Chapter 471 — Chapter 471

ORS 471.754 Commission to develop recycling education materials. The Oregon Liquor and Cannabis 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; 2021 c.351 §148]

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ORS 471.755 [Amended by 1971 c.734 §67; repealed by 1973 c.311 §6]

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ORS 471.757 Statement of financial interest in business of licensee. (1) At such times as the Oregon Liquor and Cannabis 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

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ORS 471.760 Subpoena; oaths; depositions. Each member of the Oregon Liquor and Cannabis 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; 2021 c.351 §150]

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ORS 471.765 Procedure when person refuses to testify or produce books. If a person in attendance before the Oregon Liquor and Cannabis 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. [Amended by 2021 c.351 §151]

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ORS 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 and Cannabis 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; 2021 c.351 §152]

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ORS 471.775 Service of subpoenas; regulatory specialist authority and prohibitions. (1) The provisions of ORS 183.440 shall apply to subpoenas issued by each member of the Oregon Liquor and Cannabis Commission or any of its authorized agents

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ORS 471.780 [Amended by 1953 c.13 §2; 1969 c.145 §1; repealed by 2001 c.785 §12]

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ORS 471.785 [Amended by 1961 c.160 §23; 1967 c.577 §3; repealed by 1973 c.794 §34]

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ORS 471.790 Commissioners not liable for official acts; commission funds entitled to priority. No member of the Oregon Liquor and Cannabis 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. [Amended by 2021 c.351 §154]

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ORS 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 and Cannabis 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. [Amended by 2021 c.351 §155]

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ORS 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 and Cannabis 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. [Amended by 2021 c.351 §156]

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ORS 471.802 Wine label designation of American viticultural area; rules. (1) As used in this section, “American viticultural area” means a delimited grape growing region approved under 27 C.F.R. part 9

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ORS 471.805 Disposition of moneys; revolving fund; agent deposits. (1)(a) Except as otherwise provided in subsection (3) of this section and ORS 471.810 (2), all moneys collected by the Oregon Liquor and Cannabis Commission under this chapter and ORS chapter 473 and as privilege taxes shall be remitted to the State Treasurer who shall credit the moneys to a suspense account of the commission. Whenever the commission determines that the commission has received moneys in excess of the amount legally due and payable to the commission, that the commission has received moneys to which the commission has no legal interest or that any license fee or deposit is properly refundable, the commission is authorized and directed to refund such moneys by check drawn upon the State Treasurer and charged to the suspense account of the commission

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ORS 471.810 Distribution of available moneys in Oregon Liquor and Cannabis Commission Account. (1) At the end of each month, the Oregon Liquor and Cannabis Commission shall certify the amount of moneys available for distribution in the Oregon Liquor and Cannabis Commission Account and, after withholding such moneys as it may deem necessary to pay its outstanding obligations, shall within 35 days of the month for which a distribution is made direct the State Treasurer to pay the amounts due, upon warrants drawn by the Oregon Department of Administrative Services, as follows

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ORS 471.815 [Repealed by 1961 c.706 §45]

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ORS 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 and Cannabis 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; 2021 c.351 §160]

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ORS 471.820 [Repealed by 1961 c.706 §45]

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ORS 471.825 [Repealed by 1961 c.706 §45]

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ORS 471.830 [Repealed by 1961 c.706 §45]

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ORS 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 Class A misdemeanor

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