable from the place for
which the license was originally issued to another location subject to the
provisions of the Liquor Control Act, the Oregon Distilled Liquor Control Act,
any rules of the Oregon Liquor Control Commission and any municipal ordinance
or local regulation.
(f) Cease upon the death of the licensee,
except as provided in subsection (2) of this section.
(g) Not constitute property.
(h) Not be alienable.
(i) Not be subject to attachment or
execution.
(j) Not descend by the laws of testate or
intestate devolution.
(2) The commission may, by order, provide
for the manner and conditions under which:
(a) Alcoholic liquors left by any
deceased, insolvent or bankrupt person or licensee, or subject to a security
interest, may be foreclosed, sold under execution or otherwise disposed of.
(b) The business of any deceased,
insolvent or bankrupt licensee may be operated for a reasonable period
following the death, insolvency or bankruptcy.
(c) A business licensed pursuant to this
chapter subject to a security interest may be continued in business by a
secured party as defined in ORS 79.0102 for a reasonable period after default
on the indebtedness by the debtor.
(d) A license granted under this chapter
may be transferred from the place for which the license was originally issued
to another location. [Formerly 471.301; 2001 c.445 §175]
471.294
License terms; licenses issued for less than year; determination of fees. (1) Except as otherwise provided in this section,
all licenses under this chapter and renewals thereof shall be issued for a
period of one year which shall expire at 12 midnight on March 31, June 30,
September 30 or December 31 of each year.
(2) Notwithstanding subsection (1) of this
section, a license issued for the first time to an applicant may be issued for
less than a year. The fee for a license issued for less than a year under this
subsection is the annual license fee prescribed by ORS 471.311.
(3) The term of a temporary letter of
authority or license issued under ORS 471.302 or any temporary sales license is
the period fixed by the Oregon Liquor Control Commission when the letter or
license is issued. [Formerly 471.355; 2007 c.269 §1]
471.295 [Amended by 1953 c.14 §2; 1979 c.744 §33a;
1979 c.881 §3; 1989 c.785 §8; 1995 c.301 §58; 1997 c.841 §5; 1999 c.351 §46;
renumbered 471.313 in 1999]
471.297
Temporary letter of authority on change of ownership; fee; revocation. (1) The Oregon Liquor Control Commission may
grant a temporary letter of authority for a period not to exceed 90 days on
change of ownership applications for licenses granted under this chapter if the
applicant pays the fee prescribed by the commission for a temporary letter of
authority. The administrator appointed by the commission under ORS 471.720 may
extend a temporary letter of authority granted under the provisions of this
section for a period not to exceed 30 days if the commission has not granted or
denied the application at the end of the 90-day period. A temporary letter of
authority issued under this section does not constitute a license for the
purposes of ORS chapter 183.
(2) The commission summarily and without
prior administrative proceedings may revoke a temporary letter of authority any
time if the commission finds that any of the grounds for refusing a license
under ORS 471.313 or canceling or suspending a license under ORS 471.315 exist.
(3) A person subject to subsection (2) of
this section shall be given an interview under the direction of the commission
if the person requests an interview prior to revocation of a temporary letter
of authority. However, the proceedings are not a contested case under ORS
chapter 183. [1987 c.511 §5; 1995 c.301 §59; 1999 c.351 §47; 2003 c.337 §3]
471.300 [Amended by 1953 c.130 §2; repealed by 1957
c.220 §1 (471.301 enacted in lieu of 471.300)]
471.301 [1957 c.220 §2 (enacted in lieu of 471.300);
1971 c.470 §2; 1973 c.311 §1; 1977 c.332 §1; 1977 c.360 §2; 1979 c.264 §9; 1995
c.301 §60; 1999 c.351 §48; renumbered 471.292 in 1999]
471.302
Temporary letter of authority for off-premises sales license applicant;
revocation. (1) Upon
receiving an application for an off-premises sales license, the Oregon Liquor
Control Commission may grant a temporary letter of authority for a period not
exceeding 90 days, if it finds:
(a) The applicant is located in an area
presently zoned for commercial use and presents documentation of such zoning to
the commission.
(b) The applicant pays the fee prescribed
by the commission for a temporary letter of authority.
(2) The administrator appointed by the
commission under ORS 471.720 may extend a temporary letter of authority granted
under the provisions of this section for a period not to exceed 30 days if the
commission has not granted or denied the application at the end of the 90-day
period provided for in subsection (1) of this section.
(3) A temporary letter of authority issued
under this section does not constitute a license for the purposes of ORS
chapter 183. The commission summarily and without prior administrative
proceedings may revoke a temporary letter of authority at any time if:
(a) The commission finds that any of the
grounds for refusing a license under ORS 471.313 exist; or
(b) The city or county in which the
applicant is located provides evidence of reasonable grounds to the commission:
(A) That the temporary letter of authority
should be revoked; or
(B) That an off-premises sales license
should not be issued. [Formerly 471.262; 2003 c.337 §4]
471.305
Delivery of alcoholic beverages. A brewery or a wholesale malt beverage and wine licensee shall deliver
malt beverages only to or on a licensed premises. The sale of alcoholic liquors
under any license issued by the Oregon Liquor Control Commission authorizing
retail sales by a licensee shall be restricted to the premises described in the
license, but deliveries may be made by the licensee to customers pursuant to
bona fide orders received on the licensed premises prior to delivery. [Amended
by 1981 c.199 §2]
471.307 [1991 c.273 §2; 1993 c.663 §5; 1999 c.351 §28;
renumbered 471.180 in 1999]
471.310
Cities as licensees. Any
city may, without further charter authority, become a licensee under this
chapter. [Amended by 1995 c.301 §61; 1999 c.351 §49]
(Application for
License)
471.311
Application for license; rules; fees. (1) Any person desiring a license or renewal of a license under this
chapter shall make application to the Oregon Liquor Control Commission upon
forms to be furnished by the commission showing the name and address of the
applicant, location of the place of business that is to be operated under the
license, and such other pertinent information as the commission may require. No
license shall be granted or renewed until the applicant has complied with the
provisions of this chapter and the rules of the commission.
(2) The commission may reject any
application that is not submitted in the form required by rule. The commission
shall give applicants an opportunity to be heard if an application is rejected.
A hearing under this subsection is not subject to the requirements for
contested case proceedings under ORS chapter 183.
(3) Subject to subsection (4) of this
section, the commission shall assess a nonrefundable fee for processing a
renewal application for any license authorized by this chapter only if the
renewal application is received by the commission less than 20 days before
expiration of the license. If the renewal application is received prior to
expiration of the license but less than 20 days prior to expiration, this fee
shall be 25 percent of the annual license fee. If a renewal application is
received by the commission after expiration of the license but no more than 30
days after expiration, this fee shall be 40 percent of the annual license fee.
This subsection does not apply to a certificate of approval, a brewery-public
house license or any license that is issued for a period of less than 30 days.
(4) The commission may waive the fee
imposed under subsection (3) of this section if it finds that failure to submit
a timely application was due to unforeseen circumstances or to a delay in
processing the application by the local governing authority that is no fault of
the licensee.
(5) The license fee is nonrefundable and
shall be paid by each applicant upon the granting or committing of a license.
Subject to ORS 471.155 and 473.065, the annual or daily license fee and the
minimum bond required of each class of license under this chapter are as
follows:
______________________________________________________________________________
Minimum
License Fee Bond
Brewery, including Certificate
of Approval $ 500 $ 1,000
Winery 250 1,000
Distillery 100 None
Wholesale Malt Beverage
and Wine 275 1,000
Warehouse 100 1,000
Special events winery
license may be
issued to a
winery licensee at $ 10 per day
Brewery-Public House,
including Certificate
of Approval $ 250 $ 1,000
Limited On-Premises Sales $ 200 None
Off-Premises Sales $ 100 None
Temporary Sales $ 50 per day
Grower sales privilege
license $ 250 $ 1,000
Special events grower
sales privilege
license $ 10 per day
______________________________________________________________________________
(6) The fee for a certificate of approval
or special certificate of approval granted under ORS 471.244 is nonrefundable
and must be paid by each applicant upon the granting or committing of a
certificate of approval or special certificate of approval. No bond is required
for the granting of a certificate of approval or special certificate of
approval. Certificates of approval are valid for a period commencing on the
date of issuance and ending on December 31 of the fifth calendar year following
the calendar year of issuance. The fee for a certificate of approval is $175.
Special certificates of approval are valid for a period of 30 days. The fee for
a special certificate of approval is $10.
(7) Except as provided in subsection (8)
of this section, the annual license fee for a full on-premises sales license is
$400. No bond is required for any full on-premises sales license.
(8) The annual license fee for a full
on-premises sales license held by a private club as described in ORS 471.175
(8), or held by a nonprofit or charitable organization that is registered with
the state, is $200.
(9) The annual fee for a wine self-distribution
permit is $100, and the minimum bond is $1,000. [Formerly 471.290; 2001 c.785 §2;
2005 c.22 §345; 2005 c.632 §3; 2007 c.443 §1; 2007 c.651 §3]
471.312
[1989 c.785 §§6,7; 1991
c.734 §39; 1995 c.301 §62; 1999 c.351 §50; renumbered 471.331 in 1999]
471.313
Grounds for refusing to issue license. The Oregon Liquor Control Commission may refuse to license any
applicant under the provisions of this chapter if the commission has reasonable
ground to believe any of the following to be true:
(1) That there are sufficient licensed
premises in the locality set out in the application, or that the granting of a
license in the locality set out in the application is not demanded by public
interest or convenience. In determining whether there are sufficient licensed
premises in the locality, the commission shall consider seasonal fluctuations
in the population of the locality and shall ensure that there are adequate
licensed premises to serve the needs of the locality during the peak seasons.
(2) That the applicant has not furnished
an acceptable bond as required by ORS 471.311 or is not maintaining the
insurance or bond required by ORS 471.168.
(3) That, except as allowed by ORS 471.392
to 471.400, any applicant to sell at retail for consumption on the premises has
been financed or furnished with money or property by, or has any connection
with, or is a manufacturer of, or wholesale dealer in, alcoholic liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled substances to excess.
(b) Has made false statements to the
commission.
(c) Is incompetent or physically unable to
carry on the management of the establishment proposed to be licensed.
(d) Has been convicted of violating any of
the alcoholic liquor laws of this state, general or local, or has been
convicted at any time of a felony.
(e) Has maintained an insanitary
establishment.
(f) Is not of good repute and moral
character.
(g) Did not have a good record of
compliance with the alcoholic liquor laws of this state and the rules of the
commission when previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other persons have ownership interests in
the business which have not been disclosed.
(i) Is not possessed of or has not
demonstrated financial responsibility sufficient to adequately meet the
requirements of the business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the laws of
(5) That there is a history of serious and
persistent problems involving disturbances, lewd or unlawful activities or
noise either in the premises proposed to be licensed or involving patrons of
the establishment in the immediate vicinity of the premises if the activities
in the immediate vicinity of the premises are related to the sale or service of
alcohol under the exercise of the license privilege. Behavior which is grounds
for refusal of a license under this section, where so related to the sale or
service of alcohol, includes, but is not limited to obtrusive or excessive
noise, music or sound vibrations; public drunkenness; fights; altercations;
harassment; unlawful drug sales; alcohol or related litter; trespassing on
private property; and public urination. Histories from premises currently or
previously operated by the applicant may be considered when reasonable
inference may be made that similar activities will occur as to the premises
proposed to be licensed. The applicant may overcome the history by showing that
the problems are not serious or persistent or that the applicant demonstrates a
willingness and ability to control adequately the premises proposed to be
licensed and patrons behavior in the immediate vicinity of the premises which
is related to the licensees sale or service of alcohol under the licensees
exercise of the license privilege. [Formerly 471.295; 2001 c.785 §1]
(Suspension or
Cancellation of License; Civil Penalties)
471.315
Grounds for cancellation or suspension of license or imposition of civil
penalty. (1) The Oregon
Liquor Control Commission may cancel or suspend any license issued under this
chapter, or impose a civil penalty in lieu of or in addition to suspension as
provided by ORS 471.322, if it finds or has reasonable ground to believe any of
the following to be true:
(a) That the licensee:
(A) Has violated any provision of this
chapter or ORS 474.115 or any rule of the commission adopted pursuant thereto.
(B) Has made any false representation or
statement to the commission in order to induce or prevent action by the
commission.
(C) Is not maintaining an acceptable bond
as required by ORS 471.311 or is not maintaining the insurance or bond required
by ORS 471.168.
(D) Has maintained an insanitary
establishment.
(E) Is insolvent or incompetent or
physically unable to carry on the management of the establishment of the
licensee.
(F) Is in the habit of using alcoholic
liquor, habit-forming drugs or controlled substances to excess.
(G) Knowingly has sold alcoholic liquor to
persons under 21 years of age or to persons visibly intoxicated at the time of
sale or has knowingly allowed the consumption of alcoholic liquor on the
licensed premises by a person who is visibly intoxicated at the time of
consumption.
(H) Has misrepresented to a customer or
the public any alcoholic liquor sold by the licensee.
(I) Since the granting of the license, has
been convicted of a felony, of violating any of the liquor laws of this state,
general or local, or of any misdemeanor or violation of any municipal ordinance
committed on the licensed premises.
(b) That any person licensed to sell at
retail for consumption on the premises is acting as an agent of, or is a
manufacturer or wholesaler of alcoholic liquors, or has borrowed money or
property, or has accepted gratuities or rebates, or has obtained the use of
equipment from any manufacturer or wholesaler of alcoholic liquor or any agent
thereof.
(c) That there is a history of serious and
persistent problems involving disturbances, lewd or unlawful activities or
noise either in the premises or involving patrons of the establishment in the
immediate vicinity of the premises if the activities in the immediate vicinity
of the premises are related to the sale or service of alcohol under the
exercise of the license privilege. Behavior which is grounds for cancellation
or suspension of a license under this section, where so related to the sale or
service of alcohol, includes, but is not limited to obtrusive or excessive
noise, music or sound vibrations; public drunkenness; fights; altercations;
harassment or unlawful drug sales; alcohol or related litter; trespassing on
private property; and public urination. Mitigating factors include a showing by
the licensee that the problems are not serious or persistent or that the
licensee has demonstrated a willingness and ability to control adequately the
licensed premises and patrons behavior in the immediate vicinity of the
premises which is related to the licensees sale or service of alcohol under
the licensees exercise of the license privilege.
(d) That there is any other reason which,
in the opinion of the commission, based on public convenience or necessity,
warrants canceling or suspending such license.
(2) Civil penalties under this section
shall be imposed as provided in ORS 183.745. [Amended by 1953 c.107 §2; 1971
c.159 §4; 1979 c.744 §34; 1981 c.599 §1; 1989 c.785 §3; 1991 c.734 §40; 1995
c.301 §63; 1997 c.841 §6; 1999 c.351 §51]
471.316
Mandatory suspension if licensee fails to prevent certain unlawful drug use or
sales on premises; civil penalty. (1) Notwithstanding any other provision of this chapter, the Oregon
Liquor Control Commission shall suspend the license of a licensed premises
listed in subsection (4) of this section if the commission determines that:
(a) Unlawful drug use or sales are
occurring on the licensed premises;
(b) The licensee is aware of the unlawful
drug use or sales because of arrests for unlawful drug sales on the licensed
premises or seizures of unlawful drugs on the licensed premises, or because the
licensee or employees of the licensee have personally witnessed unlawful drug
use or sales on the licensed premises; and
(c) The licensee fails to take immediate
and effective action to prevent unlawful drug use or sales on the licensed
premises.
(2) In addition to any suspension imposed
under this section, the commission may impose a civil penalty under the
circumstances described in subsection (1) of this section not to exceed the
maximum amount established under ORS 471.322 (2). Notwithstanding ORS 471.322
(1), the commission shall not allow payment of a civil penalty under this
subsection in lieu of the suspension provided for in subsection (1) of this
section. A civil penalty under this section shall be imposed in the manner
provided by ORS 183.745.
(3) The commission may cancel a license
listed in subsection (4) of this section if the license is suspended under the
provisions of this section two or more times within a two-year period.
(4) This section applies only to premises
licensed under:
(a) A full on-premises sales license.
(b) A limited on-premises sales license.
(c) A brewery-public house license. [1997
c.815 §2; 1999 c.351 §29]
471.317 [1975 c.373 §2; 1979 c.236 §8; 1995 c.301 §64;
renumbered 471.333 in 1999]
471.320 [Amended by 1957 c.220 §3; repealed by 1971
c.734 §21]
471.322
Civil penalty in lieu of or in addition to short-term suspension of certain
licenses and permits; limits on amount. (1) If a license issued under this chapter or a service permit issued
under ORS 471.360 is suspended for a period of 30 days or less, the Oregon
Liquor Control Commission may impose against the affected licensee or permittee
in lieu of or in addition to the suspension a civil penalty fixed by the
commission in accordance with subsection (2) of this section if the commission
is satisfied that such a penalty in lieu of or in addition to suspension is
consistent with the purposes of the Liquor Control Act and the Oregon Distilled
Liquor Control Act. Upon payment of the penalty in lieu of suspension, the
commission shall cancel the suspension.
(2) Except as provided in ORS 471.327, the
penalty which the commission may impose pursuant to subsection (1) of this
section against a licensee shall not be less than $100 nor more than $5,000.
The penalty which the commission may impose pursuant to subsection (1) of this
section against a service permittee shall not be less than $25 nor more than
$500.
(3) Civil penalties under this section
shall be imposed as provided in ORS 183.745. [1969 c.67 §§2,3; 1973 c.144 §1;
1975 c.735 §1; 1979 c.264 §10; 1981 c.599 §2; 1991 c.61 §1; 1991 c.734 §41;
1995 c.301 §65; 1999 c.351 §52; 1999 c.1062 §1]
471.325 [Amended by 1953 c.19 §2; 1957 c.220 §4;
1969 c.205 §1; repealed by 1971 c.734 §21]
471.326
Refund of civil penalty if suspension not sustained on judicial review. If the action of the Oregon Liquor Control
Commission in suspending a license or permit issued under this chapter is not
sustained upon judicial review under ORS chapter 183, the commission shall
promptly refund the amount paid pursuant to ORS 471.322 (1) by check or order
drawn on the State Treasurer from the Oregon Liquor Control Commission Account.
[1969 c.67 §4; 1973 c.144 §2; 1975 c.735 §2; 1979 c.264 §11; 1991 c.61 §2; 1995
c.301 §66; 1999 c.351 §53]
471.327
Civil penalty in addition to or in lieu of suspending certain other licenses or
certificates. (1) The Oregon
Liquor Control Commission, in suspending any brewery license, wholesale wine
license, wholesale malt beverage license, or certificate of approval, may
further impose against the licensee or the holder of the certificate of
approval a civil penalty not to exceed $5,000, or, in its discretion, may
impose such civil penalty without suspending the license or the certificate of
approval.
(2) Civil penalties under this section
shall be imposed as provided in ORS 183.745. [1955 c.657 §7; 1973 c.311 §3;
1991 c.734 §42]
(Miscellaneous
Provisions Relating to Denial, Suspension or Cancellation of License)
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 (5) and
471.315 (1)(c), or whether the licensee maintains a noisy establishment in
violation of the provisions of ORS 471.425:
(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 (5) 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 Control 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]
471.330 [Amended by 1977 c.215 §1; 1995 c.301 §67;
1999 c.351 §54; renumbered 471.351 in 1999]
471.331
Notice to licensee when refusal to renew or suspension or cancellation of license
based on adverse neighborhood impact; no stay of order. (1) Whenever the Oregon Liquor Control
Commission proposes to refuse to renew or to suspend or cancel any license
issued under this chapter because of adverse neighborhood impact of the
licensees operation, notwithstanding ORS 183.435, the commission shall grant
the affected licensee 20 days from notification of the proposed commission
action to request a hearing.
(2) Notwithstanding ORS 183.482 (3), the
Oregon Liquor Control Commission shall not stay any order refusing a license or
suspending or canceling any license if the order was entered on grounds stated
in ORS 471.313 (5) or 471.315 (1)(c). [Formerly 471.312]
471.333
Effect of sanitation violations. (1) Except as provided in subsections (2) and (3) of this section, the
Oregon Liquor Control Commission shall not refuse to issue, cancel or suspend a
license under ORS 471.313, 471.315 or 471.425 for maintaining an insanitary
establishment.
(2) The commission may refuse to issue,
cancel or suspend a license under ORS 471.313, 471.315 or 471.425 for
maintaining an insanitary establishment in violation of a city ordinance
relating to sanitation only if the licensee is convicted of violating the
ordinance.
(3) The commission may refuse to issue,
cancel or suspend a license under ORS 471.313, 471.315 or 471.425 for
maintaining an insanitary establishment in violation of ORS 447.010 to 447.156
and 447.992 or the laws, orders or rules relating to public health of the
Department of Human Services or the State Department of Agriculture only when
the agency charged with enforcing those laws, orders or rules finds that the
licensee is in violation of them and renders a final order adverse to the
licensee. [Formerly 471.317; 2001 c.900 §204]
471.335
[Amended by 1953 c.120 §6;
1974 c.4 §4; 1985 c.592 §3; renumbered 471.404 in 1999]
471.340 [Amended by 1983 c.316 §1; 1999 c.351 §69;
renumbered 471.442 in 1999]
(Sales of
Alcoholic Beverages to Minors by Licensees)
471.341
Mandatory clerk training course for employees of off-premises sales licensees;
rules; fees; civil penalty.
(1) An employee of an off-premises sales licensee who has been found by the
Oregon Liquor Control Commission to have sold alcoholic beverages to a minor,
or to have failed to properly verify identification of a person who purchased
alcoholic beverages, must attend a clerk training course approved by the
commission as a condition of making sales of alcoholic beverages to members of
the public under an off-premises sales license.
(2) The commission shall by rule establish
times for employees to complete a required clerk training course under this
section. An employee required to complete a clerk training course under this
section may continue to make sales of alcoholic beverages to members of the
public until taking such training, but may not make any sales of alcoholic
beverages after the expiration of the time allowed by commission rule if the
employee has not completed the training before the expiration of that time.
(3) Except as provided in subsection (2)
of this section, the holder of an off-premises sales license may not allow an
employee who has been found by the Oregon Liquor Control Commission to have
sold alcoholic beverages to a minor, or to have failed to properly verify
identification of a person who purchased alcoholic beverages, to sell alcoholic
beverages under the license unless the employee completes a clerk training
course as required by this section.
(4) The Oregon Liquor Control Commission,
as part of the Alcohol Education Program established under ORS 471.541, shall
approve all clerk training courses offered for the purpose of this section. The
holder of an off-premises sales license may establish a clerk training course
for employees of the licensee, but the course must be approved by the
commission to meet the requirements of this section. Clerk training courses
approved under this section must address at least the following topics:
(a) The importance of not selling
alcoholic beverages to minors and visibly intoxicated persons.
(b) Guidelines for recognizing minors and
visibly intoxicated persons.
(c) Guidelines for checking and verifying
identification, and for recognizing false or altered identification.
(d) Recommended approaches for refusing
sales of alcoholic beverages to minors and visibly intoxicated persons.
(5) If an employee of an off-premises
sales licensee is found to have sold alcoholic beverages to a minor, or to have
failed to properly verify identification of a person who purchased alcoholic
beverages, the commission shall notify the licensee that the employee must
complete a clerk training course approved under this section and may not sell
alcoholic beverages to members of the public after the time established by the
commission unless the employee completes the training within the time allowed.
If the off-premises sales licensee offers a clerk training course to new
employees, and the employee has previously completed that course, the
requirements of this section may be met by retaking the clerk training course
if the course has been approved by the commission for the purposes of this
section.
(6) Upon completion of a clerk training
course by an employee of an off-premises sales licensee pursuant to the
requirements of this section, the off-premises sales licensee that employs the
person must notify the commission in writing that the employee has successfully
completed the training. The notification must include the name and address of
the employee, the name of the clerk training course attended by the employee,
and the date or dates on which the course was attended. The notification shall
be kept by the commission in the licensees file.
(7) The commission shall assess and
collect a fee not to exceed $13 from each person required to attend a clerk
training course under this section. Amounts collected under this section shall
be used for the administrative expenses incurred by the commission in the
performance of the commissions duties under the Alcohol Education Program.
(8) In addition to any other penalty
provided for by law, the commission may impose a civil penalty against any
employee of an off-premises sales licensee who sells alcoholic beverages to
members of the public and who is prohibited from making those sales under this
section. A civil penalty under this subsection may not exceed $500. Civil
penalties under this subsection shall be imposed by the commission in the
manner provided by ORS 183.745. [1999 c.1062 §§3,9; 2001 c.785 §15]
471.342
Acquisition and use of age verification equipment in lieu of other penalty. Upon finding that a retail licensee, as
defined in ORS 471.392, or an employee of a retail licensee has sold alcoholic
beverages to a minor, or has failed to properly verify identification of a
person who purchased alcoholic beverages, the Oregon Liquor Control Commission
may allow the licensee, in lieu of a civil penalty or denial, suspension or
cancellation of the license, to acquire and use equipment designed to prevent
sales of alcoholic beverages to minors. [1999 c.1062 §5]
471.344
Responsible vendor program; rules. (1) The Oregon Liquor Control Commission shall by rule establish a
responsible vendor program. The program shall include a list of positive
measures that a retail licensee, as defined in ORS 471.392, must take to avoid
sales of alcoholic beverages to minors. Any retail licensee may participate in
the program.
(2) If a retail licensee, as defined in
ORS 471.392, participates in the responsible vendor program established under
this section, and the licensee takes all measures specified by the program as
necessary to prevent sales of alcoholic beverages to minors, the commission
shall not cancel the license of the licensee, or deny issuance of a license to
the person that holds the retail license, based on sales of alcoholic beverages
to minors by employees of the licensee. [1999 c.1062 §7]
471.345 [Amended by 1999 c.351 §70; renumbered
471.446 in 1999]
471.346
Uniform standards for minor decoy operations; rules. (1) The Oregon Liquor Control Commission
shall by rule develop uniform standards for minor decoy operations used to
investigate licensees and agents operating stores on behalf of the commission
under ORS 471.750 for violations of the laws of this state prohibiting sales of
alcoholic beverages to minors. Uniform standards established by the commission
under this section apply to all investigations conducted by the commission that
use minor decoys. The commission shall encourage all law enforcement agencies
of this state to use the uniform standards established under this section for
minor decoy operations conducted by the law enforcement agencies.
(2) To the greatest extent possible, the
uniform standards established by the commission under this section:
(a) Shall be the same for minor decoy operations
conducted by the commission and for minor decoy operations conducted by law
enforcement agencies of this state; and
(b) Shall provide for coordination between
the commission and law enforcement agencies of this state in conducting minor
decoy operations.
(3) The uniform standards established by
the commission under this section shall provide that minor decoy operations
must be conducted on either a random or a targeted basis in cities with
populations of 20,000 or more. Random minor decoy operations shall cover a
range of retail outlets. Targeted minor decoy operations may be conducted for a
single licensee or agent, but may be used only if there is a documented
compliance problem with the specific licensee or agent that is the target of
the operation. For the purpose of implementing standards for random minor decoy
operations under this subsection, the commission shall by rule adopt a
methodology that produces, to the greatest extent possible, an equal chance
that any licensee or agent will be subject to a minor decoy operation.
(4) Except as provided in subsection (5)
of this section, the failure of the commission or of a law enforcement agency
to follow uniform standards established by the commission under this section is
not grounds for challenging any complaint, citation or conviction for violation
of the laws prohibiting the sale of alcoholic beverages to minors.
(5) In determining whether to impose
sanctions based on multiple violations of the laws of this state prohibiting
sales of alcoholic beverages to minors, the commission may not consider any
complaint filed against a licensee for selling alcoholic beverages to a minor,
citation issued to a licensee for selling alcoholic beverages to a minor or
conviction of a licensee for selling alcoholic beverages to a minor if the
complaint, citation or conviction arose out of a minor decoy operation that was
not conducted pursuant to the uniform standards established by the commission
under this section.
(6) Notwithstanding any other provision of
this chapter, the commission may not consider any sale of alcoholic beverages
to a minor that results from a minor decoy operation that is not conducted in
compliance with the standards established under this section for the purpose of
imposing any civil penalty against a licensee, making a decision on the
renewal, suspension or cancellation of a license issued under this chapter or
otherwise sanctioning a licensee for the sale of alcoholic beverages to a
minor.
(7) The commission shall give notice of
the uniform standards established under this section to all law enforcement
agencies of this state that conduct minor decoy operations. [2001 c.791 §2]
471.350 [Repealed by 1967 c.577 §10]
(Examination of
Books and Premises of Licensees)
471.351
Examination of books and premises of licensees. (1) The Oregon Liquor Control Commission has
the right after 72 hours notice to the owner or the agent of the owner to make
an examination of the books and may at any time make an examination of the
premises of any person licensed under this chapter, or to check the alcoholic
content of liquors carried by the licensee, for the purpose of determining
compliance with this chapter and the rules of the commission.
(2) The commission shall not require the
books of any licensee to be maintained on the premises of the licensee. [Formerly
471.330]
471.355 [1971 c.470 §4; 1981 c.199 §3; 1989 c.178 §5;
1995 c.301 §68; 1997 c.79 §2; 1999 c.351 §30; renumbered 471.294 in 1999]
SERVICE PERMITS
471.360
Service permit required; waiver. (1) Except as otherwise provided in ORS 471.375:
(a) Any person employed by a licensee of
the Oregon Liquor Control Commission who participates in any manner in the
mixing, selling or service of alcoholic liquor for consumption on the premises
where served or sold shall have a valid service permit issued by the
commission.
(b) No licensee of the commission shall
permit any person to mix, sell or serve any alcoholic liquor for consumption on
licensed premises unless such person has a valid service permit issued by the
commission.
(c) A permittee shall make the service
permit available at any time while on duty for immediate inspection by any
inspector or investigator employed by the commission or by any other peace
officer.
(2) The commission may waive the
requirement for a service permit for an employee of a licensee whose primary
function is not the sale of alcoholic liquor or food, including but not limited
to public passenger carriers, hospitals, or convalescent, nursing or retirement
homes. [1979 c.788 §2]
471.365
Characteristics of permit; verification of identity of permittee. (1) A service permit shall be a purely
personal privilege, valid only upon licensed premises, for the period of time
stated thereon, and may be suspended or revoked for any reason set forth in ORS
471.360 to 471.390.
(2) No service permit shall be used by any
person other than the person to whom it is issued. Except as provided in ORS
471.375, the licensee shall verify the identification of the permittee and
determine that the permittee has in possession a service permit before allowing
the permittee to mix, sell or serve alcoholic liquor for consumption on the
licensed premises. [1979 c.788 §3]
471.370
Expiration. Unless sooner
suspended or revoked, a service permit issued after November 1, 1981, shall
expire on the anniversary date of the permittees birthday five years after the
date of issuance of the permit. [1979 c.788 §3a; 1981 c.599 §3]
471.375
Application; requirements; fee.
(1) Any person who has not had a permit refused or revoked or whose permit is
not under suspension may mix, sell or serve alcoholic beverages for consumption
on licensed premises if the person prepares in duplicate an application for a
service permit prior to mixing, selling or serving any alcoholic beverage for
consumption on licensed premises and the application is indorsed as required
under subsection (2) of this section. A copy of the indorsed application must
be kept on the licensed premises by any licensee for whom the person mixes, sells
or serves alcoholic beverages and must be made available for immediate
inspection by any inspector or investigator employed by the Oregon Liquor
Control Commission or by any other peace officer until the applicant receives
the service permit.
(2) An application for a service permit
under subsection (1) of this section must be indorsed by one of the following
persons:
(a) The licensee under whose license the
applicant will mix, sell or serve alcoholic beverages. If a licensee indorses
an application, the licensee must immediately transmit the application to the
commission with the fee required by subsection (4) of this section.
(b) An officer or employee of a company
that provides servers to licensees on a temporary basis. The commission must
give a company written approval to indorse service permit applications before
an application may be indorsed under this paragraph.
(c) An employee of the commission
designated by the commission to accept and indorse applications under this
section.
(d) An employee of an alcohol server
education course provider that has been certified by the commission under ORS
471.542 (8). The employee must be specifically designated by the provider to
indorse applications under this section.
(3) An application for a service permit
may be indorsed by an employee of the commission under subsection (2)(c) of
this section only if:
(a) The applicant is not employed by a
licensee of the commission;
(b) The applicant completes the alcohol
server education course required by ORS 471.542 before making the application;
and
(c) The applicant personally appears
before the employee of the commission and provides such identification as may
be required by commission rule.
(4) An applicant for a service permit must
be 18 years of age or over. Application for a service permit shall be made on a
form supplied by the commission. The applicant shall truly answer all
questions, provide any further information required, and pay a fee not to
exceed $10. The commission shall either set the fee to cover only the
administrative costs of the service permit program, or apply any excess to the
Alcohol Education Program established under ORS 471.541. [1979 c.788 §4; 1981
c.610 §5; 1987 c.511 §6; 1989 c.271 §2; 2001 c.785 §7]
471.380
Grounds for refusing to issue permit; request for hearing. (1) The Oregon Liquor Control Commission may
refuse to grant a service permit if it has reasonable grounds to believe any of
the following to be true:
(a) That the applicant is in the habit of
using alcoholic beverages or controlled substances to excess.
(b) That the applicant has made false
statements to the commission in the permit application.
(c) That the applicant is incompetent or
physically incapable of performing the duties of a permittee.
(d) That the applicant has been convicted
of violating any of the alcoholic liquor laws of this state, general or local,
or has been convicted at any time of a felony.
(e) That the application has not been
indorsed as required by ORS 471.375.
(f) That the applicant has not completed
the alcohol server education course and examination required by ORS 471.542.
(2) Notwithstanding ORS 183.435, an
applicant who seeks review of the refusal of a service permit must request a
hearing:
(a) Within 15 days after notification of
the refusal, if the refusal is based on failure to complete the alcohol server
education course and examination; or
(b) Within 30 days after notification of
the refusal, if the refusal is based on any grounds other than failure to
complete the alcohol server education course and examination. [1979 c.788 §5;
1997 c.79 §3; 2001 c.785 §8; 2005 c.12 §1]
471.385
Grounds for revoking or suspending permit or imposing civil penalty; responsibility
of licensee. (1) The Oregon
Liquor Control Commission may revoke or suspend a service permit, or impose a
civil penalty in lieu of or in addition to suspension as provided by ORS
471.322, if it finds or has reasonable grounds to believe any of the following
to be true:
(a) That the permittee has made any false
statement in the application for the permit.
(b) That the permittee has been convicted
of a felony, of violating any of the liquor laws of the state, general or
local, or any misdemeanor or violation of any municipal ordinance committed on
the licensed premises.
(c) That the permittee has performed or
permitted any act which would constitute a violation of any provision of this
chapter or any rule of the commission, if the act were performed or permitted
by any licensee of the commission.
(2) The issuance, suspension or revocation
of a permit under ORS 471.360 to 471.390 does not relieve a licensee from
responsibility for any act of an employee on the licensees premises.
(3) When there has been a violation of
this chapter or any rule adopted thereunder upon any premises licensed by the
commission, the commission may revoke or suspend either the service permit of
the employee who violated the law or rule or the license of the licensee upon
whose premises the violation occurred, or both the permit and the license.
(4) The commission may revoke or suspend
any license issued by the commission if the licensee knowingly indorses a
persons application for a permit when the person has been refused a permit or
has had a permit suspended or revoked, or when the licensee fails to comply
with any provision to be performed by the licensee under ORS 471.360 to
471.390.
(5) Civil penalties under this section
shall be imposed as provided in ORS 183.745. [1979 c.788 §§6,8; 1981 c.599 §5;
1991 c.734 §43; 1995 c.301 §39; 1999 c.351 §55]
471.390
Duplicate or new permit; fee.
(1) If a service permit issued under ORS 471.360 to 471.390 is lost, mutilated
or destroyed, the permittee shall apply immediately for a duplicate permit on a
form to be supplied by the Oregon Liquor Control Commission and submit a fee of
$5.
(2) If a permittee changes name by
marriage or otherwise, the permittee shall apply immediately for a new service
permit by forwarding the permit and evidence of the change of name to the
commission with an application and a fee of $5. [1979 c.788 §7]
TIED HOUSE PROHIBITIONS
471.392
Definitions for ORS 471.392 to 471.400. For the purposes of ORS 471.392 to 471.400:
(1) Manufacturer or wholesaler means:
(a) A person holding a brewery license
issued under ORS 471.220, a winery license issued under ORS 471.223, a grower
sales privilege license issued under ORS 471.227, a distillery license issued
under ORS 471.230, a wholesale malt beverage and wine license issued under ORS
471.235 or a warehouse license issued under ORS 471.242.
(b) Any manufacturer of alcoholic liquors
whose products are sold in the State of
(2) Retail licensee means the holder of
a full or limited on-premises sales license, an off-premises sales license or a
temporary sales license. Retail licensee does not include a bona fide trade
association that represents retail licensees and that is open to all persons
licensed under at least one type of retail license. [1995 c.301 §76; 1997 c.249
§172; 1999 c.351 §31]
471.394
Prohibition on sales at both wholesale and retail; prohibition on financial
connection between retailer and wholesaler. (1) Except as provided in ORS 471.396, a person licensed under the
provisions of this chapter may not sell alcoholic liquor at both retail and
wholesale.
(2) Except as provided in ORS 471.396, a
manufacturer or wholesaler may not acquire or hold any right, title, lien,
claim or other interest, financial or otherwise, in, upon or to the premises,
equipment, business or merchandise of a retail licensee.
(3) Except as provided in ORS 471.396, a
retail licensee may not acquire or hold any right, title, lien, claim or other
interest, financial or otherwise, in, upon or to the premises, equipment,
business or merchandise of any manufacturer or wholesaler. [1995 c.301 §77;
1999 c.351 §56]
471.396
Exceptions to prohibition on financial connection between wholesaler and
retailer. (1) The
prohibitions of ORS 471.394 (1) do not apply to persons holding winery
licenses, grower sales privilege licenses, brewery-public house licenses,
distillery licenses or brewery licenses, to the extent that retail sales are
authorized by the statutes establishing the privileges of each license.
(2)(a) The prohibitions of ORS 471.394 (2)
and (3) do not apply to a person who wholesales alcoholic liquor and who is not
required to be licensed under the provisions of this chapter if the retail
licensee does not sell any brand of alcoholic liquor sold or distributed by the
person and does not sell any brand of alcoholic liquor produced by any
manufacturer doing business with the person selling at wholesale.
(b) The prohibitions of ORS 471.394 (2)
and (3) do not apply to a manufacturer of alcoholic liquor if the retail
licensee does not sell any brand of alcoholic liquor sold, distributed or
produced by the manufacturer and does not sell any brand of alcoholic liquor
sold, distributed or produced by any subsidiary or other business entity that
the manufacturer owns or manages, or that the manufacturer exercises control
over.
(3) The prohibitions of ORS 471.394 do not
apply solely by reason of the family relationship of a spouse or family member
to a manufacturer or wholesaler if:
(a) The manufacturer or wholesaler is
licensed by the Oregon Liquor Control Commission to sell alcoholic liquor at
wholesale;
(b) The license authorizing sale of
alcoholic liquor at wholesale was first issued before January 1, 1965, and has
been held continuously since that date;
(c) The spouse or family member holds or
seeks a license that authorizes the retail sale of alcoholic liquor for
off-premises consumption only; and
(d) The manufacturer or wholesaler does
not directly or indirectly sell alcoholic liquor to the spouse or family
member.
(4) The prohibitions of ORS 471.394 do not
apply solely by reason of the family relationship of a spouse or family member
to the retail licensee if the manufacturer or wholesaler is licensed by the
commission to sell alcoholic liquor at wholesale and does not directly or
indirectly sell alcoholic liquor to the spouse or family member.
(5) Notwithstanding ORS 471.394, a
manufacturer or wholesaler, and any officer, director or substantial
stockholder of any corporate manufacturer or wholesaler, may hold, directly or
indirectly, an interest in a full or limited on-premises sales licensee,
provided that the interest does not result in exercise of control over, or
participation in the management of, the licensees business or business
decisions, and does not result in exclusion of any competitors brand of
alcoholic liquor.
(6) Notwithstanding ORS 471.394, a full or
limited on-premises sales licensee, and any officer, director or substantial
stockholder of any corporate full or limited on-premises sales licensee, may
hold, directly or indirectly, an interest in a manufacturer or wholesaler,
provided that the interest does not result in exercise of control over, or
participation in the management of, the manufacturers or wholesalers business
or business decisions, and does not result in exclusion of any competitors
brand of alcoholic liquor.
(7) Notwithstanding ORS 471.394, an
institutional investor with a financial interest in a wholesaler or
manufacturer may hold, directly or indirectly, an interest in a retail licensee
unless the institutional investor controls, is controlled by, or is under
common control with, a wholesaler or manufacturer. Notwithstanding ORS 471.394,
an institutional investor with a financial interest in a retail licensee may
hold, directly or indirectly, an interest in a wholesaler or manufacturer
unless the institutional investor controls, is controlled by, or is under
common control with, a retail licensee. The provisions of this subsection apply
only to an institutional investor that is a state or federally chartered bank,
a state or federally chartered mutual savings bank, a mutual fund or pension
fund, or a private investment firm. The principal business activity of the
institutional investor must be the investment of capital provided by
depositors, participants or investors. The institutional investor must maintain
a diversified portfolio of investments. The majority of the institutional
investors investments may not be in businesses that manufacture, distribute or
otherwise sell alcoholic beverages. The institutional investor, and the
officers, directors, substantial shareholders, partners, employees and agents
of the institutional investor, may not participate in management decisions
relating to the sale or purchase of alcoholic beverages made by a licensee in
which the institutional investor holds an interest.
(8) Notwithstanding ORS 471.394, a member
of the board of directors of a parent company of a corporation that is a
manufacturer may serve on the board of directors of a parent company of a
corporation that is a retail licensee if:
(a) The manufacturer or parent company of
a manufacturer is listed on a national security exchange;
(b) All purchases of alcoholic beverages
by the retail licensee are made from holders of wholesale malt beverage and
wine licenses, brewery licenses or winery licenses in this state;
(c) The interest of the member of the
board of directors does not result in the exclusion of any competitors brand
of alcoholic beverages on the licensed premises of the retail licensee; and
(d) The sale of goods and services other
than alcoholic beverages by the retail licensee exceeds 50 percent of the gross
receipts of the business conducted by the retail licensee on the licensed
premises. [1995 c.301 §78; 1997 c.257 §2; 1997 c.803 §4; 1999 c.351 §32; 1999
c.442 §1; 2007 c.134 §2]
471.398
Prohibition of financial assistance from wholesaler to retailer. Except as otherwise specifically provided by
law, a person holding a retail license may not accept directly or indirectly
from a manufacturer or wholesaler, and a manufacturer or wholesaler may not
provide directly or indirectly to the retail licensee, any of the following:
(1) Any substantial gratuities;
(2) Any finances, money, credit, discounts
or rebates;
(3) Any fixtures, furniture or
furnishings;
(4) Any equipment other than advertising
and point of sale material and other items of nominal value supplied to all
retail licensees without discrimination; or
(5) Any services other than the inspection
of equipment, the inspection and rotation of stock, the building of displays
and other services of nominal value incidental to merchandising in the usual
course of business furnished to all retail licensees without discrimination. [1995
c.301 §79; 1997 c.79 §4]
471.400
Exceptions to prohibition of financial assistance; rules. (1) Notwithstanding ORS 471.394 and 471.398,
a manufacturer or wholesaler may lease or furnish picnic pumps, cold plates,
tubs, refrigerated trailers, refrigerated vans and refrigerated draft systems
to a retail licensee if the equipment is leased or furnished for a special
event, if a reasonable rental or service fee is charged for the equipment and
if the period that the equipment is leased or furnished does not exceed 10
days.
(2) Notwithstanding ORS 471.394 and
471.398, the Oregon Liquor Control Commission may specify by rule the manner
and circumstances under which a manufacturer or wholesaler may provide products
and services to a nonprofit special licensee.
(3)(a) Notwithstanding ORS 471.394 and
471.398, the commission shall allow the sale of nonalcoholic products in the
manner in which the nonalcoholic product is sold by a manufacturer or
wholesaler not licensed by the commission. The commission may limit
merchandising practices involving nonalcoholic products if the commission finds
that the limitations are necessary to prevent abuses of ORS 471.394 and 471.398
by the industry as a whole.
(b) Any fixtures, equipment or furnishings
provided by a manufacturer or wholesaler in furtherance of the sale of
nonalcoholic products may not be used by the retail licensee to store, service,
display, advertise, furnish or sell, or aid in the sale of, alcoholic products
regulated by the commission. All such fixtures, equipment or furnishings must
be identified by the retail licensee as being furnished by a licensed manufacturer
or wholesaler. [1995 c.301 §80]
471.401
Exception from tied house prohibition for sale of advertising to arena. (1) Notwithstanding any other provision of
this chapter, a manufacturer or wholesaler of alcoholic liquor may purchase
advertising space and time from a licensee authorized to sell alcoholic liquors
at retail if:
(a) The retail licensee operates an arena
with a fixed seating capacity of more than 10,000 seats;
(b) The advertising space or time is
purchased only in connection with events to be held on the premises of the
arena; and
(c) The retail licensee serves other
brands of distilled liquors, malt beverages, cider or wine in addition to the
brand manufactured or sold by the manufacturer or wholesaler purchasing
advertising space or time.
(2) A purchase of advertising space or
time under the provisions of this section must be made by written agreement. [1995
c.51 §2; 1999 c.351 §71]
471.402
Sample tastings authorized.
The holder of a brewery license issued under ORS 471.220, a winery license
issued under ORS 471.223, a grower sales privilege license issued under ORS
471.227, a brewery-public house license issued under ORS 471.200, a warehouse
license issued under ORS 471.242 or a manufacturer certificate of approval
issued under ORS 471.244 may provide or pay for sample tastings of wine, cider
or malt beverages for the public on premises licensed under a full or limited
on-premises sales license or under an off-premises sales license. [1995 c.58 §4;
1999 c.351 §33]
Note: 471.402 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 471 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
PROHIBITIONS
RELATING TO LIQUOR
471.403
License required to produce alcoholic liquor; exception. (1) No person shall brew, ferment, distill,
blend or rectify any alcoholic liquor unless licensed so to do by the Oregon
Liquor Control Commission. However, the Liquor Control Act does not apply to
the making or keeping of naturally fermented wines and fruit juices or beer in
the home, for home consumption and not for sale.
(2) Notwithstanding subsection (1) of this
section, the holder of a brewery-public house license or a brewery license may
allow patrons to brew malt beverages not to exceed 14 percent alcoholic content
by volume if the brewing is conducted under the direct supervision of the
licensee or employees of the licensee. Malt beverages produced under this
subsection may not be sold by the patron or consumed on the licensed premises.
(3) Notwithstanding subsection (1) of this
section, the holder of a winery license may allow patrons to make wine if the
winemaking is conducted under the direct supervision of the licensee or
employees of the licensee. Wine produced under this subsection may not be sold
by the patron or consumed on the licensed premises. [Formerly 471.205; 2007
c.414 §1]
471.404
Importing liquor without license prohibited; exceptions; fee. (1) No alcoholic liquor shall be imported
into this state by any person not holding a brewery, winery, distillery or
wholesalers license, except as follows:
(a) Alcoholic liquor ordered by and en
route to the Oregon Liquor Control Commission.
(b) Wines for sacramental purposes
according to rules adopted by the commission.
(c) Alcoholic liquor that is in transit on
a common carrier to a destination outside
(d) Alcoholic liquor coming into
(e) Imported alcoholic liquor pursuant to
a permit issued under subsection (2) of this section.
(f) Wine or cider that is sold and
transported by the holder of a wine self-distribution permit to a retail
licensee that has the endorsement described in ORS 471.274 (5).
(g) Wine or cider shipped directly to a
resident of this state under a direct shipper permit issued pursuant to ORS
471.282.
(2) The commission may require importers
of alcoholic liquor to secure a permit for each importation and may charge a
reasonable fee based on quantity and type for the permit. [Formerly 471.335;
2007 c.651 §6; 2007 c.854 §3]
471.405
Prohibited sales, purchases, possession, transportation, importation or
solicitation in general; forfeiture upon conviction. (1) No person shall peddle or deliver
alcoholic beverages to or at any place, where, without a license, alcoholic
beverages are sold or offered for sale. No licensee shall sell or offer for
sale any alcoholic beverage in a manner, or to a person, other than the license
permits the licensee to sell.
(2) No person shall purchase, possess,
transport or import, except for sacramental purposes, an alcoholic beverage
unless it is procured from or through the Oregon Liquor Control Commission,
except as provided otherwise in the Liquor Control Act.
(3) No person not licensed under the
Liquor Control Act shall sell, solicit, take orders for or peddle alcoholic
beverages.
(4) Notwithstanding the provisions of
subsection (2) of this section, an individual entering the state may have in
possession an amount not to exceed four liters (135.2 fluid ounces) of
distilled liquor, two cases of wine or cider (620 fluid ounces) and two cases
of malt beverages (576 fluid ounces). These quantities of alcoholic beverages
are exempt from fees collected by the commission.
(5) Upon conviction for unlawfully
purchasing or importing alcoholic beverages into this state, the person
convicted shall forfeit to the commission the alcoholic beverage so purchased
or imported. The commission shall thereupon seize the forfeited beverage and it
shall then become the commissions property. [Amended by 1953 c.120 §6; 1974
c.4 §5; 1981 c.600 §1; 1985 c.592 §2; 1987 c.608 §11; 1995 c.301 §19; 1999
c.351 §72]
471.406
Activities covered by prohibitions on sale of alcoholic beverages. Any prohibition on the sale of alcoholic
beverages provided for in this chapter includes:
(1) Soliciting orders for alcoholic
beverages or receiving orders for alcoholic beverages.
(2) Keeping alcoholic beverages for sale
or exposing alcoholic beverages for sale.
(3) Delivering alcoholic beverages for
value or in any way other than purely gratuitously.
(4) Peddling alcoholic beverages.
(5) Keeping alcoholic beverages with
intent to sell.
(6) Trafficking in alcoholic beverages.
(7) For any consideration, promised or
obtained, directly or indirectly, or under any pretext or by any means,
procuring alcoholic beverages, or allowing alcoholic beverages to be procured,
for any other person. [1995 c.301 §8 (enacted in lieu of 471.025); 1999 c.351 §57]
471.407
Offer of alcoholic beverages as inducement to make purchases. Except as specifically provided in this
chapter, a person who owns, operates or controls a business establishment that
sells food or beverages for consumption at the establishment or that offers
entertainment to the public for consideration may not provide alcoholic
beverages to members of the public for consumption at the establishment,
without regard to whether the beverages are offered on a purely gratuitous basis,
if:
(1) The alcoholic beverages are offered
for the purpose of inducing members of the public to purchase food or beverages
or to pay for entertainment; and
(2) The person providing the alcoholic
beverages does not hold a license issued under this chapter that authorizes the
retail sale of alcoholic beverages. [1999 c.646 §8; 2001 c.104 §214]
471.408
Alcoholic liquor may not be given as prize; exception. (1) Except as otherwise provided in this
section, alcoholic liquor may not be given as a prize, premium or consideration
for a lottery, contest, game of chance or skill, or competition of any kind.
(2) A charitable, nonprofit corporation
may conduct raffles for wine and arrange for delivery of the wine to the
residence of the person winning a raffle.
(3) A charitable, fraternal or religious
organization may offer alcoholic liquor as a prize, premium or consideration in
a contest of chance described in ORS 167.117 (7)(b) or conducted as part of a
471.410
Providing liquor to person under 21 or to intoxicated person; allowing
consumption by minor on property; mandatory minimum penalties. (1) No person shall sell, give or otherwise
make available any alcoholic liquor to any person who is visibly intoxicated.
(2) No one other than the persons parent
or guardian shall sell, give or otherwise make available any alcoholic liquor
to a person under the age of 21 years. A person violates this subsection who
sells, gives or otherwise makes available alcoholic liquor to a person with the
knowledge that the person to whom the liquor is made available will violate
this subsection.
(3) No person who exercises control over
private real property may knowingly allow any other person under the age of 21
years who is not a child or minor ward of the person to consume alcoholic
liquor on the property, or allow any other person under the age of 21 years who
is not a child or minor ward of the person to remain on the property if the
person under the age of 21 years consumes alcoholic liquor on the property. The
prohibitions of this subsection apply only to a person who is present and in
control of the location at the time the consumption occurs. The prohibitions of
this subsection do not apply to the owner of rental property, or the agent of
an owner of rental property, unless the consumption occurs in the individual
unit in which the owner or agent resides.
(4) A person who violates subsection (1)
or (2) of this section commits a Class A misdemeanor. Upon violation of
subsection (2) of this section, the court shall impose at least a mandatory
minimum sentence as follows:
(a) Upon a first conviction, a fine of
$350.
(b) Upon a second conviction, a fine of
$1,000.
(c) Upon a third or subsequent conviction,
a fine of $1,000 and not less than 30 days of imprisonment.
(5) The court shall not waive or suspend
imposition or execution of the mandatory minimum sentence required by
subsection (4) of this section. In addition to the mandatory sentence the court
may require the violator to make restitution for any damages to property where
the alcoholic liquor was illegally consumed or may require participation in
volunteer service to a community service agency.
(6) The mandatory minimum penalty
provisions of subsection (4) of this section shall not apply to persons
licensed or appointed under the provisions of this chapter.
(7) A person who violates subsection (3)
of this section commits a violation. Upon violation of subsection (3) of this section,
the court shall impose at least a mandatory minimum fine as follows:
(a) Upon a first conviction, a fine of
$350.
(b) Upon a second or subsequent
conviction, a fine of $1,000.
(8) Nothing in this section prohibits any
licensee under this chapter from allowing a person who is visibly intoxicated
from remaining on the licensed premises so long as the person is not sold or
served any alcoholic liquor. [Amended by 1963 c.243 §1; 1971 c.159 §5; 1977
c.458 §1; 1977 c.814 §1; 1983 cor. c.736 §1; 1995 c.301 §40; 1995 c.599 §5;
1995 c.756 §1; 1999 c.351 §58]
471.412
Allowing visibly intoxicated person to consume alcoholic beverages; good faith
effort; effect on other liability; letters of reprimand. (1) No licensee or permittee shall knowingly
allow a person to consume or to continue to consume alcoholic beverages on the
licensed premises after observing that the person is visibly intoxicated.
(2) A licensee or permittee is not in
violation of subsection (1) of this section if the licensee or permittee makes
a good faith effort to remove any unconsumed alcoholic beverages from the
persons possession when the licensee or permittee observes that the person is
visibly intoxicated.
(3) Nothing in this section applies to
determining liability under ORS 471.565.
(4) Notwithstanding any other provision of
law, the Oregon Liquor Control Commission shall only impose letters of
reprimand for the first three violations of this section within a two-year
period. For license renewal purposes, the first three violations of this
section in a two-year period shall not apply in determining the past record of
compliance under ORS 471.313 (4)(g). [1989 c.785 §2; 1995 c.301 §69]
471.415 [Amended by 1955 c.657 §10; 1957 c.297 §1;
repealed by 1995 c.301 §81]
471.417 [1985 c.306 §2; 1989 c.471 §1; repealed by
1995 c.301 §81]
471.420 [Amended by 1959 c.399 §1; 1971 c.680 §2;
repealed by 1979 c.43 §1 and by 1979 c.190 §431]
471.425
Misrepresentations by licensee and others; maintenance of disorderly
establishment. (1) No person
shall make false representations or statements to the Oregon Liquor Control
Commission in order to induce or prevent action by the commission.
(2) No licensee of the commission shall
maintain a noisy, lewd, disorderly or insanitary establishment or supply impure
or otherwise deleterious alcoholic beverages.
(3) No licensee of the commission shall
misrepresent to a customer or to the public any alcoholic liquor sold by such
licensee.
471.430
Purchase or possession of alcoholic beverages by person under 21; entry of
licensed premises by person under 21; community service and suspension of
driving privileges; assessment and treatment. (1) A person under the age of 21 years may not attempt to purchase,
purchase or acquire alcoholic beverages. Except when such minor is in a private
residence accompanied by the parent or guardian of the minor and with such
parents or guardians consent, a person under the age of 21 years may not have
personal possession of alcoholic beverages.
(2) For the purposes of this section,
personal possession of alcoholic beverages includes the acceptance or
consumption of a bottle of such beverages, or any portion thereof or a drink of
such beverages. However, this section does not prohibit the acceptance or
consumption by any person of sacramental wine as part of a religious rite or
service.
(3) Except as authorized by rule or as
necessitated in an emergency, a person under the age of 21 years may not enter
or attempt to enter any portion of a licensed premises that is posted or
otherwise identified as being prohibited to the use of minors.
(4)(a) Except as provided in paragraph (b)
of this subsection, a person who violates subsection (1) or (3) of this section
commits a Class B violation.
(b) A person commits a Class A violation
if the person violates subsection (1) of this section by reason of personal
possession of alcoholic beverages while the person is operating a motor
vehicle, as defined in ORS 801.360.
(5) In addition to and not in lieu of any
other penalty established by law, a person under the age of 21 years who
violates subsection (1) of this section through misrepresentation of age may be
required to perform community service and the court shall order that the persons
driving privileges and right to apply for driving privileges be suspended for a
period not to exceed one year. If a court has issued an order denying driving
privileges under this section, the court, upon petition of the person, may
withdraw the order at any time the court deems appropriate. The court
notification to the Department of Transportation under this subsection may
include a recommendation that the person be granted a hardship permit under ORS
807.240 if the person is otherwise eligible for the permit.
(6) In addition to and not in lieu of any
penalty established by law, the court may order a person who violates this
section to undergo assessment and treatment as provided in ORS 471.432. The
court shall order a person to undergo assessment and treatment as provided in
ORS 471.432 if the person has previously been found to have violated this
section.
(7) The prohibitions of this section do
not apply to a person under the age of 21 years who is acting under the
direction of the Oregon Liquor Control Commission or under the direction of
state or local law enforcement agencies for the purpose of investigating
possible violations of laws prohibiting sales of alcoholic beverages to persons
who are under the age of 21 years.
(8) The prohibitions of this section do
not apply to a person under the age of 21 years who is acting under the
direction of a licensee for the purpose of investigating possible violations by
employees of the licensee of laws prohibiting sales of alcoholic beverages to
persons who are under the age of 21 years. [Amended by 1963 c.243 §2; 1965
c.166 §1; 1971 c.159 §6; 1975 c.493 §1; 1979 c.313 §8; 1991 c.860 §2; 1999
c.646 §1; 1999 c.1051 §186; 2001 c.791 §4; 2007 c.41 §1; 2007 c.298 §1]
471.432
Examination for problem condition involving alcohol upon conviction; treatment
program. When a person is
ordered to undergo assessment and treatment as provided in ORS 471.430, the
court shall require the person to do all of the following:
(1) Pay to the court the fee described
under ORS 813.030 in addition to any fine imposed under ORS 471.430.
(2) Complete an examination by an agency
or organization designated by the court to determine whether the person has a
problem condition involving alcohol as described in ORS 813.040. The designated
agencies or organizations must meet the standards set by the Director of Human
Services to perform the diagnostic assessment and treatment of problem drinking
and alcoholism and must be certified by the Director of Human Services.
(3) Complete a treatment program, paid at
the expense of the person convicted, as follows:
(a) If the examination required under this
section shows that the person has a problem condition involving alcohol, a
program for rehabilitation for alcoholism approved by the Director of Human
Services.
(b) If the examination required by this
section shows that the person does not have a problem condition involving
alcohol, an alcohol information program approved by the Director of Human
Services. [1999 c.646 §2]
Note: 471.432 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 471 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
471.435 [Repealed by 1953 c.120 §6]
471.440
Manufacture, fermentation or possession of mash, wort or wash; establishment or
operation of distillery without license; prima facie evidence. (1) No mash, wort or wash fit for
distillation or for the manufacture of spirituous alcoholic liquors, shall be
made, fermented or possessed within this state by any person who does not at
the time own a distillery license under the Liquor Control Act. This section
does not prevent the possession of mash for the purpose of manufacturing wine,
cider or beer for home consumption as provided for in ORS 471.403.
(2) No distillery shall be set up or
operated in this state for the purpose of manufacturing alcoholic liquor for
beverage purposes except by a person duly licensed under the Liquor Control Act
to operate a distillery. Any device or process which separates alcoholic
spirits from any fermented substance shall be regarded as a distillery. A
distillery is set up when the still is in position over a furnace, or is
connected with a boiler, so that heat may be applied, although the worm or worm
tank is not in position.
(3) The finding of any mash, wort, wash or
distillery in any house, on any premises or within any enclosure, is prima
facie evidence that it was made and fermented by, or set up by, and the
property of, the person who is in possession of such house, premises or
enclosure. [Amended by 1999 c.351 §73]
471.442
Wine compliance with standards.
(1) No wine or cider shall be sold or offered for sale within this state unless
it complies with the minimum standards fixed pursuant to law.
(2) The Oregon Liquor Control Commission
may require a manufacturer, importer or wholesaler to provide samples of a
particular wine or cider, and to provide a laboratory analysis demonstrating to
the satisfaction of the commission that the particular wine or cider complies
with the minimum standards in this state.
(3) No wine or cider offered for sale
within this state may be altered or tampered with in any way by any person not
licensed to do so by the commission.
(4) The commission may prohibit the sale
of any wine or cider for a reasonable period of time while it is determining
whether the wine or cider complies with minimum standards in this state. [Formerly
471.340]
471.445
Use of misleading mark or label on container; mixing liquors. (1) No licensee shall use or allow the use
of any mark or label on the container of alcoholic liquor which is kept for
sale, if the container does not precisely and clearly indicate the nature of
its contents or in any way might deceive any customer as to the nature,
composition, quantity, age or quality of such liquor.
(2) No licensee other than a winery
licensee may mix or permit the mixing of any alcoholic liquor which the
licensee is authorized to sell with any other alcoholic liquor which the
licensee is not authorized by license to sell.
471.446
Seals on wine and cider containers; improper labeling; injurious or adulterated
ingredients. (1) No retail
licensee shall purchase any wine or cider for resale except in sealed
containers, the seals of which shall remain unbroken when it is sold for
consumption off the premises.
(2) The Oregon Liquor Control Commission
may refuse to sell, or may prohibit any licensee from selling, any brand of
alcoholic liquor which in its judgment is deceptively labeled or branded as to
content, or contains injurious or adulterated ingredients. [Formerly 471.345]
471.448
471.450 [Repealed by 1971 c.116 §1]
471.452 [Amended by 1979 c.264 §8; 1989 c.178 §6;
1989 c.740 §4; 1989 c.785 §12; repealed by 1995 c.301 §81]
471.455 [Amended by 1957 c.297 §2; 1979 c.881 §4; 1981
c.80 §1; repealed by 1995 c.301 §81]
471.456 [1979 c.881 §7; 1987 c.511 §3; repealed by
1995 c.301 §81]
471.457 [1965 c.277 §1; repealed by 1995 c.301 §81]
471.460 [Amended by 1981 c.80 §2; repealed by 1995
c.301 §81]
471.463 [1965 c.277 §2; repealed by 1995 c.301 §81]
471.465 [Amended by 1955 c.657 §11; 1957 c.297 §3;
1981 c.435 §1; 1987 c.501 §1; repealed by 1995 c.301 §81]
471.470 [Amended by 1957 c.297 §4; repealed by 1995
c.301 §81]
471.475
Mixing, storing or serving of liquor without license. No person who owns, operates or conducts a
private or public club or place and who is not in possession of a license
issued by the Oregon Liquor Control Commission permitting the mixing, storing
and serving of alcoholic liquor at said premises, and no agent, servant or
employee of such person, for a financial consideration by way of a charge for
service, membership fee, admission fee, initiation fee, club dues,
contributions, or other fee or charge, shall serve or permit to be served, or
use or permit to be used, any room, place, bar, glasses, mixers, locker,
storage place, chairs, tables, cash registers, music devices, furniture,
furnishings, equipment or facilities, for the mixing, storing, serving or
drinking of alcoholic liquor.
471.478
(1) The Oregon Liquor Control Commission
by rule shall require the identification of kegs of malt beverages sold
directly to consumers who are not licensees of the commission and the signing
of a receipt therefor by the purchaser in order to allow the kegs to be traced
if the contents are consumed in violation of the Liquor Control Act. The keg
identification shall be in the form of a numbered label prescribed and supplied
by the commission which identifies the seller and which is removable or
obliterated when the keg is processed for refilling. The receipt shall be on a
form prescribed and supplied by the commission and shall include the name and
address of the purchaser; motor vehicle operators license number, if any; the
automobile registration of the motor vehicle in which the keg was removed from
the sellers premises, if any; and such other identification as the commission
by rule may require. The receipt shall contain a statement that must be signed
by the purchaser that, under penalty of false swearing, the purchaser will not
allow consumption of any malt beverage in the keg in violation of ORS 471.410.
A copy of the receipt shall be given to the purchaser and the seller shall retain
the original receipt for such period as the commission by rule may require.
(2) Possession of a keg containing malt
beverages which is not identified as required by subsection (1) of this section
is a Class A misdemeanor.
(3) A person who signs a receipt described
in subsection (1) of this section in order to obtain a keg, knowing the receipt
to be false, or who falsifies any information required on the receipt, is
guilty of false swearing as prescribed by ORS 162.075.
(4) As used in this section, keg means
any brewery-sealed, individual container of malt beverage having a liquid
capacity of more than seven gallons. [1977 c.551 §2; 1997 c.249 §173]
471.480
(2) Any employee 18 years of age or older
of a person who holds a wholesale malt beverage and wine license from the
Oregon Liquor Control Commission may assist the licensee in the delivery of any
alcoholic liquor authorized by such license. [1971 c.490 §1; 1985 c.378 §2;
1999 c.351 §34]
471.482
(2) A person who is 18, 19 or 20 years of
age may enter areas classified by the commission as being prohibited to the use
of minors only for the purpose of ordering and picking up alcoholic liquor for
service in other parts of the premises. However, the person shall not remain in
the areas longer than is necessary to perform those duties.
(3) The commission by rule may permit
access to prohibited areas by any minor for nonalcoholic liquor employment
purposes as long as the minor does not remain longer than is necessary to
perform the duties. [1981 c.610 §2; 1993 c.128 §2; 1995 c.301 §70; 1999 c.351 §59]
471.485
Payment required on or before delivery of liquor. No wholesale licensee or agent or employee
thereof shall sell or deliver, nor shall any retail licensee purchase or
receive any malt beverages, cider or wine for currency on delivery, but such
malt beverages, cider or wine shall be paid for prior to delivery thereof, by
electronic fund transfer initiated on or before the date of delivery, or by
valid check, order, negotiable instrument or voucher payable on the date of
delivery. The wholesale licensee may accept cash at the time of delivery if
such acceptance does not create or increase the licensees, or the agents or
employees of the licensee, exposure to or risk of being victimized by criminal
activity. [1971 c.694 §2; 1995 c.525 §1; 1999 c.351 §74]
471.490
Delivery or acceptance of instrument drawn upon insufficient funds or not
payable according to terms; use of credit. No retail licensee shall deliver any check, order, negotiable
instrument or voucher in payment for malt beverages, cider or wine, knowing at
the time of such delivery that the maker or drawer has not sufficient funds in
the bank or depository to pay the instrument on presentation, nor shall any
wholesale licensee accept any such instrument knowing that said instrument is
not payable according to its terms, or that there are not sufficient funds to
pay such instrument on presentation. Any extension or acceptance of credit
under this section shall constitute a violation of ORS 471.398. [1971 c.694 §3;
1995 c.301 §85; 1999 c.351 §75]
471.495
Report by wholesaler of instruments not paid on presentment required. Any wholesale licensee who receives a check,
order, negotiable instrument or voucher in payment for malt beverages, cider or
wine, who receives an instrument from a retail licensee which, upon
presentation, is not paid by the party on whom it is drawn, shall report such
fact forthwith to the Oregon Liquor Control Commission. [1971 c.694 §4; 1999
c.351 §76]
471.500
Application of ORS 471.485 to 471.495. The provisions of ORS 471.485, 471.490 and 471.495 shall not apply to
any common carrier licensed by the Oregon Liquor Control Commission. [1971
c.694 §5; 1995 c.301 §41]
471.501
Brewery or brewery-public house authorized to pay bottle refund in excess of five
cents. Nothing in this
chapter prevents a brewery licensed under ORS 471.220 or a brewery-public house
licensed under ORS 471.200 from establishing a refund value for malt beverage
containers under the provisions of ORS 459A.705 that is in excess of five cents
per container for the purpose of encouraging purchasers to return the
containers directly to the brewery or brewery-public house. A refund value in
excess of five cents per container may be paid under this section only to
persons who are not licensed under this chapter and who return the containers
directly to the brewery or brewery-public house. [1997 c.803 §10; 1999 c.351 §60]
471.502 [1981 c.917 §2; renumbered 474.105 in 1989]
471.503 [1981 c.917 §3; renumbered 474.115 in 1989]
471.505 [Repealed by 1983 c.350 §276 (471.506
enacted in lieu of 471.505)]
LOCAL OPTION
471.506
Petition and election for local option. (1) The governing body of a city or a county, when a petition is filed
as provided in this section, shall order an election on the question whether
the sale, for beverage purposes, of alcoholic liquors of any of the classes
described in this section shall be prohibited in the city or county. The
classes of alcoholic liquor to which this section applies are:
(a) Alcoholic liquors containing more than
five percent alcohol by volume;
(b) Alcoholic liquors containing more than
14 percent alcohol by volume; and
(c) All alcoholic liquors.
(2) Except as provided in subsections (3),
(4) and (5) of this section, the requirements for preparing, circulating and
filing a petition under this section:
(a) In the case of a city, shall be as
provided for an initiative petition under ORS 250.265 to 250.346.
(b) In the case of a county, shall be as
provided for an initiative petition under ORS 250.165 to 250.235.
(3) A petition under subsection (2) of
this section:
(a) Must be filed not less than 60 days
before the day of the election;
(b) Must specify whether the prohibition
would apply to the sale of all alcoholic liquors or only to alcoholic liquors
containing more than five percent alcohol by volume or more than 14 percent
alcohol by volume; and
(c) Must be signed by not less than 10
percent of the electors registered in the city or county.
(4) If ORS 250.155 makes ORS 250.165 to
250.235 inapplicable to a county or if ORS 250.255 makes ORS 250.265 to 250.346
inapplicable to a city, the requirements for preparing, circulating and filing
a petition under this section shall be as provided for an initiative petition
under the county or city charter or an ordinance adopted under the county or
city charter.
(5) No signature is valid unless signed
within 180 days before the petition is filed.
(6) An election under this section shall
be held at the time of the next statewide general election.
(7) An election under this section shall
be conducted under ORS chapters 246 to 260. [1983 c.350 §277 (471.506 enacted
in lieu of 471.505); 1995 c.301 §87]
471.510
Sales not affected by local option laws. ORS 471.506 shall not prohibit the sale of pure alcohol for scientific
or manufacturing purposes, or of wines to church officials for sacramental
purposes, nor shall it prevent any person residing in the county or city from
ordering and having delivered to the home of the person, for the personal use
of self and family, alcoholic liquors purchased from the Oregon Liquor Control
Commission or from persons duly licensed to sell them under the Liquor Control
Act. [Amended by 1999 c.351 §35]
471.515
Effective date of local option.
In each county or city that returns a majority vote for or against prohibition,
as to any classes of alcoholic liquor, the law shall take effect on January 1
following the day of election. [Amended by 1983 c.350 §278]
471.520 [Amended by 1979 c.190 §422; repealed by
1983 c.350 §331a]
471.525 [Repealed by 1983 c.350 §331a]
471.530 [Amended by 1957 c.231 §1; repealed by 1983
c.350 §331a]
471.535 [Repealed by 1983 c.350 §331a]
471.540 [Amended by 1983 c.83 §93; repealed by 1983
c.350 §331a]
ALCOHOL EDUCATION
PROGRAM
471.541
Alcohol Education Program.
The Oregon Liquor Control Commission shall establish an Alcohol Education
Program. The Alcohol Education Program shall consist of all the duties of the
commission in administering clerk training courses under ORS 471.341 and alcohol
server education courses under ORS 471.542. [2001 c.785 §14]
471.542
Alcohol server education course required; content; fees; how course provided;
rules. (1) Except as
provided in subsection (2) of this section, the Oregon Liquor Control
Commission shall require a person applying for issuance or renewal of a server
permit or any license that authorizes the sale or service of alcoholic
beverages for consumption on the premises to complete an approved alcohol
server education course and examination as a condition of the issuance or
renewal of the permit or license.
(2) A person applying for issuance or
renewal of a license that authorizes the sale or service of alcoholic beverages
for consumption on the premises need not complete an approved alcohol server
education course and examination as a condition of the issuance or renewal of
the license if:
(a) The license has been restricted by the
commission to prohibit sale or service of alcoholic beverages for consumption
on the premises; or
(b) The person applying for issuance or
renewal of the license submits a sworn statement to the commission stating that
the person will not engage in sale or service of alcoholic beverages for
consumption on the premises, will not directly supervise or manage persons who
sell or serve alcoholic beverages on the premises, and will not participate in
establishing policies governing the sale or service of alcoholic beverages on
the premises.
(3) The commission by rule shall establish
requirements that licensees and permittees must comply with as a condition of
requalifying for a license or permit. The licensee or permittee must comply
with those requirements once every five years after completing the initial
alcohol server education course and examination. The requirements established
by the commission may include retaking the alcohol server education course and
examination.
(4) The commission may extend the time
periods established by this section upon a showing of hardship. The commission
by rule may exempt a licensee from the requirements of this section if the
licensee does not participate in the management of the business.
(5) The standards and curriculum of
alcohol server education courses shall include but not be limited to the
following:
(a) Alcohol as a drug and its effects on
the body and behavior, especially driving ability.
(b) Effects of alcohol in combination with
commonly used legal, prescription or nonprescription, drugs and illegal drugs.
(c) Recognizing the problem drinker and
community treatment programs and agencies.
(d) State alcohol beverage laws such as
prohibition of sale to minors and sale to intoxicated persons, sale for
on-premises or off-premises consumption, hours of operation and penalties for
violation of the laws.
(e) Drunk driving laws and liquor
liability statutes.
(f) Intervention with the problem customer
including ways to cut off service, ways to deal with the belligerent customer
and alternative means of transportation to get the customer safely home.
(g) Advertising and marketing for safe and
responsible drinking patterns and standard operating procedures for dealing
with customers.
(6) The commission shall impose a fee not
to exceed $2.60 a year for each license subject to the alcohol server education
requirement, and a fee not to exceed $13 for each service permit application.
These fees shall be used for administrative costs of the Alcohol Education
Program established under ORS 471.541 and shall be in addition to any other
license or permit fees required by law or rule.
(7) The commission shall adopt rules to
impose reasonable fees for administrative costs on alcohol server education
course instructors and providers.
(8) The commission shall provide alcohol
server education courses and examinations through independent contractors,
private persons or private or public schools certified by the commission. The
commission shall adopt rules governing the manner in which alcohol server
education courses and examinations are made available to persons required to
take the course. In adopting rules under this subsection, the commission shall
consider alternative means of providing courses, including but not limited to
providing courses through audiotapes, videotapes, the Internet and other
electronic media. [1985 c.658 §§2,3; 1987 c.851 §3; 1989 c.120 §6; 1989 c.178 §7;
1989 c.271 §1; 1997 c.803 §7; 1999 c.351 §36; 1999 c.1062 §8; 2001 c.785 §16]
471.545 [Repealed by 1983 c.350 §331a]
471.547
Alcohol Server Education Advisory Committee; members; duties. The Oregon Liquor Control Commission shall
establish an Alcohol Server Education Advisory Committee consisting of persons
representing the commission, the Oregon State Police, the Oregon District
Attorneys Association, the Department of Human Services, the Department of
Transportation, at least one person who is a service permittee under ORS
471.360, a nonprofit organization the purpose of which is to reduce the
incidence of drunk driving, and not more than three associations representing
retail licensees and two associations representing insurance companies to
assist in:
(1) The development of the standards,
curriculum and materials for the alcohol server education courses required
under ORS 471.542;
(2) The examination required by ORS
471.542, and procedures for administering that examination;
(3) The certification procedures,
enforcement policies and penalties for alcohol server education course
instructors and providers; and
(4) The development of time requirements
for completion of an alcohol server education course and examination and
conditions for probationary extension. [1985 c.658 §1; 1987 c.679 §1; 1991 c.67
§143; 1991 c.453 §3; 2001 c.785 §17]
471.549
Civil penalty. In addition
to such other sanctions as may be authorized by law, the Oregon Liquor Control
Commission may impose a civil penalty not to exceed $1,000 against any alcohol
server education course instructor or provider who violates a rule promulgated
by the commission pursuant to ORS 471.542. The civil penalty may be in addition
to or in lieu of any suspension, revocation or cancellation of the
certification of an alcohol server education course instructor or provider. [1991
c.61 §4; 2001 c.785 §18]
471.550 [Repealed by 1983 c.350 §331a]
WARNING SIGNS
RELATED TO ALCOHOL AND PREGNANCY
471.551
Warning signs required; contents; size; display. (1) Any person in possession of a valid
retail liquor license, who sells liquor by the drink for consumption on the
premises or sells for consumption off the premises, shall post a sign informing
the public of the effects of alcohol consumption during pregnancy.
(2) The sign shall:
(a) Contain the message: Pregnancy and
alcohol do not mix. Drinking alcoholic beverages, including wine, coolers
and beer, during pregnancy can cause birth defects.
(b) Be either:
(A) A large sign, no smaller than eight
and one-half inches by 11 inches in size with lettering no smaller than
five-eighths of an inch in height; or
(B) A reduced sign, five by seven inches
in size with lettering of the same proportion as the large sign described in paragraph
(a) of this subsection.
(c) Contain a graphic depiction of the
message to assist nonreaders in understanding the message. The depiction of a
pregnant female shall be universal and shall not reflect a specific race or
culture.
(d) Be in English unless a significant
number of the patrons of the retail premises use a language other than English
as a primary language. In such cases, the sign shall be worded in both English
and the primary language or languages of the patrons.
(e) Be displayed on the premises of all
licensed retail liquor premises as either a large sign at the point of entry,
or a reduced sized sign at points of sale.
(3) The person described in subsection (1)
of this section shall be encouraged to also post signs of any size at places
where alcoholic beverages are displayed.
(4) Notwithstanding ORS 471.561, the
holder of a retail liquor license may produce the sign required by this section
insofar as the sign is consistent with the standards established pursuant to
this section, ORS 616.286 and 624.060 and the Oregon Liquor Control Commission,
and is displayed in accordance with subsection (2)(e) of this section. [1991
c.324 §2; 1995 c.301 §42]
471.553
Consultation with certain groups on production and posting of signs. The Oregon Liquor Control Commission shall
consult with representatives of business and industry as well as interested
citizens groups, including the March of Dimes and the Junior League, to
determine the most cost-effective, convenient method to produce and post the
sign described in ORS 471.551, which shall be distributed by the commission. [1991
c.324 §3]
471.555 [Repealed by 1957 c.231 §2 (471.556 enacted
in lieu of 471.555)]
471.556 [1957 c.231 §3 (enacted in lieu of 471.555);
1979 c.190 §423; repealed by 1983 c.350 §331a]
471.557
Solicitation of private funds.
The Oregon Liquor Control Commission may solicit private funds, if necessary,
to produce and distribute the signs. [1991 c.324 §4]
471.559
Violations; penalty. (1) If
no warning sign is posted:
(a) The Oregon Liquor Control Commission
shall furnish a warning sign.
(b) The retailer shall have five days from
the receipt of the warning sign to post it appropriately.
(2) If there is a violation of this
section or of ORS 471.551, the violator shall be subject to:
(a) A written warning from the commission
for the first violation accompanied by a copy of the sign.
(b) A fine of not to exceed $25 payable to
the commission for a second violation.
(c) A fine of not to exceed $25 for the
third and subsequent violations for each day the sign is not posted.
(3) The fine imposed under subsection (2)
of this section shall be separate from any other sanction or penalty imposed by
the commission and shall not be used in any progressive violation schedule.
(4) The penalty provided by this section
shall be the sole penalty for violation of this section or ORS 471.551 or the
rules adopted under section 1, chapter 324, Oregon Laws 1991.
(5) Violation of this section or ORS
471.551 or the rules adopted under section 1, chapter 324, Oregon Laws 1991,
shall not be grounds for refusal to issue a license, cancellation of a license
or suspension of a license issued under this chapter.
(6) Nothing in this section or ORS 471.551
or the rules adopted under section 1, chapter 324, Oregon Laws 1991, creates
any new cause of action or any private right of any person. [1991 c.324 §5]
471.560 [Repealed by 1983 c.350 §331a]
471.561
Production and distribution of signs. By June 30, 1992, the Oregon Liquor Control Commission shall produce
and complete distribution of the warning signs, free of charge, to all holders
of retail liquor licenses. The commission shall produce and distribute
additional signs as liquor licenses are granted. [1991 c.324 §9]
LIABILITY FOR
PROVIDING OR SERVING ALCOHOLIC BEVERAGES TO INTOXICATED PERSON OR MINOR
471.565
Liability for providing or serving alcoholic beverages to intoxicated person;
notice of claim. (1) A
patron or guest who voluntarily consumes alcoholic beverages served by a person
licensed by the Oregon Liquor Control Commission, a person holding a permit
issued by the commission or a social host does not have a cause of action,
based on statute or common law, against the person serving the alcoholic
beverages, even though the alcoholic beverages are served to the patron or
guest while the patron or guest is visibly intoxicated. The provisions of this
subsection apply only to claims for relief based on injury, death or damages
caused by intoxication and do not apply to claims for relief based on injury,
death or damages caused by negligent or intentional acts other than the service
of alcoholic beverages to a visibly intoxicated patron or guest.
(2) A person licensed by the Oregon Liquor
Control Commission, person holding a permit issued by the commission or social
host is not liable for damages caused by intoxicated patrons or guests unless
the plaintiff proves by clear and convincing evidence that:
(a) The licensee, permittee or social host
served or provided alcoholic beverages to the patron or guest while the patron
or guest was visibly intoxicated; and
(b) The plaintiff did not substantially
contribute to the intoxication of the patron or guest by:
(A) Providing or furnishing alcoholic
beverages to the patron or guest;
(B) Encouraging the patron or guest to
consume or purchase alcoholic beverages or in any other manner; or
(C) Facilitating the consumption of
alcoholic beverages by the patron or guest in any manner.
(3) Except as provided in subsection (4)
of this section, an action for damages caused by intoxicated patrons or guests
off the premises of a person licensed by the Oregon Liquor Control Commission,
a person holding a permit issued by the commission or a social host may be
brought only if the person asserting the claim has given the licensee,
permittee or social host the notice required by subsection (5) of this section
within the following time periods:
(a) If a claim is made for damages arising
out of wrongful death, notice must be given within one year after the date of death,
or within one year after the date that the person asserting the claim discovers
or reasonably should have discovered the existence of a claim under this
section, whichever is later.
(b) If a claim is made for damages for
injuries other than wrongful death, notice must be given within 180 days after
the injury occurs, or within 180 days after the person asserting the claim
discovers or reasonably should have discovered the existence of a claim under
this section, whichever is later.
(4) The time provided for the giving of
notice under subsection (3) of this section does not include any period during
which:
(a) The claimant is under 18 years of age;
(b) The claimant is unable to give notice
by reason of the injury or by reason of being financially incapable, as defined
in ORS 125.005, or is incapacitated, as defined in ORS 125.005; or
(c) The claimant is unable to determine
that the licensee, permittee or social host is liable because the patron or
guest who caused the damages asserts a right against self-incrimination and
cannot be compelled to reveal the identity of the licensee, permittee or social
host, or cannot be compelled to reveal facts that would establish the liability
of the licensee, permittee or social host.
(5) A licensee, permittee or social host
shall be considered to have been given notice for the purposes of this section
if:
(a) The licensee, permittee or social host
is given formal notice in the manner specified in subsection (6) of this
section;
(b) The licensee, permittee or social host
receives actual notice as described in subsection (7) of this section;
(c) An action is commenced by or on behalf
of the claimant within the period of time specified by subsections (3) and (4)
of this section; or
(d) Any payment on the claim is made to
the claimant by or on behalf of the licensee, permittee or social host.
(6) Formal notice of a claim subject to
this section must be in writing, must be mailed to the licensee, permittee or
social host, or personally served on the licensee, permittee or social host,
and must contain all of the following:
(a) A statement that a claim for damages
is made against the licensee, permittee or social host.
(b) A description of the time, place and
circumstances giving rise to the claim, so far as known to the claimant.
(c) The name of the claimant and mailing
address for the claimant to which correspondence regarding the claim may be
mailed.
(7) For the purposes of this section, actual
notice means any communication to a licensee, permittee or social host that
gives the licensee, permittee or social host actual knowledge of the time,
place and circumstances of the claim, if the communication is such that a
reasonable person would conclude that a particular person intends to assert a
claim against the licensee, permittee or social host. [Formerly 30.950]
Note: 471.565 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 471 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
471.567
Liability for providing alcoholic beverages to minor; liability of minor for
misrepresentation of age.
(1) Notwithstanding ORS 471.130 and 471.565, no licensee, permittee or social
host shall be liable to third persons injured by or through persons under the
age of 21 years who obtained alcoholic beverages from the licensee, permittee
or social host unless it is demonstrated that a reasonable person would have
determined that identification should have been requested or that the
identification exhibited was altered or did not accurately describe the person
to whom the alcoholic liquor was sold or served.
(2) A person who is under 21 but at least
18 years of age and who through misrepresentation of age causes an Oregon Liquor
Control Commission licensee to be fined or have a license suspended or revoked
shall be civilly liable for damages sustained by the licensee. The court may
award reasonable attorney fees to the prevailing party in an action under this
subsection.
(3) Subsection (2) of this section does
not apply to a person under the age of 21 years who is acting under the
direction of the Oregon Liquor Control Commission or under the direction of
state or local law enforcement agencies for the purpose of investigating
possible violations of laws prohibiting sales of alcoholic beverages to persons
who are under the age of 21 years.
(4) Subsection (2) of this section does
not apply to a person under the age of 21 years who is acting under the
direction of a licensee for the purpose of investigating possible violations by
employees of the licensee of laws prohibiting sales of alcoholic beverages to
persons who are under the age of 21 years. [Formerly 30.960]
Note: 471.567 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 471 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
ENFORCEMENT OF
LIQUOR LAWS
471.605
Duty of officers to enforce and to inform district attorney. The state police, sheriffs, constables and
all police officers within the State of
471.610
Confiscation of liquor and property by commission. Whenever any officer arrests any person for
violation of the Liquor Control Act, the officer may take into possession all
alcoholic liquor and other property which the person so arrested has in
possession, or on the premises, which is apparently being used in violation of
that statute. If the person so arrested is convicted, and it is found that the
liquor and other property has been used in violation of the law, the same shall
be forfeited to the Oregon Liquor Control Commission, and shall be delivered by
the court or officer to the commission. The commission is authorized to destroy
or make such other disposition thereof as it considers to be in the public
interest. In any such case, all alcoholic liquor purchased or acquired from any
source, and all property, including bars, glasses, mixers, lockers, chairs,
tables, cash registers, music devices, gambling devices, furniture,
furnishings, equipment and facilities for the mixing, storing, serving or
drinking of alcoholic liquor shall be confiscated and forfeited to the state,
and the clear proceeds shall be deposited with the State Treasury in the Common
School Fund in the manner provided in this section. [Amended by 1981 c.601 §1;
1987 c.858 §5]
471.615
Duty to notify commission of conviction of licensee. The county courts, district attorneys and
municipal authorities, immediately upon the conviction of any licensee of the
Oregon Liquor Control Commission of a violation of any provision of the Liquor
Control Act or the violation of any other law of this state or ordinance of any
municipality therein, in which violation alcoholic liquor had any part, shall
notify the commission thereof. Such officials shall notify the commission of
any acts, practices or other conduct of any such licensee which may be
subversive of the general welfare or contrary to the spirit of the Liquor
Control Act and shall recommend such action on the part of the commission as
will remove the evil.
471.620
Property and places as common nuisances. Any room, house, building, boat, structure or place of any kind where
alcoholic liquor is sold, manufactured, bartered or given away in violation of
the law, or where persons are permitted to resort for the purpose of drinking
alcoholic beverages in violation of the law, or any place where such beverages
are kept for sale, barter or gift in violation of the law, and all liquor or
property subject to confiscation under ORS 471.610 kept and used in such place
is a common nuisance. Any person who maintains or assists in maintaining such
common nuisance or knowingly suffers or permits such nuisance to exist in any
place of which the person is the owner, manager or lessor, shall be guilty of a
violation of the Liquor Control Act.
471.625
Lien on place used to unlawfully handle liquor. If it is proved that the owner of any
building or premises knowingly has suffered the same to be used or occupied for
the manufacture, sale or possession of alcoholic beverages, contrary to the
provisions of the Liquor Control Act, such building or premises are subject to
a lien for, and may be sold to pay all fines and costs assessed against their
occupants for any violation of that statute. The lien shall be enforced
immediately by civil action in any court having jurisdiction, by the district
attorney of the county wherein the building or premises are located.
471.630
Authority to abate nuisance.
The Attorney General, the Oregon Liquor Control Commission or its
administrators, or the district attorney of the county wherein a nuisance as
defined in ORS 471.620 exists, or where it has existed but has temporarily
ceased and there is good and sufficient cause to believe that it will be maintained
in the future, may institute an action in the circuit court for such county in
the name of the state to abate, and to temporarily and permanently enjoin, such
nuisance. The court has the right to make temporary and final orders as in
other injunction proceedings. The plaintiff shall not be required to give bond
in such action. [Amended by 1979 c.284 §155]
471.635
Issuance of restraining order.
(1) After a suit is commenced under ORS 471.630, application for a temporary
injunction may be made to the court, which shall grant a hearing thereon within
10 days. Where such application has been made, the court, on application of the
plaintiff, may issue an ex parte order restraining the defendants and all other
persons from removing or in any manner interfering with the personal property
and the contents of the room, house, building, boat, structure or place of any
kind where the nuisance is alleged to exist, until the decision of the court
granting or refusing such temporary injunction and until the further order of
the court.
(2) This section and ORS 471.640 to
471.655 shall not interfere with the duties of officers as provided in ORS
471.605 and 471.610.
471.640
Service of restraining order.
The restraining order may be served by delivering a copy to any person in
charge of such place or residing therein, or by posting a copy thereof in a
conspicuous place at or upon one or more of the principal doors or entrances to
such place. The officer serving the order may enter such place and forthwith
shall make and return to the court an inventory of the personal property and
contents situated in and used in conducting or maintaining such nuisance. Any
violation, of the order or mutilation or removal of the order so posted shall
be a contempt of court, if the posted order contains a notice to that effect.
471.645
Temporary injunction. If a
temporary injunction is granted, the court may issue further restraining orders
as described in ORS 471.635; and forthwith may issue an order closing such
place against its use for any purpose until the final decision, or the court
may allow such place to be occupied or used during the pendency of the
injunction proceedings by requiring the defendants to furnish an irrevocable
letter of credit issued by an insured institution as defined in ORS 706.008 or
a bond with sufficient surety, to be approved by the court, in the penal sum of
not less than $2,500, payable to the state. The bond or letter of credit shall
be conditioned that alcoholic liquor will not be manufactured, possessed, sold,
served, bartered, or given away, or furnished, or otherwise disposed of thereon
or therein, or kept thereon or therein with the intent to sell, barter, serve,
or give away, or otherwise dispose of alcoholic liquor contrary to law, and
that the defendants will pay all fines, costs and damages assessed against them
for any violation of such conditions. The State of
471.650
Nature of permanent injunction.
If a judgment against the defendants is granted, the court shall order that the
place constituting the nuisance be closed for a period not exceeding two years,
or closed for a part of said time, and until the owner, lessee, tenant or
occupant thereof gives a bond or letter of credit identical to the bond or
letter of credit required under ORS 471.645. If any condition of the bond or
letter of credit is violated, the whole amount may be recovered as a penalty
for the use of the county wherein the premises are situated. In any such suit
process to nonresident defendants may be served by publication in a newspaper
of general circulation in the county having jurisdiction of the injunction
proceedings. Notice shall be published once each week for two consecutive weeks
or for such time as the court, by order, may prescribe. [Amended by 1991 c.331 §70;
2003 c.576 §462]
471.655
Owner may defend; evidence concerning nuisance. (1) The owner of any property closed or
restrained, or to be closed or restrained, may appear at any time between the
filing of the complaint and the trial and show cause why the court should
cancel or refrain from issuing any judgment orders as against the owner. In
order to obtain such relief, the owner must prove to the satisfaction of the
court that the owner is the lawful owner of the property and, further, that
with reasonable care and diligence the owner could not have known of the
illegal use of the owners property.
(2) Evidence of the general reputation of
the premises upon which a nuisance is alleged to exist is admissible in
evidence for the purpose of proving the existence of the nuisance, and of
knowledge of, and of acquiescence and participation therein, on the part of
persons charged with maintaining or assisting in the maintenance of a nuisance.
[Amended by 2003 c.576 §463]
471.657
Confiscation and forfeiture for violation of ORS 471.475. Upon conviction for violation of ORS
471.475, the premises upon which the violation has occurred shall be declared
to be a common nuisance and subject to abatement proceedings as provided by ORS
471.605 to 471.655. Any person who knowingly suffers or permits such nuisance
to exist or be kept or maintained in a private or public club or place of which
the person is the owner, manager or lessor, may be a party defendant to such
abatement proceedings. In any such case, upon conviction, all alcoholic liquor,
whether purchased or acquired from any other source, and all property,
including bars, glasses, mixers, lockers, chairs, tables, cash registers, music
devices, gambling devices, and all facilities for the mixing, storing, serving
or drinking of alcoholic liquor shall be declared to be a common nuisance and
shall be subject to confiscation and forfeiture as provided for by ORS 471.610.
No claim of ownership or of any right, title, or interest in or to any of the
personal property enumerated in this section or ORS 471.475 shall be held valid
unless claimant shows to the satisfaction of the court that claimant is in good
faith the owner of the claim and had no knowledge that the personal property
was used in violation of ORS 471.475.
471.660
Seizure of conveyance transporting liquor and liquor therein; notice to owner;
return of conveyance; costs.
(1) When any peace officer discovers any person in the act of transporting alcoholic
liquors in violation of law, in or upon any vehicle, boat or aircraft, or
conveyance of any kind, the officer may seize any alcoholic liquor found
therein, take possession of the vehicle or conveyance and arrest any person in
charge thereof.
(2) The officer shall at once proceed
against the person arrested, under the Liquor Control Act, in any court having
competent jurisdiction, and shall deliver the vehicle or conveyance to the
sheriff of the county in which such seizure was made.
(3) If the person arrested is the owner of
the vehicle or conveyance seized, it shall be returned to the owner upon
execution by the owner of a good and valid bond, with sufficient sureties in a
sum double the value of the property, approved by the court and conditioned to
return the property to the custody of the sheriff at a time to be specified by
the court.
(4) If the person arrested is not the
owner of the vehicle or conveyance seized, the sheriff shall make reasonable
effort to determine the name and address of the owner. If the sheriff is able
to determine the name and address of the owner, the sheriff shall immediately
notify the owner by registered or certified mail of the seizure and of the
owners rights and duties under this section and ORS 471.666.
(5) A person notified under subsection (4)
of this section, or any other person asserting a claim to rightful possession
of the vehicle or conveyance seized, except the defendant, may move the court
having ultimate trial jurisdiction over any crime charged in connection with
the seizure to return the vehicle or conveyance to the movant.
(6) The movant shall serve a copy of the
motion upon the district attorney of the county in which the vehicle or
conveyance is in custody. The court shall order the vehicle or conveyance
returned to the movant, unless the court is satisfied by clear and convincing
evidence that the movant knowingly consented to the unlawful use that resulted
in the seizure. If the court does not order the return of the vehicle or
conveyance, the movant shall obtain the return only as provided in subsection
(3) of this section.
(7) If the court orders the return of the
vehicle or conveyance to the movant, the movant shall not be liable for any
towing or storage costs incurred as a result of the seizure.
(8) If the court does not order the return
of the vehicle or conveyance under subsection (6) of this section, and the
arrested person is convicted for any offense in connection with the seizure,
the vehicle or conveyance shall be subject to forfeiture as provided in ORS
471.666. [Amended by 1973 c.836 §351; 1981 c.601 §2]
471.665 [Amended by 1971 c.743 §374a; 1973 c.836 §352;
1977 c.745 §40; 1993 c.741 §66; repealed by 1997 c.592 §6 (471.666 enacted in
lieu of 471.665)]
471.666
Disposal of seized liquor and of vehicle or other conveyance. (1) The court, upon conviction of the person
arrested under ORS 471.660, shall order the alcoholic liquor delivered to the
Oregon Liquor Control Commission, and shall, subject to the ownership rights of
innocent third parties, order a sale at public auction by the sheriff of the
county of the property seized. The sheriff, after deducting the expense of
keeping the property and the cost of sale, shall pay all the liens, according
to their priorities, which are established by intervention or otherwise at such
hearing or in other proceedings brought for that purpose, and shall pay the
balance of the proceeds into the general fund of the county. No claim of
ownership or of any right, title or interest in or to such vehicle that is
otherwise valid shall be held invalid unless the state shows to the
satisfaction of the court, by clear and convincing evidence, that the claimant
had knowledge that the vehicle was used or to be used in violation of law. All
liens against property sold under this section shall be transferred from the
property to the proceeds of the sale.
(2) If no person claims the vehicle or
conveyance, the taking of the same and the description thereof shall be
advertised in some daily newspaper published in the city or county where taken,
or if no daily newspaper is published in such city or county, in a newspaper
having weekly circulation in the city or county, once a week for two weeks and
by handbills posted in three public places near the place of seizure, and shall
likewise notify by mail the legal owner, in the case of an automobile, if
licensed by the State of Oregon, as shown by the name and address in the
vehicle registration records of the Department of Transportation. If no
claimant appears within 10 days after the last publication of the
advertisement, the property shall be sold and the proceeds, after deducting the
expenses and costs, shall be paid into the general fund of the county. [1989
c.791 §18; 1993 c.741 §67; enacted in lieu of 471.665 in 1997]
471.670
Disposal of funds collected in enforcement of liquor laws; payment of
enforcement expenses. (1)
Except as provided in subsection (2) of this section, all fines imposed by any
judge, magistrate or court in the enforcement of the Liquor Control Act or the
Oregon Distilled Liquor Control Act shall be forwarded immediately to the
county treasurer of the county in which such conviction is had. The county
treasurer shall keep the same in a separate fund designated as an enforcement
fund. All warrants for any expenditures in the enforcement of that statute,
which have been approved by the district attorney of said county, shall be
drawn on this fund. All claims shall be verified by the claimants or persons
having knowledge or supervision of the expenditures and shall be audited by the
county court in the usual manner before presentation for payment thereof. When
the enforcement fund exceeds the amount paid to satisfy the total of all claims
made against it during the preceding calendar year, the excess amount shall be
paid to the general fund of such county by the county treasurer on June 30 and
December 31 of each year.
(2) Any fine imposed or collected by a
municipal judge may be retained by the municipality and shall be paid over and
become a part of the citys general fund. [Amended by 1995 c.301 §71; 1999
c.788 §57]
471.675
Resisting arrest or interfering with enforcement. No person shall forcibly resist lawful
arrest, or by physical contact recklessly interfere with an investigation of
any infringement of the Liquor Control Act or the Oregon Distilled Liquor
Control Act or with any lawful search or seizure being made by an officer or
inspector of the Oregon Liquor Control Commission, when such person knows or
should know that such acts are being performed by an officer or inspector of
the commission. [Amended by 1981 c.370 §1; 1997 c.249 §174]
471.680
Allegation and proof in prosecutions. In any prosecution for the sale of alcoholic liquor it is not
necessary to prove the exact variety, or to mention the quantity of alcoholic
liquor sold, except in the case where the variety or quantity is essential to
establish the offense. As regards quantity it is sufficient to allege the sale
of a quantity, the sale of which quantity is unlawful. The description of any
offense, alleged to be a violation of the Liquor Control Act, in the words of
that statute or in any words of like effect, is sufficient in law. Any
exceptions, exemptions, provisions, excuse or qualification may be proved by
the defendant, but need not be specified or negatived in the complaint,
information or indictment. If it is so specified or negatived, no proof in
relation to the matter so specified or negatived is required on the part of the
plaintiff, informant or complainant.
471.685
Governor authorized to suspend license. In case of invasion, disaster, insurrection, riot, or imminent danger
thereof, the Governor may, for the duration of such invasion, disaster,
insurrection, riot, or imminent danger thereof, immediately suspend without
notice any license in the area involved granted under the provisions of this
chapter. [1963 c.91 §2; 1995 c.301 §43; 1999 c.351 §61]
471.695
Fingerprinting of license applicants and certain commission employees; criminal
records check. (1) The
Oregon Liquor Control Commission may require each applicant for a full or
limited on-premises sales license to submit to fingerprinting. If the applicant
is a corporation, the fingerprints of each officer, director and major
stockholder of the corporation may be required by the commission. Prior to
approving any change in officers, directors or major stockholders, the
commission may require the fingerprints of the new officials.
(2) The commission shall require that all
employees of the commission who work in the licensing or enforcement divisions
or who have access to criminal background information be fingerprinted.
(3) Fingerprints acquired under this
section may be used for the purpose of requesting state or nationwide criminal
records checks under ORS 181.534.
(4) As used in this section, major
stockholder means any person who owns, directly or indirectly, more than 10
percent of any class of any equity security of the corporation. [1979 c.634 §2;
1999 c.351 §37; 2003 c.166 §3; 2005 c.730 §27]
471.700
Revocation of license on gambling conviction. In carrying out its duties under ORS 471.315, the Oregon Liquor
Control Commission shall not suspend or cancel a license on grounds of any
violation of ORS 167.108 to 167.164 until:
(1) The licensee has been convicted
thereof in a court of competent jurisdiction; or
(2) An employee of the licensee has been
convicted thereof in a court of competent jurisdiction and the violation
occurred on the licensed premises. [1979 c.171 §2; 1995 c.301 §72]
471.703
Police notice to commission or social host when certain persons involved in
motor vehicle accidents; content; commission duty. (1) The police shall notify the
(a) The police investigate any motor
vehicle accident where someone other than the operator is injured or incurs
property damage;
(b) The operator appears to have consumed
alcoholic liquor;
(c) A citation is issued against the
operator that is related to the consumption of alcoholic liquor or could have
been issued if the operator had survived; and
(d) The provider of the alcoholic liquor
is alleged to be a licensee or permittee of the commission.
(2) The notice shall include the name and
address of the operator involved and the name and address of the person who
named the alleged provider, if the person is other than the operator.
(3) Upon receipt of the notice described
in subsection (1) of this section, the commission shall cause the licensee or
permittee named as the alleged provider to be notified of receipt of the notice
and of its content. A copy of the notice shall be retained in the files of the
commission and shall be open to inspection by the person injured or damaged by
the motor vehicle operator or a representative of the person.
(4) The police shall notify the alleged
social host when the circumstances described in subsection (1) of this section
occur and the alleged social host is named as the provider of the alcoholic
liquor. The notice shall include the information described in subsection (2) of
this section. [1987 c.774 §15]
ORGANIZATION,
POWERS AND DUTIES OF LIQUOR COMMISSION
471.705
(2) The term of office of a commissioner
shall be four years from the time of appointment and qualification and until a
successor qualifies. The terms of the commissioners shall commence April 1. In
case any commissioner is allowed to hold over after the expiration of the term,
the successor shall be appointed for the balance of the unexpired term.
Vacancies in the commission shall be filled by the Governor for the unexpired
term. Each commissioner is eligible for reappointment but no person shall be
eligible to serve for more than two full terms.
(3) All appointments of commissioners by
the Governor are subject to confirmation by the Senate pursuant to section 4,
Article III, Oregon Constitution. [Amended by 1967 c.577 §11; 1969 c.314 §50;
1973 c.792 §17; 1979 c.251 §1; 1981 c.545 §9]
471.710
Removal; prohibited interests of commissioner and employee. (1) The Governor may remove any commissioner
for inefficiency, neglect of duty, or misconduct in office, giving to the
commissioner a copy of the charges made and an opportunity of being publicly
heard in person or by counsel, in the commissioners own defense, upon not less
than 10 days notice. If such commissioner is removed, the Governor shall file
in the office of the Secretary of State a complete statement of all charges
made against such commissioner, the findings thereon, and a complete record of
the proceedings.
(2) No person, other than the member
appointed in accordance with ORS 471.705 who is designated from the food and
alcoholic beverage retail industry, is eligible to hold the office of
commissioner, or to be employed by the Oregon Liquor Control Commission if:
(a) The person has any financial interest
in any business licensed by the commission or in any business which
manufactures alcoholic beverages sold in
(b) Anyone in the persons household or
immediate family has a financial interest described in paragraph (a) of this
subsection;
(c) Anyone in the persons household or
immediate family is employed by a business licensed by the commission, unless the
person is not in a position to take action or make decisions which could affect
the licensed business; or
(d) The person or anyone in the persons
household or immediate family has a business connection with any business
licensed by the commission, unless the person is not in a position to take
action or make decisions which could affect the licensed business.
(3) No liquor store agent appointed by the
commission and no person in the household or immediate family of a liquor store
agent shall have any financial interest in or business connection with any
person or business licensed as a distillery, dispenser or agent licensed by the
commission, or with any distillery whose products are sold in Oregon.
(4) Nothing in this section prohibits a
person from having a financial interest resulting from investments made by the
Public Employees Retirement System or through mutual funds, blind trusts or
similar investments where the person does not exercise control over the nature,
amount or timing of the investment.
(5) The commission by rule may establish
additional restrictions to prohibit potential conflicts of interest. The
commission by rule shall define immediate family and business connection as
used in this section. [Amended by 1979 c.251 §2; 1983 c.168 §1; 1987 c.511 §7]
471.715
Chairperson; meetings; quorum.
(1) The member from the food and alcoholic beverage retail industry shall not
serve as chairperson. The chairperson shall preside at all meetings of the
Oregon Liquor Control Commission or, in the chairpersons absence, some other
member may serve as chairperson.
(2) The commission shall meet at such
times and places within this state as it determines. A majority of the
commissioners constitutes a quorum for the transaction of any business, for the
performance of any duty or for the exercise of any power of the commission. [Amended
by 1979 c.251 §3; 1983 c.168 §2]
471.720
Administrator; other personnel.
The Oregon Liquor Control Commission shall appoint an administrator who shall
serve at its discretion. The administrator shall be subject to policy direction
by the commissioners, and shall be the secretary of the commission and
custodian of commission records. The administrator shall manage the commission,
administer the laws, and appoint, assign and coordinate personnel of the
commission within budget limitations and the State Personnel Relations Law. [Amended
by 1967 c.630 §4; 1975 c.605 §24; 1985 c.592 §1]
471.725
Buying, leasing, contracting and borrowing powers of commission. The function, duties and powers of the
Oregon Liquor Control Commission include the following:
(1) To buy, have in its possession,
bottle, blend, rectify, transport and sell, for present or future delivery, in
its own name, alcoholic liquor in the manner set forth in this chapter.
(2) To purchase, acquire, rent, lease or
occupy any building, rooms, stores or land and acquire, own, lease and sell
equipment and fixtures required for its operations.
(3) To lease or sublet to others property
which it acquires or owns and which is not immediately required for its
operations. However, no real property shall be purchased without the consent
and approval of the Governor.
(4) To borrow money, guarantee the payment
thereof and of the interest thereon, by the transfer or pledge of goods or in
any other manner required or permitted by law.
(5) To issue, sign, indorse and accept
checks, promissory notes, bills of exchange and other negotiable instruments.
(6) In the event the United States
Government provides any plan or method whereby the taxes upon alcoholic liquors
are collected at the source, to enter into any and all contracts and comply
with all regulations, even to the extent of partially or wholly abrogating any
statutory provisions which might be in conflict with federal law or
regulations, to the end that the commission receives the portion thereof
allocated to this state, to be distributed as provided by statute.
(7) To secure and pay for such policies of
insurance as may be necessary to adequately protect it from loss by fire, theft
or other casualty. [Amended by 1995 c.301 §44]
471.730
Regulatory powers of commission. The function, duties and powers of the Oregon Liquor Control
Commission include the following:
(1) To control the manufacture,
possession, sale, purchase, transportation, importation and delivery of
alcoholic liquor in accordance with the provisions of this chapter and ORS
474.105 and 474.115.
(2) To grant, refuse, suspend or cancel
licenses and permits for the sale or manufacture of alcoholic liquor, or other
licenses and permits in regard thereto, and to permit, in its discretion, the
transfer of a license of any person.
(3) To collect the taxes and duties
imposed by statutes relating to alcoholic liquors, and to issue, and provide
for cancellation, stamps and other devices as evidence of payment of such taxes
or duties.
(4) To investigate and aid in the
prosecution of every violation of statutes relating to alcoholic liquors, to
seize alcoholic liquor manufactured, sold, kept, imported or transported in
contravention of this chapter and ORS 474.105 and 474.115, and apply for the
confiscation thereof, whenever required by statute, and cooperate in the
prosecution of offenders before any court of competent jurisdiction.
(5) To adopt such regulations as are
necessary and feasible for carrying out the provisions of this chapter and ORS
474.105 and 474.115 and to amend or repeal such regulations. When such
regulations are adopted they shall have the full force and effect of law.
(6) To exercise all powers incidental,
convenient or necessary to enable it to administer or carry out any of the
provisions of this chapter and ORS 474.105 and 474.115.
(7) To control, regulate and prohibit any
advertising by manufacturers, wholesalers or retailers of alcoholic liquor by
the medium of newspapers, letters, billboards, radio or otherwise.
(8) To sell, license, regulate and control
the use of alcohol for scientific, pharmaceutical, manufacturing, mechanical,
industrial and other purposes, and to provide by regulation for the sale
thereof for such uses.
471.732
Policy relating to sanitation in licensed premises. (1) The Legislative Assembly finds and
declares that the regulation of health and sanitation matters in premises
licensed by the Oregon Liquor Control Commission under this chapter can best be
performed by the Department of Human Services and the State Department of
Agriculture.
(2) It is the policy of the Legislative
Assembly and the intent of ORS 471.333 and 624.010 and this section that
premises licensed by the Oregon Liquor Control Commission under this chapter
shall be subject to the laws governing health and sanitation matters, including
any applicable licensing requirements, and to the rules adopted thereunder by
the Department of Human Services and the State Department of Agriculture. [1979
c.236 §2; 1995 c.301 §20; 1999 c.351 §62]
471.735
Testing and seizure of wines.
The Oregon Liquor Control Commission shall have the power to investigate by
sample or chemical analysis, the quality of all wines manufactured, imported,
sold or offered for sale within this state, and to seize, confiscate and
destroy all wines sold or offered for sale within this state which do not
conform in all respects to the minimum standards provided for by the laws of
this state.
471.740
Exclusive right of commission to handle certain liquors. Except as provided in this chapter, the
Oregon Liquor Control Commission is vested with the exclusive right to
purchase, sell, have in possession for sale, import or transport alcoholic
beverages. [Amended by 1953 c.120 §6; 1974 c.4 §6; 1999 c.351 §77]
471.745
Fixing prices and selling liquor. The Oregon Liquor Control Commission shall fix the prices at which
alcoholic liquors containing over five percent alcohol by volume may be purchased
from it, and has power to bottle, blend, rectify, manufacture or sell alcoholic
liquors for itself, or for or to any person or commission within or without
this state. [Amended by 1995 c.301 §88]
471.750
Liquor stores and warehouses; operation; sales; advertising; rules. (1) The Oregon Liquor Control Commission
shall establish such stores and warehouses in such places in the state as in
its judgment are required by public convenience or necessity, for the sale of
spirituous liquors, wines and other alcoholic liquors containing over five
percent alcohol by volume, in sealed containers for consumption off the
premises. It shall keep on hand in such stores or warehouses such quantities
and kinds of alcoholic liquors as are reasonably required to supply the public
demand. Any person qualified to purchase such liquors from the commission has
the right to present to the commission, or at any of its stores, an application
for any kind or brand of alcoholic liquor which the person may desire and which
may be manufactured or obtainable in any place in the United States, and the
commission shall obtain such liquor and sell it to the applicant. No such store
shall be established in any county or incorporated city of this state where a
local prohibitory law is in effect. The commission shall adopt rules governing
advertising by stores operated by the commission. The commission may appoint
agents in the sale of said liquor under such agreement as the commission may
negotiate with said agents or their representative.
(2) Rules relating to advertising adopted
by the commission under subsection (1) of this section shall allow signs and
displays within its stores for the purpose of supplying consumer information to
customers, including but not limited to discounts, sales and other specials.
Commission discretion with respect to those signs and displays shall be limited
to regulation of the content, size, number per brand, type and duration of the
sign or display. Signs and displays may be supplied by manufacturers, wholesalers
or distributors, and may bear the name of a particular distillery, supplier or
brand of liquor. The use of signs and displays shall be optional with the agent
appointed by the commission. In no event shall signs or displays authorized by
the commission be placed in positions within the store where the sign or
display would be readily visible from outside of the store. [Amended by 1977
c.321 §3; 1977 c.608 §2; 1991 c.379 §1; 1995 c.301 §89; 2001 c.785 §11;
amendments by 2002 s.s.1 c.11 §1 repealed by 2002 s.s.2 c.1 §3; 2002 s.s.2 c.1 §1]
471.752
Agent participation in programs for state employees; preference of spouse or
child of deceased agent or agent with disability. (1) An agent appointed under ORS 471.750 may
participate in a health benefit plan available to state employees pursuant to
ORS 243.105 to 243.285 at the expense of the agent and may participate in the
state deferred compensation plan established under ORS 243.401 to 243.507. For
such purposes, agents shall be considered eligible state employees.
(2) A person who is the surviving spouse
or child of a deceased agent or the spouse or child of an agent of the Oregon
Liquor Control Commission who has a disability shall be given preference in the
appointment of a successor agent, if otherwise qualified, the spouse having
greater preference. The experience of such applicant in the business operation
of the deceased agent or the agent who has a disability shall be the primary
consideration in determining the qualifications of the applicant. [1979 c.203 §3;
1983 c.624 §1; 1985 c.645 §4; 1997 c.179 §30; 1997 c.222 §53; 2007 c.70 §270]
471.754
Commission to develop recycling education materials. The Oregon Liquor Control Commission shall
develop recycling education materials for distribution through stores
established by the commission under ORS 471.750 that encourage the patrons of
the store to recycle bottles sold through the stores. [1997 c.552 §34]
471.755 [Amended by 1971 c.734 §67; repealed by 1973
c.311 §6]
471.757
Statement of financial interest in business of licensee. (1) At such times as the Oregon Liquor
Control Commission may prescribe and upon forms furnished by the commission,
any license applicant or licensee of the commission may be required to submit a
sworn statement to the commission showing the name, address and the nature and
extent of the financial interest of each person, individual and corporate,
having a financial interest in the business operated under the license.
(2) The commission shall review the
statement and may refuse to issue a license to any license applicant, or may
suspend, cancel or refuse to renew the license of any licensee, when conditions
exist in relation to any person having a financial interest in the business or
in the place of business which would constitute grounds for refusing to issue a
license or for cancellation or suspension of a license if such person were the
license applicant or licensee. However, in cases where the financial interest
is held by a corporation, only the officers and directors of the corporation,
any individual or combination of individuals who own a controlling financial
interest in the business and any manager of the business shall be considered
persons having a financial interest within the meaning of this subsection. [1963
c.369 §1; 1995 c.301 §45; 1999 c.351 §63; 2001 c.785 §9]
471.760
Subpoena; oaths; depositions.
Each member of the Oregon Liquor Control Commission, or any of its authorized
agents, shall, for the purposes contemplated by this chapter and ORS 474.105
and 474.115, have power to issue subpoenas, compel the attendance of witnesses,
administer oaths, certify to official acts, take depositions within or without
this state, as provided by law, and compel the production of pertinent books,
payrolls, accounts, papers, records, documents and testimony. [Amended by 1953
c.101 §2]
471.765
Procedure when person refuses to testify or produce books. If a person in attendance before the Oregon
Liquor Control Commission or a commissioner refuses, without reasonable cause,
to be examined or to answer a legal and pertinent question, or to produce a
book or paper when ordered so to do by the commission, the commission may apply
to the judge of the circuit court of any county where such person is in
attendance, upon proof by affidavit of the fact, for a rule or order returnable
in not less than two nor more than five days, directing such person to show
cause before the judge who made the order, or any other judge of such county,
why the person should not be punished for contempt. Upon the return of such
order, the judge shall examine such person under oath and the person shall be
given an opportunity to be heard. If the judge determines that such person has
refused, without reasonable cause or legal excuse, to be examined or to answer
a legal or pertinent question, or to produce a book or paper which the person
was ordered to bring or produce, the judge may forthwith punish the offender
for contempt of court.
471.770
Self-incrimination as a basis for refusing to testify or produce books. No person shall be excused from testifying
or from producing any books, papers or documents in any investigation or
inquiry by or upon any hearing before the Oregon Liquor Control Commission or
any commissioner when ordered so to do by the commission or any of its
authorized agents, upon the ground that the testimony, evidence, books, papers
or documents required of the person may tend to incriminate the person or
subject the person to penalty or forfeiture. No person shall be prosecuted,
punished or subjected to any penalty or forfeiture for or on account of any
act, transaction, matter or thing concerning which the person shall, under
oath, have, by order of the commission, or a commissioner, or any of its
authorized agents, testified to or produced documentary evidence of; but no
person so testifying shall be exempt from prosecution or punishment for any
perjury committed by the person in testimony. [Amended by 1953 c.101 §2]
471.775
Service of subpoenas; authority of inspectors. (1) The provisions of ORS 183.440 shall
apply to subpoenas issued by each member of the Oregon Liquor Control
Commission or any of its authorized agents.
(2) Inspectors and investigators employed
by the commission shall have all the authority given by statute to peace
officers of this state, including authority to serve and execute warrants of
arrest and warrants of search and seizure. [Amended by 1953 c.101 §2; 1971
c.734 §68]
471.780 [Amended by 1953 c.13 §2; 1969 c.145 §1;
repealed by 2001 c.785 §12]
471.785 [Amended by 1961 c.160 §23; 1967 c.577 §3;
repealed by 1973 c.794 §34]
471.790
Commissioners not liable for official acts; commission funds entitled to
priority. No member of the
Oregon Liquor Control Commission may be sued for doing or omitting to do any act
in the performance of duties as prescribed in the Liquor Control Act. No member
of the commission personally shall be liable for any loss caused by the default
or failure of the depository of funds of the commission. All funds of the
commission deposited in any bank or trust company are entitled to priority of
payment as public funds of the state, if the commission funds are only kept in
depositories designated by the State Treasurer and under security of the same
character required by law for depositories of state funds.
471.795
Purchase and use of liquor by member or employee of commission. No provision of the Liquor Control Act
prevents any member or employee of the Oregon Liquor Control Commission from
purchasing and keeping in possession, for the personal use of self or members
of the family of the member or employee, any alcoholic liquor in the same
manner as it may be purchased or kept by any other person under that statute.
471.800
Restrictions on out-of-state wine; imposition. If by the laws of another state or by the
rules and regulations of any administrative body or authorized agency thereof
or therein, market restrictions are imposed that prevent or tend to prevent the
sale of wine manufactured in Oregon in free and unrestricted competition with
like kinds of wine manufactured in such other state, the Oregon Liquor Control
Commission is authorized and directed to impose similar restrictions in Oregon
upon such wine manufactured in such other state and offered for sale in Oregon.
471.805
Disposition of moneys; revolving fund. (1) Except as otherwise provided in ORS 471.810 (2), all money
collected by the Oregon Liquor Control Commission under this chapter and ORS
chapter 473 and privilege taxes shall be remitted to the State Treasurer who shall
credit it to a suspense account of the commission. Whenever the commission
determines that moneys have been received by it in excess of the amount legally
due and payable to the commission or that it has received money to which it has
no legal interest, or that any license fee or deposit is properly refundable,
the commission is authorized and directed to refund such money by check drawn
upon the State Treasurer and charged to the suspense account of the commission.
After withholding refundable license fees and such sum, not to exceed $250,000,
as it considers necessary as a revolving fund for a working cash balance for
the purpose of paying travel expenses, advances, other miscellaneous bills and
extraordinary items which are payable in cash immediately upon presentation,
the commission shall direct the State Treasurer to transfer the money remaining
in the suspense account to the Oregon Liquor Control Commission Account in the
General Fund. Moneys in the Oregon Liquor Control Commission Account are continuously
appropriated to the commission to be distributed and used as required or
allowed by law.
(2) All necessary expenditures of the
commission incurred in carrying out the purposes required of the commission by
law, including the salaries of its employees, purchases made by the commission
and such sums necessary to reimburse the $250,000 revolving fund, shall be
audited and paid from the Oregon Liquor Control Commission Account in the
General Fund, upon warrants drawn by the Oregon Department of Administrative
Services, pursuant to claims duly approved by the commission. [Amended by 1955
c.26 §1; 1967 c.577 §4; 1975 c.424 §2; 1979 c.367 §3; 1995 c.301 §46; 1999
c.351 §64; 2005 c.755 §45]
471.810
Distribution of available moneys in
(a) Fifty-six percent, or the amount
remaining after the distribution under subsection (4) of this section, credited
to the General Fund available for general governmental purposes wherein it
shall be considered as revenue during the quarter immediately preceding receipt;
(b) Twenty percent to the cities of the
state in such shares as the population of each city bears to the population of
the cities of the state, as determined by the State Board of Higher Education
last preceding such apportionment, under ORS 190.510 to 190.610;
(c) Ten percent to counties in such shares
as their respective populations bear to the total population of the state, as
estimated from time to time by the State Board of Higher Education; and
(d) Fourteen percent to the cities of the
state to be distributed as provided in ORS 221.770 and this section.
(2) The commission shall direct the Oregon
Department of Administrative Services to transfer 50 percent of the revenues
from the taxes imposed by ORS 473.030 and 473.035 to the Mental Health Alcoholism
and Drug Services Account in the General Fund to be paid monthly as provided in
ORS 430.380.
(3) If the amount of revenues received
from the taxes imposed by ORS 473.030 for the preceding month was reduced as a
result of credits claimed under ORS 473.047, the commission shall compute the
difference between the amounts paid or transferred as described in subsections
(1)(b), (c) and (d) and (2) of this section and the amounts that would have
been paid or transferred under subsections (1)(b), (c) and (d) and (2) of this
section if no credits had been claimed. The commission shall direct the Oregon
Department of Administrative Services to pay or transfer amounts equal to the
differences computed for subsections (1)(b), (c) and (d) and (2) of this section
from the General Fund to the recipients or accounts described in subsections
(1)(b), (c) and (d) and (2) of this section.
(4) Notwithstanding subsection (1) of this
section, no city or county shall receive for any fiscal year an amount less
than the amount distributed to the city or county in accordance with ORS
471.350 (1965 Replacement Part), 471.810, 473.190 and 473.210 (1965 Replacement
Part) during the 1966-1967 fiscal year unless the city or county had a decline
in population as shown by its census. If the population declined, the per
capita distribution to the city or county shall be not less than the total per
capita distribution during the 1966-1967 fiscal year. Any additional funds
required to maintain the level of distribution under this subsection shall be
paid from funds credited under subsection (1)(a) of this section. [Amended by
1955 c.475 §11; 1957 c.222 §1; 1957 c.445 §1; 1961 c.78 §1; 1961 c.635 §1; 1967
c.577 §5; 1969 c.499 §1; 1975 c.424 §4; 1975 c.527 §4a; 1977 c.831 §3a; 1977
c.856 §18; 1987 c.406 §2; 1997 c.348 §15; 2001 c.971 §4; 2007 c.71 §153; 2007
c.854 §4]
471.815 [Repealed by 1961 c.706 §45]
471.817
Alternative transportation organization to report annually. Each nonprofit organization formed by
licensees to provide alternative transportation for patrons of the licensees
shall report annually to the Oregon Liquor Control Commission. The commission
may acknowledge receipt of the notice and shall keep a list of such
organizations that have given notice. The commission shall provide information
to the Department of Revenue on request for purposes of sections 2 and 4,
chapter 700, Oregon Laws 1985. [1985 c.700 §6]
471.820 [Repealed by 1961 c.706 §45]
471.825 [Repealed by 1961 c.706 §45]
471.830 [Repealed by 1961 c.706 §45]
PENALTIES
471.990
Penalties. (1) Except where
other punishment is specifically provided for, violation of any provision of
this chapter and ORS 474.105 and 474.115 is a misdemeanor.
(2) Except as otherwise specifically
provided, municipal, justice and circuit courts have concurrent jurisdiction of
all violations of this chapter and ORS 474.105 and 474.115 committed within
their respective jurisdictions.
(3) A second or subsequent violation of
ORS 471.440 is punishable upon conviction by imprisonment in the custody of the
Department of Corrections for not more than three years and by a fine of not
more than $3,000.
(4) Subject to ORS 153.022, violation of
any regulation promulgated under ORS 471.730 (5) is a Class C violation. [Amended
by 1953 c.120 §6; 1963 c.93 §6; 1987 c.320 §236; 1999 c.1051 §187]
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