Chapter 471 — Chapter 471
271 sections in this chapter.
ORS 471.001 Definitions for ORS chapters 471 and 473. As used in this chapter and ORS chapter 473
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(1) “Alcoholic beverage” and “alcoholic liquor” mean any liquid or solid containing one-half of one percent or more of alcohol by volume and capable of being consumed by a human being. (2) “Commercial establishment” means a place of business: (a) Where food is cooked and served; …
ORS 471.005 [Amended by 1965 c.280 §1; repealed by 1995 c.301 §33]
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[Repealed or reserved.]
ORS 471.010 [Amended by 1979 c.236 §5; repealed by 1995 c.301 §33]
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[Repealed or reserved.]
ORS 471.015 [Amended by 1975 c.207 §1; 1979 c.236 §6; repealed by 1995 c.301 §33]
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[Repealed or reserved.]
ORS 471.017 [1975 c.207 §4; 1995 c.301 §53; repealed by 1999 c.351 §13 (471.159 enacted in lieu of 471.017)]
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[Repealed or reserved.]
ORS 471.020 [Repealed by 1979 c.264 §14]
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[Repealed or reserved.]
ORS 471.022 [1979 c.264 §3; 1995 c.301 §13; repealed by 1999 c.351 §41]
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[Repealed or reserved.]
ORS 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 8.5 percent of alcohol by volume, including, but not limited to, flavored, sparkling, carbonated or fortified cider. [1999 c.351 §66; 2007 c.45 §1; 2017 c.202 §1; 2021 c.596 §1]
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[Repealed or reserved.]
ORS 471.025 [Repealed by 1995 c.301 §7 (471.406 enacted in lieu of 471.025)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 471.030 Purpose of Liquor Control Act. (1) The Liquor Control Act shall be liberally construed so as
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(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 o…
ORS 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
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[Repealed or reserved.]
ORS 471.037 Homemade beer, wine and fermented fruit juice exemption from liquor laws. (1) As used in this section and ORS 471.268
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(a)(A) “Financial consideration,” except as provided in subparagraph (B) of this paragraph, means value that is given or received directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations. (B) “Financial consideration” does not mean any …
ORS 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 and Cannabis 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 one-half of one percent or more 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
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(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 …
ORS 471.039 Certain cruise ships exempt from liquor laws. (1) Notwithstanding any provision of this chapter, the Oregon Liquor and Cannabis 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
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(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 onbo…
ORS 471.040 General powers and duties of the commission; rules; delegation. (1) The Oregon Liquor and Cannabis 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 Oregon of blended, rectified, adulterated or low-quality wines. The jurisdiction, supervision, powers and duties of the commission extend to any person who buys, sells, manufactures, imports or transports any alcoholic liquor within this state. The commission may sue and be sued
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(2) Except for the power to adopt rules, the commission may delegate any of the commission’s powers or duties to the administrator appointed under ORS 471.720. [Amended by 2001 c.785 §10; 2021 c.351 §41]
ORS 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
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PURCHASER’S QUALIFICATIONS AND IDENTIFICATION
ORS 471.105 Purchaser’s qualifications. Before being qualified to purchase alcoholic liquor from the Oregon Liquor and Cannabis 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; 2021 c.351 §42]
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[Repealed or reserved.]
ORS 471.110 [Amended by 1961 c.259 §3; repealed by 1967 c.577 §10]
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[Repealed or reserved.]
ORS 471.115 Limitations on purchasing may be imposed. The Oregon Liquor and Cannabis 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. [Amended by 2021 c.351 §43]
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[Repealed or reserved.]
ORS 471.120 [Repealed by 1967 c.577 §10]
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[Repealed or reserved.]
ORS 471.125 [Amended by 1967 c.577 §2; repealed by 1971 c.159 §9]
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[Repealed or reserved.]
ORS 471.130 Requiring statement of age or identification from certain purchasers. (1) Before selling or serving an alcoholic beverage to any person about whom there is any reasonable doubt of the person’s having reached 21 years of age, a licensee or permittee shall require the person to produce one of the following pieces of identification
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(a) The person’s passport issued by the United States or a foreign government. (b) The person’s motor vehicle operator’s license issued by this state or another state of the United States or a province or territory of Canada. (c) An identification card issued under ORS 807.400. (…
ORS 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 person’s age
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(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 …
ORS 471.140 [1961 c.687 §2; 1963 c.93 §3; 1971 c.433 §1; repealed by 1979 c.313 §10]
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[Repealed or reserved.]
ORS 471.143 [1963 c.93 §2; 1967 c.569 §1; 1971 c.159 §2; 1979 c.313 §4; repealed by 1979 c.313 §11]
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[Repealed or reserved.]
ORS 471.145 [1961 c.687 §§3,6; 1963 c.93 §4; repealed by 1979 c.313 §11]
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[Repealed or reserved.]
ORS 471.150 [1961 c.687 §7; 1963 c.93 §5; 1967 c.569 §2; 1971 c.159 §3; repealed by 1979 c.313 §11]
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LIQUOR LICENSES (Generally)
ORS 471.155 Commission’s licensing duties; bonds. (1) The Oregon Liquor and Cannabis 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 direct to retailer 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
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(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 direct to retailer permit may deposit, in lieu of the bond required by subsection (1) of thi…
ORS 471.157 Licenses issuable. The licenses described in this chapter may be issued by the Oregon Liquor and Cannabis Commission, subject to its regulations and restrictions and the provisions of the Liquor Control Act. [Formerly 471.215; 2013 c.537 §1; 2021 c.351 §46]
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[Repealed or reserved.]
ORS 471.159 Enclosure of licensed premises. (1) The Oregon Liquor and Cannabis Commission may not license a location that does not have defined boundaries
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(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 …
ORS 471.162 Exemptions 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 physician’s prescription
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(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 alc…
ORS 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
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(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]
ORS 471.166 Local government recommendations on license issuance and renewal; rules; fees. (1) The Oregon Liquor and Cannabis 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
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(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…
ORS 471.168 Certain licensees required to maintain liquor liability insurance or bond; rules. (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
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(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 and Cannabis Commission may by rule require liquor liabil…
ORS 471.175 Full on-premises sales license; rules. (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 and ORS 471.176, all alcoholic beverages sold under a full on-premises sales license must be consumed on the licensed premises
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(2) A full on-premises sales license may be issued only to a: (a) Nonprofit private club, as described in subsection (11) of this section. (b) Public passenger carrier as provided in ORS 471.182. (c) Commercial establishment, as defined in ORS 471.001 (2). (d) Public location tha…
ORS 471.176 Sale of mixed drinks and single servings of wine by holder of full on-premises sales license; rules. (1) As used in this section
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(a) “Mixed drink” means a beverage that is a combination of wine or distilled liquor and one or more mixers that is combined on a licensed premises and sold in a sealed container for consumption off the licensed premises. (b) “Sealed container” means a container with a secure cap…
ORS 471.178 Limited on-premises sales license; rules. (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
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(2) The holder of a limited on-premises sales license may sell malt beverages, wine and cider in factory-sealed containers for consumption off the licensed premises. (3) The holder of a limited on-premises sales license may sell for consumption off the licensed premises malt beve…
ORS 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 and Cannabis Commission may promulgate to ensure the enforcement of other provisions of this chapter. [Formerly 471.307; 2021 c.351 §52]
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[Repealed or reserved.]
ORS 471.182 Issuance of full or limited on-premises sales license to public passenger carrier; airline storage facilities. (1) The Oregon Liquor and Cannabis 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
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(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 t…
ORS 471.184 Catering and other temporary off-premises service under full or limited on-premises sales license; rules. (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 and Cannabis 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), (7) and (8) and 471.178 (2) to (5), the licensee may not permit patrons of the event to remove any alcoholic beverages from the premises of the event
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(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) R…
ORS 471.186 Off-premises sales license; deliveries to retail customers; rules. (1) The holder of an off-premises sales license may sell factory-sealed containers of malt beverages, wine and cider for consumption off the licensed premises
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(2) The holder of an off-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in securely covered containers supplied by the consumer and that have capacities of not more than two gallons each. (3) The holder of an off-premises …
ORS 471.190 Temporary sales license; rules. (1) The holder of a temporary sales license may sell
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(a) At retail by the drink wine, malt beverages, cider and distilled liquor. (b) For consumption off the licensed premises wine, malt beverages and cider in factory-sealed containers. (c) For consumption off the licensed premises wine, malt beverages and cider in securely covered…
ORS 471.192 Purchases by Indian tribe. Notwithstanding ORS 471.175, an Indian tribe that holds a full on-premises sales license may purchase distilled liquor for sale by the drink within Indian country directly from the Oregon Liquor and Cannabis Commission at a price negotiated by the Indian tribe and the commission. As used in this section, “Indian country” has the meaning given that term in 18 U.S.C. 1151. [2021 c.180 §2]
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[Repealed or reserved.]
ORS 471.194 Purchases by airline. Notwithstanding ORS 471.175, an airline described in ORS 471.182 that holds a full on-premises sales license may purchase distilled liquor for sale to ticketed passengers aboard a commercial aircraft directly from the Oregon Liquor and Cannabis Commission at a price negotiated by the airline and the commission. [2021 c.180 §3]
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(Brewery-Public House License)
ORS 471.200 Brewery-public house license; rules. (1) A brewery-public house license allows the licensee to
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(a) Manufacture on the licensed premises, store, transport, sell to wholesale malt beverage and wine licensees of the Oregon Liquor and Cannabis Commission and export malt beverages; (b) Sell malt beverages manufactured on or off the licensed premises at retail for consumption on…
ORS 471.205 [Amended by 1999 c.351 §15; renumbered 471.403 in 1999]
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(Delivery Invoices)
ORS 471.207 Delivery invoices; retention period; rules. (1) A licensee that holds a license issued under ORS 471.175, 471.178, 471.186, 471.190 or 471.200 shall maintain an invoice of each delivery of alcoholic beverages made to the licensed premises for which the licensee is responsible
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(2) A licensee described in subsection (1) of this section shall keep an invoice described in subsection (1) of this section for three years from the date of delivery. The licensee shall make an invoice available for inspection by the Oregon Liquor and Cannabis Commission at the …
ORS 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]
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[Repealed or reserved.]
ORS 471.213 [1989 c.846 §16; renumbered 471.164 in 1999]
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[Repealed or reserved.]