Chapter 471 — Chapter 471

ORS 471.430 Purchase or possession of alcoholic beverages by person under 21; entry of licensed premises by person under 21; penalty; immunity; suspension of driving privileges; assessment and treatment. (1) A person under 21 years of age may not attempt to purchase, purchase or acquire alcoholic beverages. Except when a minor is in a private residence accompanied by the parent or guardian of the minor and with the parent’s or guardian’s consent, a person under 21 years of age may not have personal possession of alcoholic beverages

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ORS 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

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ORS 471.434 Immunity for violation of ORS 471.430 when reporting sexual assault crime. (1)(a) A person who contacts emergency medical services or a law enforcement agency to report a sexual assault crime, or to obtain medical or law enforcement assistance for a victim of a sexual assault crime, is immune from arrest or prosecution for a violation of ORS 471.430 if the evidence of the violation was obtained because the person contacted emergency medical services or a law enforcement agency

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ORS 471.435 [Repealed by 1953 c.120 §6]

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ORS 471.440 Manufacture, fermentation or possession of mash, wort or wash; establishment or operation of distillery without license; prima facie evidence. (1) Except as provided in ORS 471.037 and 471.403, mash, wort or wash fit for distillation or for the manufacture of spirituous alcoholic liquors may not be made, fermented or possessed within this state by any person that does not at the time own a distillery license under the Liquor Control Act

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ORS 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

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ORS 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

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ORS 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

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ORS 471.448 [1995 c.301 §12; 1999 c.351 §15a; repealed by 2019 c.373 §6]

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ORS 471.450 [Repealed by 1971 c.116 §1]

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ORS 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]

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ORS 471.455 [Amended by 1957 c.297 §2; 1979 c.881 §4; 1981 c.80 §1; repealed by 1995 c.301 §81]

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ORS 471.456 [1979 c.881 §7; 1987 c.511 §3; repealed by 1995 c.301 §81]

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ORS 471.457 [1965 c.277 §1; repealed by 1995 c.301 §81]

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ORS 471.460 [Amended by 1981 c.80 §2; repealed by 1995 c.301 §81]

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ORS 471.463 [1965 c.277 §2; repealed by 1995 c.301 §81]

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ORS 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]

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ORS 471.470 [Amended by 1957 c.297 §4; repealed by 1995 c.301 §81]

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ORS 471.473 Liquor store business loss compensation. (1) A person appointed to operate a store established by the Oregon Liquor and Cannabis Commission under ORS 471.750 qualifies for the payment of business loss compensation under this section if

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ORS 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 and Cannabis 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. [Amended by 2021 c.351 §107]

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ORS 471.478 [1977 c.551 §2; 1997 c.249 §173; repealed by 2021 c.180 §20]

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ORS 471.480 Sale of liquor by certain employees 18 years of age or older; minimum age requirements. (1) Any employee 18 years of age or older of a person who holds an off-premises sales license from the Oregon Liquor and Cannabis Commission may sell any alcoholic liquor authorized by such license on the licensed premises

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ORS 471.482 Sale or service of liquor by employees 18 years of age or older generally; rules; minimum age requirements. (1) The holder of a license issued under this chapter may employ persons 18, 19 and 20 years of age who may take orders for, serve and sell alcoholic liquor in any part of the licensed premises when that activity is incidental to the serving of food except in those areas classified by the Oregon Liquor and Cannabis Commission as being prohibited to the use of minors. However, no person who is 18, 19 or 20 years of age shall be permitted to mix, pour or draw alcoholic liquor except when pouring is done as a service to the patron at the patron’s table or drawing is done in a portion of the premises not prohibited to minors

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ORS 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 licensee’s, 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]

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ORS 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]

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ORS 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 and Cannabis Commission. [1971 c.694 §4; 1999 c.351 §76; 2021 c.351 §111]

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ORS 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 and Cannabis Commission. [1971 c.694 §5; 1995 c.301 §41; 2021 c.351 §112]

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ORS 471.501 Malt beverage container refunds. Nothing in this chapter prevents a brewery licensed under ORS 471.221 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, or in excess of 10 cents as described in ORS 459A.705 (2), 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, or in excess of 10 cents as described in ORS 459A.705 (2), 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; 2011 c.277 §4; 2016 c.3 §7]

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ORS 471.502 [1981 c.917 §2; renumbered 474.105 in 1989]

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ORS 471.503 [1981 c.917 §3; renumbered 474.115 in 1989]

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ORS 471.505 [Repealed by 1983 c.350 §276 (471.506 enacted in lieu of 471.505)]

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ORS 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

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ORS 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 and Cannabis Commission or from persons duly licensed to sell them under the Liquor Control Act. [Amended by 1999 c.351 §35; 2021 c.351 §113]

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ORS 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]

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ORS 471.520 [Amended by 1979 c.190 §422; repealed by 1983 c.350 §331a]

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ORS 471.521 Definitions for ORS 471.521 to 471.537. As used in ORS 471.521 to 471.537

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ORS 471.524 Third-party delivery facilitator employee or contractor requirements; training; penalties. (1) An eligible business or third-party delivery facilitator may employ or contract with a delivery person to deliver alcoholic beverages to the physical possession of a final consumer at a delivery address only if the individual

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ORS 471.525 [Repealed by 1983 c.350 §331a]

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ORS 471.527 Third-party delivery facilitator training program; rules. (1) A third-party delivery facilitator shall develop an alcohol delivery training program that includes training on at least

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ORS 471.530 [Amended by 1957 c.231 §1; repealed by 1983 c.350 §331a]

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ORS 471.531 Oregon Liquor and Cannabis Commission rules regarding delivery of alcoholic beverages. The Oregon Liquor and Cannabis Commission may adopt rules to regulate the delivery of alcoholic beverages by parties including, but not limited to, eligible businesses, delivery persons and third-party delivery facilitators. [2023 c.539 §5]

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ORS 471.534 Third-party delivery facilitator permit; fees; grounds to refuse to issue or to suspend or revoke permit; rules. (1) In order to engage in the delivery of alcoholic beverages, a third-party delivery facilitator must hold a permit issued by the Oregon Liquor and Cannabis Commission and must comply with applicable requirements under this chapter

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ORS 471.535 [Repealed by 1983 c.350 §331a]

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ORS 471.537 Criminal and civil penalties. (1) It is a Class A misdemeanor for a person that is not a third-party delivery facilitator that holds a permit issued under ORS 471.534 to engage in any activity for which a permit is required unless the person is a licensee, permittee or agent appointed by the Oregon Liquor and Cannabis Commission, or is an employee or agent of a licensee, permittee or agent acting on behalf of the licensee, permittee or agent, and the activity is allowed by the privileges of the license, permit or appointment

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ORS 471.540 [Amended by 1983 c.83 §93; repealed by 1983 c.350 §331a]

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ORS 471.541 Alcohol Education Program. The Oregon Liquor and Cannabis 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; 2021 c.351 §114]

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ORS 471.542 Alcohol server education course and examination; fees; rules. (1) The Oregon Liquor and Cannabis Commission shall require an individual applying for issuance or renewal of a service permit or temporary service permit issued under ORS 471.375 to complete an approved alcohol server education course and examination as a condition of the issuance or renewal of the permit

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ORS 471.545 [Repealed by 1983 c.350 §331a]

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ORS 471.547 Alcohol Server Education Advisory Committee; members; purpose. (1) The Oregon Liquor and Cannabis Commission shall establish an Alcohol Server Education Advisory Committee. The advisory committee shall consist of the following members

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ORS 471.549 Civil penalty. In addition to such other sanctions as may be authorized by law, the Oregon Liquor and Cannabis 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; 2021 c.351 §117]

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