Title 37, Alcoholic Liquors; Controlled Substances; Drugs

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 …

(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 cit…

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,…

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]

As used in ORS 471.521 to 471.537: (1) “Deliver” means to transfer alcoholic beverages from a delivery person to a final consumer at a delivery address. (2) “Delivery address” means a location with a permanent street address in Oregon that is not licensed by the Oregon Liquor and…

(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: (a) Is at least 18 years of age; and (b) Has a va…

(1) A third-party delivery facilitator shall develop an alcohol delivery training program that includes training on at least: (a) Forms of identification required by ORS 471.130 and methods for identifying, inspecting, accepting or rejecting identification; (b) Signs of visible i…

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]

(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. (2)(a) The commission may refuse to issue a pe…

(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…

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…

(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 issuan…

(1) The Oregon Liquor and Cannabis Commission shall establish an Alcohol Server Education Advisory Committee. The advisory committee shall consist of the following members: (a) One person who represents the commission. (b) One person who represents the Oregon State Police. (c) On…

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…

(1) Any person in possession of a valid retail liquor license, who sells liquor by the drink for consumption on the premises or sells for consumption off the premises, shall post a sign informing the public of the effects of alcohol consumption during pregnancy. (2) The sign shal…

The Oregon Liquor and Cannabis Commission shall consult with representatives of business and industry as well as interested citizens groups, including the March of Dimes and the Junior League, to determine the most cost-effective, convenient method to produce and post the sign de…

The Oregon Liquor and Cannabis Commission may solicit private funds, if necessary, to produce and distribute the signs. [1991 c.324 §4; 2021 c.351 §120]

(1) If no warning sign is posted: (a) The Oregon Liquor and Cannabis Commission shall furnish a warning sign. (b) The retailer shall have five days from the receipt of the warning sign to post it appropriately. (2) If there is a violation of this section or of ORS 471.551, the vi…

By June 30, 1992, the Oregon Liquor and Cannabis Commission shall produce and complete distribution of the warning signs, free of charge, to all holders of retail liquor licenses. The commission shall produce and distribute additional signs as liquor licenses are granted. [1991 c…

(1) A patron or guest who voluntarily consumes alcoholic beverages served by a person licensed by the Oregon Liquor and Cannabis Commission, a person holding a permit issued by the commission or a social host does not have a cause of action, based on statute or common law, agains…

(1) Notwithstanding ORS 471.130 and 471.565, no licensee, permittee or social host shall be liable to third persons injured by or through persons under the age of 21 years who obtained alcoholic beverages from the licensee, permittee or social host unless it is demonstrated that …

(1) Notwithstanding ORS 471.410, an employee of a school district may make alcoholic beverages available to a student in a culinary arts class for use in the culinary arts class if the alcoholic beverages are provided in compliance with a policy adopted under ORS 336.441. (2) Not…

(1) As used in this section: (a) “Alcohol equivalence” means the amount of ethanol that would be expected to be present in a beverage based on the standard drink measurement used by the Centers for Disease Control and Prevention. (b) “Education provider” means: (A) A community co…

The state police, sheriffs, constables and all police officers within the State of Oregon shall enforce all provisions of the Liquor Control Act and assist the Oregon Liquor and Cannabis Commission in detecting violations of that statute and apprehending offenders. Each such enfo…

Whenever any officer arrests any person for violation of the Liquor Control Act, the officer may take into possession all alcoholic liquor and other property which the person so arrested has in possession, or on the premises, which is apparently being used in violation of that st…

The county courts, district attorneys and municipal authorities, immediately upon the conviction of any licensee of the Oregon Liquor and Cannabis Commission of a violation of any provision of the Liquor Control Act or the violation of any other law of this state or ordinance of …

Any room, house, building, boat, structure or place of any kind where alcoholic liquor is sold, manufactured, bartered or given away in violation of the law, or where persons are permitted to resort for the purpose of drinking alcoholic beverages in violation of the law, or any p…

If it is proved that the owner of any building or premises knowingly has suffered the same to be used or occupied for the manufacture, sale or possession of alcoholic beverages, contrary to the provisions of the Liquor Control Act, such building or premises are subject to a lien …

The Attorney General, the Oregon Liquor and Cannabis Commission or its administrators, or the district attorney of the county wherein a nuisance as defined in ORS 471.620 exists, or where it has existed but has temporarily ceased and there is good and sufficient cause to believe …

(1) After a suit is commenced under ORS 471.630, application for a temporary injunction may be made to the court, which shall grant a hearing thereon within 10 days. Where such application has been made, the court, on application of the plaintiff, may issue an ex parte order rest…

The restraining order may be served by delivering a copy to any person in charge of such place or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to such place. The officer serving the order may ente…

If a temporary injunction is granted, the court may issue further restraining orders as described in ORS 471.635; and forthwith may issue an order closing such place against its use for any purpose until the final decision, or the court may allow such place to be occupied or used…

If a judgment against the defendants is granted, the court shall order that the place constituting the nuisance be closed for a period not exceeding two years, or closed for a part of said time, and until the owner, lessee, tenant or occupant thereof gives a bond or letter of cre…

(1) The owner of any property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the trial and show cause why the court should cancel or refrain from issuing any judgment orders as against the owner. In order to obt…

Upon conviction for violation of ORS 471.475, the premises upon which the violation has occurred shall be declared to be a common nuisance and subject to abatement proceedings as provided by ORS 471.605 to 471.655. Any person who knowingly suffers or permits such nuisance to exis…

(1) When any peace officer discovers any person in the act of transporting alcoholic liquors in violation of law, in or upon any vehicle, boat or aircraft, or conveyance of any kind, the officer may seize any alcoholic liquor found therein, take possession of the vehicle or conve…

(1) The court, upon conviction of the person arrested under ORS 471.660, shall order the alcoholic liquor delivered to the Oregon Liquor and Cannabis Commission, and shall, subject to the ownership rights of innocent third parties, order a sale at public auction by the sheriff of…

A person may not forcibly resist lawful arrest, or by physical contact recklessly interfere with an investigation of any infringement of the Liquor Control Act or with any lawful search or seizure being made by a peace officer or a regulatory specialist if the person knows or sho…

In any prosecution for the sale of alcoholic liquor it is not necessary to prove the exact variety, or to mention the quantity of alcoholic liquor sold, except in the case where the variety or quantity is essential to establish the offense. As regards quantity it is sufficient to…

In case of invasion, disaster, insurrection, riot, or imminent danger thereof, the Governor may, for the duration of such invasion, disaster, insurrection, riot, or imminent danger thereof, immediately suspend without notice any license in the area involved granted under the prov…

(1) The Oregon Liquor and Cannabis Commission may require each applicant for a full or limited on-premises sales license to submit to fingerprinting. If the applicant is a corporation, the fingerprints of each officer, director and major stockholder of the corporation may be requ…

In carrying out its duties under ORS 471.315, the Oregon Liquor and Cannabis Commission shall not suspend or cancel a license on grounds of any violation of ORS 167.108 to 167.164 until: (1) The licensee has been convicted thereof in a court of competent jurisdiction; or (2) An e…

(1) The police shall notify the Oregon Liquor and Cannabis Commission of the name of the alleged provider of alcoholic liquor when: (a) The police investigate any motor vehicle accident where someone other than the operator is injured or incurs property damage; (b) The operator a…

(1) There is created the Oregon Liquor and Cannabis Commission, consisting of nine commissioners appointed by the Governor. One commissioner must be from among the residents of each congressional district of this state. One additional commissioner must be from eastern Oregon. One…

(1) The Governor may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving to the commissioner a copy of the charges made and an opportunity of being publicly heard in person or by counsel, in the commissioner’s own defense, upon not less than…

(1) The member from the food and alcoholic beverage retail industry shall not serve as chairperson. The chairperson shall preside at all meetings of the Oregon Liquor and Cannabis Commission or, in the chairperson’s absence, some other member may serve as chairperson. (2) The com…