Chapter 471 — Chapter 471

ORS 471.313 Grounds for refusing to issue license, certificate or permit, or for issuing restricted license, certificate or permit. (1) The Oregon Liquor and Cannabis Commission may refuse to issue a license, or may issue a restricted license, to any applicant under the provisions of this chapter if the commission has reasonable ground to believe any of the following to be true

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ORS 471.315 Grounds for cancellation, suspension or restriction of license, certificate or permit, requiring training or imposing civil penalty. (1) The Oregon Liquor and Cannabis Commission may cancel, suspend, restrict or require mandatory training for any license issued under this chapter, or impose a civil penalty in lieu of or in addition to a suspension as provided by ORS 471.322, if the commission finds or has reasonable ground to believe any of the following to be true

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ORS 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 and Cannabis Commission shall suspend the license of a licensed premises listed in subsection (4) of this section if the commission determines that

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ORS 471.317 [1975 c.373 §2; 1979 c.236 §8; 1995 c.301 §64; renumbered 471.333 in 1999]

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ORS 471.318 Commission authority following lapse, suspension or revocation. Notwithstanding the lapse, suspension or revocation of a certificate, license, permit or other form of authorization issued under this chapter, the Oregon Liquor and Cannabis Commission may

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ORS 471.320 [Amended by 1957 c.220 §3; repealed by 1971 c.734 §21]

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ORS 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 and Cannabis 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

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ORS 471.325 [Amended by 1953 c.19 §2; 1957 c.220 §4; 1969 c.205 §1; repealed by 1971 c.734 §21]

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ORS 471.326 Refund of civil penalty if suspension not sustained on judicial review. If the action of the Oregon Liquor and Cannabis 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 and Cannabis 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; 2021 c.351 §80]

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ORS 471.327 Civil penalty in addition to or in lieu of suspending certain other licenses, permits or certificates. (1) The Oregon Liquor and Cannabis Commission, in suspending any brewery license, wholesale wine license, wholesale malt beverage license, direct shipper permit, direct to retailer permit or certificate of approval, may

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ORS 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 and 471.315 (1)(c), or whether the licensee maintains a noisy establishment in violation of the provisions of ORS 471.425

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ORS 471.330 [Amended by 1977 c.215 §1; 1995 c.301 §67; 1999 c.351 §54; renumbered 471.351 in 1999]

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ORS 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 and Cannabis Commission proposes to refuse to renew or to suspend or cancel any license issued under this chapter because of adverse neighborhood impact of the licensee’s 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

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ORS 471.333 Effect of sanitation violations. (1) Except as provided in subsections (2) and (3) of this section, the Oregon Liquor and Cannabis 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

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ORS 471.335 [Amended by 1953 c.120 §6; 1974 c.4 §4; 1985 c.592 §3; renumbered 471.404 in 1999]

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ORS 471.340 [Amended by 1983 c.316 §1; 1999 c.351 §69; renumbered 471.442 in 1999]

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ORS 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 and Cannabis 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

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ORS 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 and Cannabis 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; 2021 c.351 §86]

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ORS 471.344 Responsible vendor program; rules. (1) The Oregon Liquor and Cannabis Commission shall by rule establish a responsible vendor program. The program shall include a list of positive measures that a licensee must take to avoid sales of alcoholic beverages to minors. Any person holding a liquor license that authorizes the person to sell alcoholic beverages at retail may participate in the program

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ORS 471.345 [Amended by 1999 c.351 §70; renumbered 471.446 in 1999]

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ORS 471.346 Uniform standards for minor decoy operations; rules. (1)(a) The Oregon Liquor and Cannabis Commission shall by rule develop uniform standards for minor decoy operations used to investigate licensees, permittees, agents appointed by the commission, third-party delivery facilitators and any person delivering alcoholic beverages to final consumers in this state for violations of the laws of this state prohibiting sales and deliveries of alcoholic beverages to minors

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ORS 471.350 [Repealed by 1967 c.577 §10]

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ORS 471.351 Examination of books and premises of licensees. (1) The Oregon Liquor and Cannabis 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

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ORS 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]

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ORS 471.360 Service permit or temporary service permit required; waiver; penalty; rules. (1) Any individual employed by or acting on behalf of or at the direction of a licensee of the Oregon Liquor and Cannabis Commission must have a valid service permit or temporary service permit issued by the commission if the individual

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ORS 471.365 Characteristics of permit; verification of identity of permittee. (1) A service permit or a temporary service permit is a purely personal privilege, valid only upon licensed premises, for the period of time stated on the service permit or temporary service permit, and may be suspended or revoked for any reason set forth in ORS 471.360 to 471.385

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ORS 471.370 Expiration. Unless sooner suspended or revoked, a service permit expires five years after the date the Oregon Liquor and Cannabis Commission issues the permit. [1979 c.788 §3a; 1981 c.599 §3; 2009 c.350 §3; 2017 c.533 §13; 2021 c.351 §91]

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ORS 471.375 Service permit issuance and renewal; temporary service permit issuance; rules. The Oregon Liquor and Cannabis Commission shall establish by rule a process for the issuance and renewal of a service permit and the issuance of a temporary service permit. The rules adopted under this section must include

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ORS 471.380 Grounds for refusing to issue permit; request for hearing. (1) The Oregon Liquor and Cannabis Commission may refuse to issue a service permit or temporary service permit, or may issue a restricted service permit, if the commission has reasonable grounds to believe any of the following to be true

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ORS 471.385 Grounds for revoking, restricting or suspending permit or imposing civil penalty; responsibility of licensee. (1) The Oregon Liquor and Cannabis Commission may revoke, restrict or suspend a service permit or a temporary service permit, or impose a civil penalty in lieu of or in addition to suspension as provided by ORS 471.322, if the commission finds or has reasonable grounds to believe any of the following to be true

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ORS 471.390 [1979 c.788 §7; repealed by 2017 c.533 §18]

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ORS 471.392 Definitions for ORS 471.392 to 471.400. For the purposes of ORS 471.392 to 471.400

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ORS 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

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ORS 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

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ORS 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

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ORS 471.400 Exceptions to prohibition of financial assistance; rules. (1)(a) 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

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ORS 471.401 Purchase of alcoholic liquor advertising space or time from retail licensee. (1) Notwithstanding any other provision of this chapter, a manufacturer or wholesaler of alcoholic liquor may purchase advertising space or time from a licensee authorized to sell alcoholic liquors at retail if the retail licensee

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ORS 471.402 Sample tastings authorized. The holder of a brewery license issued under ORS 471.221, 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; 2016 c.3 §6]

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ORS 471.403 License required to produce alcoholic liquor; exception. (1) Except as provided in this section, a person may not brew, ferment, distill, blend or rectify any alcoholic liquor unless licensed so to do by the Oregon Liquor and Cannabis Commission

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ORS 471.404 Importing liquor without license prohibited; exceptions; fee. (1) Alcoholic liquor may not be imported into this state by any person other than a holder of a brewery, winery, distillery or wholesaler’s license, except as follows

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 471.410 Providing liquor to person under 21 or to intoxicated person; allowing consumption by minor on property; mandatory minimum penalties. (1) A person may not sell, give or otherwise make available any alcoholic liquor to any person who is visibly intoxicated

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ORS 471.412 Allowing visibly intoxicated person to consume alcoholic beverages; good faith effort; effect on other liability; letters of reprimand. (1) A licensee or permittee may not allow a person to consume or to continue to consume alcoholic beverages on the licensed premises after observing that the person is visibly intoxicated

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ORS 471.415 [Amended by 1955 c.657 §10; 1957 c.297 §1; repealed by 1995 c.301 §81]

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ORS 471.417 [1985 c.306 §2; 1989 c.471 §1; repealed by 1995 c.301 §81]

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ORS 471.420 [Amended by 1959 c.399 §1; 1971 c.680 §2; repealed by 1979 c.43 §1 and by 1979 c.190 §431]

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ORS 471.425 Misrepresentations by licensee and others; maintenance of disorderly establishment. (1) No person shall make false representations or statements to the Oregon Liquor and Cannabis Commission in order to induce or prevent action by the commission

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