US Laws, Codes, Statutes & Cases

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

 

PURCHASER’S QUALIFICATIONS AND IDENTIFICATION

 

471.105     Purchaser’s 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     Commission’s 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           Sale of malt beverage as beer

 

471.475           Mixing, storing or serving of liquor without license

 

471.478           Sale of kegs of malt beverages; rules; penalty

 

471.480           Sale of liquor by certain employees 18 years of age or older

 

471.482           Sale or service of liquor by employees 18 years of age or older generally; rules

 

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 club’s 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 beverage’s 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 beverage’s 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 Oregon industry.

 

      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 delive