Chapter 471 — Alcoholic Liquors Generally

 

2023 EDITION

 

 

TITLE 37

ALCOHOLIC LIQUORS; CONTROLLED SUBSTANCES; DRUGS

 

Chapter     471.     Alcoholic Liquors Generally

                  473.     Wine, Cider and Malt Beverage Privilege Tax

                  474.     Trade Practices Relating to Malt Beverages

                  475.     Controlled Substances; Illegal Drug Cleanup; Miscellaneous Drugs; Paraphernalia; Precursors

                  475A.  Psilocybin Regulation

                  475C.  Cannabis Regulation

_______________

 

ALCOHOLIC LIQUORS GENERALLY

 

LIQUOR; DRUGS

 

GENERAL PROVISIONS

 

471.001     Definitions for ORS chapters 471 and 473

 

471.023     “Cider” defined

 

471.027     Short title

 

471.030     Purpose of Liquor Control Act

 

471.035     Certain products excepted from liquor laws

 

471.037     Homemade beer, wine and fermented fruit juice exemption from liquor laws

 

471.038     Nonbeverage food products

 

471.039     Certain cruise ships exempt from liquor laws

 

471.040     General powers and duties of the commission; rules; delegation

 

471.045     Liquor laws supersede and repeal inconsistent charters and ordinances

 

PURCHASER’S QUALIFICATIONS AND IDENTIFICATION

 

471.105     Purchaser’s qualifications

 

471.115     Limitations on purchasing may be imposed

 

471.130     Requiring statement of age or identification from certain purchasers

 

471.135     False statement of age; statement of age as defense

 

LIQUOR LICENSES

 

(Generally)

 

471.155     Commission’s licensing duties; bonds

 

471.157     Licenses issuable

 

471.159     Enclosure of licensed premises

 

471.162     Exemptions from license requirement

 

(Authority of Cities and Counties)

 

471.164     Authority of cities and counties over establishments that offer entertainment or serve alcoholic beverages

 

471.166     Local government recommendations on license issuance and renewal; rules; fees

 

(Mandatory Liability Insurance)

 

471.168     Certain licensees required to maintain liquor liability insurance or bond; rules

 

(Retail Licenses)

 

471.175     Full on-premises sales license; rules

 

471.176     Sale of mixed drinks and single servings of wine by holder of full on-premises sales license; rules

 

471.178     Limited on-premises sales license; rules

 

471.180     In-room supply of alcoholic beverages by hotel or arena

 

471.182     Issuance of full or limited on-premises sales license to public passenger carrier; airline storage facilities

 

471.184     Catering and other temporary off-premises service under full or limited on-premises sales license; rules

 

471.186     Off-premises sales license; deliveries to retail customers; rules

 

471.190     Temporary sales license; rules

 

471.192     Purchases by Indian tribe

 

471.194     Purchases by airline

 

(Brewery-Public House License)

 

471.200     Brewery-public house license; rules

 

(Manufacturing and Wholesale Licenses)

 

471.221     Brewery license; rules

 

471.223     Winery license

 

471.227     Grower sales privilege license

 

471.230     Distillery license

 

471.235     Wholesale malt beverage and wine license

 

471.242     Warehouse license

 

(Certificates of Approval)

 

471.244     Certificates of approval for malt beverages, cider or wine; special certificates of approval

 

471.251     Certificates of approval for distilled liquor; rules

 

(Use of Premises for Additional Activities)

 

471.268     Homemade malt beverages and wines at licensed premises

 

(Human Trafficking at Premises)

 

471.271     Requirement to report human trafficking at licensed premises; rules

 

SHIPMENT AND DISTRIBUTION OF MALT BEVERAGES, WINE AND CIDER

 

(Distribution to Malt Beverage, Wine and Cider Retail Licensees)

 

471.272     Manner of shipping or transporting malt beverages, wine or cider

 

471.274     Direct to retailer permit

 

(Direct Shipment of Malt Beverages, Wine and Cider to Consumer)

 

471.282     Direct shipper permit; fees

 

LICENSING PROCEDURES

 

(Generally)

 

471.292     Characteristics of license

 

471.294     License terms; licenses issued for less than year; determination of fees

 

471.297     Temporary letter of authority on change of ownership; revocation

 

471.305     Delivery of alcoholic beverages

 

471.310     Cities, counties as licensees

 

(Application for License)

 

471.311     Application for license; rules; fees

 

471.313     Grounds for refusing to issue license, certificate or permit, or for issuing restricted license, certificate or permit

 

(Cancellation, Suspension, Restriction or Lapse of License, Certificate or Permit; Mandatory Training; Civil Penalties)

 

471.315     Grounds for cancellation, suspension or restriction of license, certificate or permit, requiring training or imposing civil penalty

 

471.316     Mandatory suspension if licensee fails to prevent certain unlawful drug use or sales on premises; civil penalty

 

471.318     Commission authority following lapse, suspension or revocation

 

471.322     Civil penalty in lieu of or in addition to short-term suspension of certain licenses and permits; limits on amount

 

471.326     Refund of civil penalty if suspension not sustained on judicial review

 

471.327     Civil penalty in addition to or in lieu of suspending certain other licenses, permits or certificates

 

(Miscellaneous Provisions Relating to Denial, Suspension or Cancellation of License)

 

471.329     Serious and persistent problems involving noise as grounds for discipline of licensee or applicant

 

471.331     Notice to licensee when refusal to renew or suspension or cancellation of license based on adverse neighborhood impact; no stay of order

 

471.333     Effect of sanitation violations

 

(Sales and Deliveries of Alcoholic Beverages to Minors by Licensees)

 

471.341     Mandatory clerk training course for employees of off-premises sales licensees; rules; fees; civil penalty

 

471.342     Acquisition and use of age verification equipment in lieu of other penalty

 

471.344     Responsible vendor program; rules

 

471.346     Uniform standards for minor decoy operations; rules

 

(Examination of Books and Premises of Licensees)

 

471.351     Examination of books and premises of licensees

 

SERVICE PERMITS

 

471.360     Service permit required; waiver; penalty

 

471.365     Characteristics of permit; verification of identity of permittee

 

471.370     Expiration

 

471.375     Application; requirements; fee

 

471.380     Grounds for refusing to issue permit; request for hearing

 

471.385     Grounds for revoking or suspending permit or imposing civil penalty; responsibility of licensee

 

“TIED HOUSE” PROHIBITIONS

 

471.392           Definitions for ORS 471.392 to 471.400

 

471.394           Prohibition on sales at both wholesale and retail; prohibition on financial connection between retailer and wholesaler

 

471.396           Exceptions to prohibition on financial connection between wholesaler and retailer

 

471.398           Prohibition of financial assistance from wholesaler to retailer

 

471.400           Exceptions to prohibition of financial assistance; rules

 

471.401           Purchase of alcoholic liquor advertising space or time from retail licensee

 

471.402           Sample tastings authorized

 

PROHIBITIONS RELATING TO LIQUOR

 

471.403           License required to produce alcoholic liquor; exception

 

471.404           Importing liquor without license prohibited; exceptions; fee

 

471.405           Prohibited sales, purchases, possession, transportation, importation or solicitation in general; forfeiture upon conviction

 

471.406           Activities covered by prohibitions on sale of alcoholic beverages

 

471.407           Offer of alcoholic beverages as inducement to make purchases

 

471.408           Alcoholic liquor may not be given as prize; exception

 

471.410           Providing liquor to person under 21 or to intoxicated person; allowing consumption by minor on property; mandatory minimum penalties

 

471.412           Allowing visibly intoxicated person to consume alcoholic beverages; good faith effort; effect on other liability; letters of reprimand

 

471.425           Misrepresentations by licensee and others; maintenance of disorderly establishment

 

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

 

471.432           Examination for problem condition involving alcohol upon conviction; treatment program

 

471.434           Immunity for violation of ORS 471.430 when reporting sexual assault crime

 

471.440           Manufacture, fermentation or possession of mash, wort or wash; establishment or operation of distillery without license; prima facie evidence

 

471.442           Wine compliance with standards

 

471.445           Use of misleading mark or label on container; mixing liquors

 

471.446           Seals on wine and cider containers; improper labeling; injurious or adulterated ingredients

 

471.473           Liquor store business loss compensation

 

471.475           Mixing, storing or serving of liquor without license

 

471.480           Sale of liquor by certain employees 18 years of age or older; minimum age requirements

 

471.482           Sale or service of liquor by employees 18 years of age or older generally; rules; minimum age requirements

 

471.485           Payment required on or before delivery of liquor

 

471.490           Delivery or acceptance of instrument drawn upon insufficient funds or not payable according to terms; use of credit

 

471.495           Report by wholesaler of instruments not paid on presentment required

 

471.500           Application of ORS 471.485 to 471.495

 

471.501           Malt beverage container refunds

 

LOCAL OPTION

 

471.506           Petition and election for local option

 

471.510           Sales not affected by local option laws

 

471.515           Effective date of local option

 

THIRD-PARTY DELIVERY FACILITATORS

 

471.521           Definitions for ORS 471.521 to 471.537

 

471.524           Third-party delivery facilitator employee or contractor requirements; training; penalties

 

471.527           Third-party delivery facilitator training program; rules

 

471.531           Oregon Liquor and Cannabis Commission rules regarding delivery of alcoholic beverages

 

471.534           Third-party delivery facilitator permit; grounds to refuse to issue, suspend or revoke permit; rules

 

471.537           Criminal and civil penalties

 

ALCOHOL EDUCATION PROGRAM

 

471.541           Alcohol Education Program

 

471.542           Alcohol server education course and examination; exemption; fees; rules

 

471.547           Alcohol Server Education Advisory Committee; members; purpose

 

471.549           Civil penalty

 

WARNING SIGNS RELATED TO ALCOHOL AND PREGNANCY

 

471.551           Warning signs required; contents; size; display

 

471.553           Consultation with certain groups on production and posting of signs

 

471.557           Solicitation of private funds

 

471.559           Violations; penalty

 

471.561           Production and distribution of signs

 

LIABILITY FOR PROVIDING OR

SERVING ALCOHOLIC BEVERAGES

TO INTOXICATED PERSON OR MINOR

 

471.565           Liability for providing or serving alcoholic beverages to intoxicated person; notice of claim

 

471.567           Liability for providing alcoholic beverages to minor; liability of minor for misrepresentation of age

 

USE OF ALCOHOLIC BEVERAGES

IN CAREER EDUCATION

OF MINOR

 

471.575           School district culinary arts classes

 

471.580           Education provider food or beverage career programs

 

ENFORCEMENT OF LIQUOR LAWS

 

471.605           Duty of officers to enforce and to inform district attorney

 

471.610           Confiscation of liquor and property by commission

 

471.615           Duty to notify commission of conviction of licensee

 

471.620           Property and places as common nuisances

 

471.625           Lien on place used to unlawfully handle liquor

 

471.630           Authority to abate nuisance

 

471.635           Issuance of restraining order

 

471.640           Service of restraining order

 

471.645           Temporary injunction

 

471.650           Nature of permanent injunction

 

471.655           Owner may defend; evidence concerning nuisance

 

471.657           Confiscation and forfeiture for violation of ORS 471.475

 

471.660           Seizure of conveyance transporting liquor and liquor therein; notice to owner; return of conveyance; costs

 

471.666           Disposal of seized liquor and of vehicle or other conveyance

 

471.675           Resisting arrest or interfering with enforcement

 

471.680           Allegation and proof in prosecutions

 

471.685           Governor authorized to suspend license

 

471.695           Fingerprinting of license applicants and certain commission employees; criminal records check

 

471.700           Revocation of license on gambling conviction

 

471.703           Police notice to commission or social host when certain persons involved in motor vehicle accidents; content; commission duty

 

ORGANIZATION, POWERS AND DUTIES OF COMMISSION

 

471.705           Oregon Liquor and Cannabis Commission; qualifications; compensation; term; confirmation

 

471.710           Removal; prohibited interests of commissioner and employee; rules

 

471.715           Chairperson; meetings; quorum

 

471.720           Administrator; other personnel

 

471.725           Buying, leasing, contracting and borrowing powers of commission

 

471.730           Regulatory powers of commission

 

471.732           Policy relating to sanitation in licensed premises

 

471.735           Testing and seizure of wines

 

471.737           Vermouth sales

 

471.740           Exclusive right of commission to handle certain liquors

 

471.745           Fixing prices and selling liquor

 

471.747           Granulated alcohol

 

471.750           Liquor stores and warehouses; operation; sales; advertising; rules

 

471.752           Agent participation in programs for state employees; preference of spouse or child of deceased agent or agent with disability

 

471.753           Agent compensation

 

471.754           Commission to develop recycling education materials

 

471.757           Statement of financial interest in business of licensee

 

471.760           Subpoena; oaths; depositions

 

471.765           Procedure when person refuses to testify or produce books

 

471.770           Self-incrimination as a basis for refusing to testify or produce books

 

471.775           Service of subpoenas; regulatory specialist authority and prohibitions

 

471.790           Commissioners not liable for official acts; commission funds entitled to priority

 

471.795           Purchase and use of liquor by member or employee of commission

 

471.800           Restrictions on out-of-state wine; imposition

 

471.802           Wine label designation of American viticultural area; rules

 

471.805           Disposition of moneys; revolving fund; agent deposits

 

471.810           Distribution of available moneys in Oregon Liquor and Cannabis Commission Account

 

471.817           Alternative transportation organization to report annually

 

PENALTIES

 

471.990           Penalties

 

GENERAL PROVISIONS

 

      471.001 Definitions for ORS chapters 471 and 473. As used in this chapter and ORS chapter 473:

      (1) “Alcoholic beverage” and “alcoholic liquor” mean any liquid or solid containing more than one-half of one percent 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;

      (b) That has kitchen facilities adequate for the preparation and serving of meals;

      (c) That has dining facilities adequate for the serving and consumption of meals; and

      (d) That:

      (A) If not a for-profit private club, serves meals to the general public; or

      (B) If a for-profit private club, serves meals to the club’s members and guests and complies with any minimum membership and food service requirements established by Oregon Liquor and Cannabis Commission rules.

      (3) “Commission” means the Oregon Liquor and Cannabis Commission.

      (4) “Distilled liquor” means any alcoholic beverage other than a wine, cider or malt beverage. “Distilled liquor” includes distilled spirits.

      (5) “Licensee” means any person holding a license issued under this chapter.

      (6)(a) “Malt beverage” means beer, ale, porter, stout and other similar fermented beverages that contain more than one-half of one percent and not more than 16 percent of alcohol by volume and that are brewed or produced from malt, wholly or in part, or from rice, grain, bran, glucose, sugar or molasses as a substitute for malt.

      (b) “Malt beverage” does not include cider, mead, sake or wine.

      (7) “Manufacturer” means every person who produces, brews, ferments, manufactures or blends an alcoholic beverage within this state or who imports or causes to be imported into this state an alcoholic beverage for sale or distribution within the state.

      (8) “Permittee” means a person holding a permit issued under ORS 471.360 to 471.385.

      (9) “Premises” or “licensed premises” means a location licensed under this chapter and includes all enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms, including all public and private areas where patrons are permitted to be present. “Premises” or “licensed premises” includes areas outside of a building that the commission has specifically designated as approved for alcoholic beverage service or consumption.

      (10) “Regulatory specialist” means a full-time employee of the commission who is authorized to act as an agent of the commission in conducting inspections or investigations, making arrests and seizures, aiding in prosecutions for offenses, issuing citations for violations and otherwise enforcing this chapter, ORS 474.005 to 474.095, 474.115, 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648, commission rules and any other statutes the commission considers related to regulating liquor, marijuana or marijuana-derived products.

      (11) “Wine” means any fermented vinous liquor or fruit juice, or other fermented beverage fit for beverage purposes that is not a malt beverage, containing more than one-half of one percent of alcohol by volume and not more than 21 percent of alcohol by volume. “Wine” includes fortified wine. “Wine” does not include cider. [1995 c.301 §2; 1999 c.351 §42; 2005 c.100 §1; 2010 c.33 §1; 2012 c.54 §1; 2015 c.614 §160; 2016 c.24 §19; 2021 c.180 §4; 2021 c.351 §38]

 

      471.005 [Amended by 1965 c.280 §1; repealed by 1995 c.301 §33]

 

      471.010 [Amended by 1979 c.236 §5; repealed by 1995 c.301 §33]

 

      471.015 [Amended by 1975 c.207 §1; 1979 c.236 §6; repealed by 1995 c.301 §33]

 

      471.017 [1975 c.207 §4; 1995 c.301 §53; repealed by 1999 c.351 §13 (471.159 enacted in lieu of 471.017)]

 

      471.020 [Repealed by 1979 c.264 §14]

 

      471.022 [1979 c.264 §3; 1995 c.301 §13; repealed by 1999 c.351 §41]

 

      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]

 

      471.025 [Repealed by 1995 c.301 §7 (471.406 enacted in lieu of 471.025)]

 

      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]

 

      471.030 Purpose of Liquor Control Act. (1) The Liquor Control Act shall be liberally construed so as:

      (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 of alcoholic beverages.

      (c) To protect the safety, welfare, health, peace and morals of the people of the state.

      (2) Consistent with subsection (1) of this section, it is the policy of this state to encourage the development of all Oregon industry.

 

      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.

 

      471.037 Homemade beer, wine and fermented fruit juice exemption from liquor laws. (1) As used in this section and ORS 471.268:

      (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 of the following:

      (i) A tax deduction or credit for donating beer, wine or fermented fruit juice to a nonprofit organization.

      (ii) An event admission charge or club or organization dues, if the amount of the admission charge or dues is independent of the amount of alcoholic beverages to be provided or consumed at the event or through club or organization activities.

      (iii) A prize awarded at a state or county fair or other organized judging, tasting, exhibition, contest or competition at which consumption of a submitted beer, wine or fermented fruit juice is without charge and only by the entrants, submitters, judges, exhibitors, contestants or competitors.

      (iv) Homemade beers, wines or fermented fruit juices made by other persons.

      (v) Beer, wine or fermented fruit juice ingredients.

      (vi) Wages and salaries paid by an educational organization for teaching brewing, winemaking, fermentation science or fermentation processes.

      (vii) The receipt of donated homemade beers, wines or fermented fruit juices by a nonprofit or charitable organization registered in this state for sale at an auction under ORS 471.162 (6), or the proceeds received by the organization from selling those donated homemade beers, wines or fermented fruit juices at an auction under ORS 471.162 (6).

      (b) “Homemade” means made for noncommercial purposes.

      (c) “Noncommercial” means not dependent or conditioned upon the provision or receipt of financial consideration.

      (2) Except as provided in subsection (3) of this section, the Liquor Control Act does not apply to the following:

      (a) The making of homemade beer, wine or fermented fruit juice, if the total of beer, wine and fermented fruit juice produced during a calendar year does not exceed:

      (A) One hundred gallons in a household having one person who is 21 years of age or older; or

      (B) Two hundred gallons in a household having two or more persons who are 21 years of age or older.

      (b) The keeping, storage or transportation of homemade beer, wine or fermented fruit juice.

      (c) The possession of mash, wort or wash, for the purpose of making homemade beer, wine or fermented fruit juice.

      (d) Except as provided in ORS 471.268, the noncommercial consumption at any location of homemade beer, wine or fermented fruit juice.

      (3) Subsection (2) of this section does not exempt any person from ORS 471.410, 471.430 or 471.432. [2011 c.12 §2; 2017 c.533 §4]

 

      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 more than one-half of one percent 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.

      (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 are visibly intoxicated.

      (3) Nonbeverage food products described in subsection (6) of this section may be imported, stored and distributed in this state without a license issued by the commission. Nonbeverage food products described in subsection (6) of this section are not subject to the privilege taxes imposed by ORS chapter 473.

      (4) Manufacturers of nonbeverage food products described in subsection (6) of this section are not subject to the provisions of ORS 471.392 to 471.400, 471.485, 471.490 or 471.495 or any other provision of this chapter relating to manufacturers of alcoholic liquor. A manufacturer of nonbeverage food products described in subsection (6) of this section may sell and deliver the product directly to a licensee authorized under this section to sell the product at retail.

      (5) The holder of a distillery license issued under ORS 471.230 who is also a manufacturer of nonbeverage food products described in subsection (6) of this section may purchase distilled liquor directly from other distilleries.

      (6) The provisions of this section apply only to nonbeverage food products that contain not more than five percent alcohol by weight or 10 percent alcohol by volume, whichever is greater. [1995 c.250 §2; 1997 c.249 §169; 1997 c.258 §1; 1999 c.351 §43; 2021 c.351 §39]

 

      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.

      (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 onboard consumption by a cruise ship’s passengers, guests, officers and employees.

      (4) For the purposes of this section, “cruise ship” means a marine vessel used primarily for nonfishing purposes that is licensed to carry at least 500 passengers, provides overnight accommodations for those passengers and operates on the rivers or waterways within the boundaries of the State of Oregon, including docking and dry docking, fewer than 45 days during a calendar year. [1997 c.256 §2; 1999 c.351 §44; 2021 c.351 §40]

 

      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.

      (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]

 

      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.

 

PURCHASER’S QUALIFICATIONS AND IDENTIFICATION

 

      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]

 

      471.110 [Amended by 1961 c.259 §3; repealed by 1967 c.577 §10]

 

      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]

 

      471.120 [Repealed by 1967 c.577 §10]

 

      471.125 [Amended by 1967 c.577 §2; repealed by 1971 c.159 §9]

 

      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:

      (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.

      (d) A United States military identification card.

      (e) An identification card issued by a federally recognized Indian tribe.

      (f) Any other identification card issued by a state or territory of the United States or province or territory of Canada that bears a picture of the person, the name of the person, the person’s date of birth and a physical description of the person.

      (g) Proof of the person’s participation in the Secure Electronic Network for Travelers Rapid Inspection program operated by United States Customs and Border Protection, the NEXUS program jointly operated by that agency and the Canada Border Services Agency, or a successor to either of those programs that is recognized by the Oregon Liquor and Cannabis Commission.

      (h) Any other form of identification as defined by the commission by rule.

      (2) If a person does not have identification as described in subsection (1) of this section, the permittee or licensee shall require the person to make a written statement of age and furnish evidence of the person’s true age and identity. The written statement of age shall be on a form furnished or approved by the commission, including but not limited to the following information:

______________________________________________________________________________

 

                                                                                                  Date ______

I am 21 years of age or over.                                                              ______

                                                                                                            Signature

  Description of evidence in support of age and identity:

___Identification No. (if any) ___

___Identification No. (if any) ___

 

       (Fill in information pertaining to any two or more pieces of evidence submitted by the person.)

       I hereby certify that I have accurately recorded identification of the evidence submitted to complete this form.

 

                        ___________________

                        Signature of permittee or licensee

 

      A person under 21 years of age who knowingly misrepresents the person’s true age with the intent of obtaining alcohol in violation of ORS chapter 471 may be subject to criminal penalties under ORS 165.805.

______________________________________________________________________________ [Amended by 1955 c.525 §1; 1961 c.687 §4; 1967 c.171 §1; 1967 c.577 §7; 1979 c.313 §1; 1983 c.338 §939; 1995 c.44 §1; 1999 c.526 §1; 2001 c.785 §6; 2003 c.225 §1; 2017 c.533 §5; 2019 c.658 §1; 2021 c.180 §5; 2021 c.351 §44a]

 

      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.

      (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 for sale or service of alcoholic liquor to a person not having reached 21 years of age, the permittee or licensee shall be found to have committed no crime or other wrong unless it is demonstrated that a reasonable person would have determined that the identification exhibited was altered or did not accurately describe the person to whom the alcoholic liquor was sold or served. [Amended by 1955 c.525 §2; 1967 c.53 §1; 1979 c.313 §2]

 

      471.140 [1961 c.687 §2; 1963 c.93 §3; 1971 c.433 §1; repealed by 1979 c.313 §10]

 

      471.143 [1963 c.93 §2; 1967 c.569 §1; 1971 c.159 §2; 1979 c.313 §4; repealed by 1979 c.313 §11]

 

      471.145 [1961 c.687 §§3,6; 1963 c.93 §4; repealed by 1979 c.313 §11]

 

      471.150 [1961 c.687 §7; 1963 c.93 §5; 1967 c.569 §2; 1971 c.159 §3; repealed by 1979 c.313 §11]

 

LIQUOR LICENSES

 

(Generally)

 

      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.

      (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 this section, the equivalent value in cash, bank letters of credit recognized by the State Treasurer or negotiable securities of a character approved by the State Treasurer. The deposit is to be made in a bank or trust company for the benefit of the commission. Interest on deposited funds or securities shall accrue to the depositor. [Formerly 471.210; 2007 c.637 §1; 2007 c.651 §5a; 2021 c.351 §45; 2023 c.391 §1]

 

      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]

 

      471.159 Enclosure of licensed premises. (1) The Oregon Liquor and Cannabis Commission may not license a location that does not have defined boundaries.

      (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 that are mobile. [1999 c.351 §14 (enacted in lieu of 471.017); 2021 c.351 §47]

 

      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.

      (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 alcoholic beverages without a license under this subsection must have six or fewer guest units.

      (3) A person who is an employee or agent of the holder of a license issued under this chapter that authorizes wholesale distribution of alcoholic beverages may, on behalf of the licensee, sell alcoholic beverages in factory-sealed containers to retail licensees and wholesalers.

      (4) A pharmacist licensed under the laws of this state may sell alcoholic beverages without a license. Pharmacists may only sell alcoholic beverages under the provisions of this section if the alcoholic beverages are drugs as defined in ORS 689.005. A pharmacist may sell alcoholic beverages under the provisions of this subsection pursuant to a prescription, in containers of not more than one quart capacity.

      (5) A wine collector, or the agent of a wine collector, may sell wine in factory-sealed containers at auction without a license. Any wine sold under this subsection must have been held by the collector for at least a six-month period. A wine collector must receive written approval from the Oregon Liquor and Cannabis Commission before conducting a sale under this subsection. No more than one sale in a 12-month period may be conducted by a wine collector under the provisions of this subsection.

      (6)(a) As used in this subsection, “homemade” has the meaning given that term in ORS 471.037.

      (b) A nonprofit or charitable organization registered in this state may sell, including but not limited to through an auction or raffle, alcoholic beverages for up to 45 days in a calendar year without a license issued under this chapter, subject to paragraphs (c) to (f) of this subsection.

      (c) Prior to selling or offering for sale an alcoholic beverage, the organization must obtain written approval from the commission to sell or offer for sale an alcoholic beverage on any day on which the organization wishes to sell or offer for sale alcoholic beverages under this subsection.

      (d) The organization may sell malt beverages, wine, cider and distilled liquor purchased by or donated to the organization. Except for donated homemade malt beverages, wine and fermented fruit juices, the purchased or donated malt beverages, wine, cider and distilled liquor must be imported into this state by the commission or be manufactured in or imported into this state under a brewery, brewery-public house, distillery, grower sales privilege, winery or wholesale malt beverage and wine license.

      (e) The organization may sell:

      (A) Malt beverages, wine, cider, distilled liquor and donated homemade malt beverages, wine and fermented fruit juices by the drink for on-premises consumption;

      (B) Malt beverages, wine, cider and donated homemade malt beverages, wine and fermented fruit juices in factory-sealed containers or securely covered containers for off-premises consumption; and

      (C) Up to a total of four liters per calendar year of distilled liquor in factory-sealed containers for off-premises consumption.

      (f) The organization may deliver or arrange for the delivery of alcoholic beverages sold for off-premises consumption as described in this subsection.

      (7) A manufacturer may sell proprietary or patent medicines, perfumes, lotions, flavoring extracts, medicinal tinctures and other preparations unfit for beverage purposes without a license. [1999 c.351 §10; 2012 c.16 §1; 2017 c.533 §6; 2021 c.180 §6; 2021 c.351 §48]

 

(Authority of Cities and Counties)

 

      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.

      (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]

 

      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.

      (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 favorable recommendation with the commission within 45 days after the notice is given, the commission shall proceed with consideration of the application. The commission shall proceed with consideration of the application as though the local government had made a favorable recommendation unless, within 45 days after notice is given to the local government:

      (a) The local government files an unfavorable recommendation with the commission with a statement of the grounds for the unfavorable recommendation; or

      (b) The local government files a request for additional time with the commission that sets forth the reason additional time is needed by the local government, a statement that the local government is considering making an unfavorable recommendation on the application, and the specific grounds on which the local government is considering making an unfavorable recommendation.

      (3) If the commission requires that an applicant for renewal of a license acquire the written recommendation of a local government under this section, the commission shall give notice to the local government when an application is due for renewal of the license. If the local government files a favorable recommendation with the commission within 60 days after the notice is given, the commission shall proceed with consideration of the application. The commission shall proceed with consideration of the application as though the local government had made a favorable recommendation unless within 60 days after notice is given to the local government:

      (a) The local government files an unfavorable recommendation with the commission with a statement of the grounds for the unfavorable recommendation; or

      (b) The local government files a request for additional time with the commission that sets forth the reason additional time is needed by the local government, a statement that the local government is considering making an unfavorable recommendation on the application, and the specific grounds on which the local government is considering making an unfavorable recommendation.

      (4) The commission shall suspend consideration of an application subject to this section for a reasonable period of time if a local government requests additional time under subsection (2)(b) or (3)(b) of this section and the grounds given by the local government are valid grounds for an unfavorable determination under this chapter or rules adopted by the commission. The commission shall by rule establish the period of time that shall be granted to a local government pursuant to a request under subsections (2)(b) and (3)(b) of this section.

      (5) The commission shall by rule establish valid grounds for unfavorable recommendations by local governments under this section. Valid grounds established by the commission under this section for an unfavorable recommendation by a local government must be limited to those grounds considered by the commission in making an unfavorable determination on a license application.

      (6) A person filing an application for issuance or renewal of a license that is subject to this section must remit to the local government the fees established under subsections (7) and (8) of this section. The commission shall give notice to the applicant for license renewal of the amount of the fees and the name of the local government collecting the fees. The commission is not responsible for collecting the fees charged by the local government or for ensuring that the fees have been paid. An applicant for a license renewal shall certify in the application form filed with the commission that the applicant has paid any fees required under this section.

      (7) An applicant required to seek a written recommendation from a local government must pay an application fee to the local government, in an amount determined by the governing body of the city or county, for each application for a license. The application fee established by a local government under this subsection may not exceed $25.

      (8) After public notice and hearing, the governing body of a city or county may adopt an ordinance, rule or resolution prescribing licensing guidelines to be followed in making recommendations on license applications under this chapter and in allowing opportunity for public comment on applications. If the guidelines are approved by the commission as consistent with commission rules, after public notice and hearing the governing body may adopt an ordinance, rule or regulation establishing a system of fees that is reasonable and necessary to pay expenses of processing the written recommendation. Processing fees under this subsection are in lieu of fees under subsection (7) of this section. In no case shall the processing fee under this subsection be greater than $100 for an original application, $75 for a change in ownership, change in location or change in privilege application, and $35 for a renewal or temporary application. [1999 c.351 §20; 2003 c.337 §1; 2021 c.351 §49]

 

(Mandatory Liability Insurance)

 

      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:

      (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 liability insurance or bond in an amount larger than the minimum amount provided for in subsection (1) of this section.

      (3) The requirements of this section apply to full on-premises sales licenses, limited on-premises sales licenses and brewery-public house licenses. The requirements of this section apply to temporary sales licenses, special events winery licenses, special events grower sales privilege licenses, special events brewery-public house licenses, special events brewery licenses and special events distillery licenses if the event that is licensed is open to the public and attendance at the event is anticipated to exceed 300 individuals per day.

      (4) The requirements of this section apply to winery licenses, brewery licenses and grower sales privilege licenses unless an applicant for issuance of the license or renewal of the license submits with the application for issuance or renewal of the license an affidavit that states that the licensee will not allow consumption of alcoholic beverages on the premises.

      (5) All licensees subject to the requirements of this section must supply proof of compliance at the time the license is issued or renewed. The commission by rule shall determine the manner in which proof of compliance may be made under the provisions of this subsection. The commission may require a licensee to present proof of compliance with liquor liability insurance and bond requirements at any time upon request of the commission.

      (6) Failure of a licensee to comply with liquor liability insurance or bond requirements imposed under this section constitutes a serious threat to public health and safety. In addition to any action available to the commission under ORS 471.313 or 471.315, the commission may immediately suspend or refuse renewal of a license as provided under ORS 183.430 (2) if the licensee fails to comply with those insurance or bond requirements.

      (7) If a licensee fails to provide proof of compliance with liquor liability insurance or bond requirements imposed under this section at the time of license renewal or when requested by the commission, the failure is sufficient reason for the commission to find for purposes of ORS 183.430 (2) that the licensee has failed to comply with the insurance or bond requirements. [Formerly 471.218; 2009 c.140 §1; 2009 c.237 §1; 2009 c.514 §1; 2016 c.3 §3; 2021 c.351 §50]

 

(Retail Licenses)

 

      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.

      (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 that does not qualify for licensing under paragraphs (a) to (c) of this subsection if:

      (A) Food is cooked and served at the location;

      (B) The predominant business activity at the location is other than the preparation or serving of food or the serving of alcohol; and

      (C) The location meets any minimum food service requirements established by Oregon Liquor and Cannabis Commission rule.

      (e) Caterer, subject to the requirements of ORS 471.184.

      (3) The holder of a full on-premises sales license shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the wine is served in conjunction with the patron’s meal, the patron is not a minor and the patron is not visibly intoxicated.

      (4) The holder of a full on-premises sales license may purchase any distilled liquor from an agent of the commission appointed pursuant to ORS 471.750 at a discount of not more than five percent off the regular listed price fixed by the commission, together with all taxes, in a manner prescribed by commission rule. For purposes of compensation by the commission, the appointed agent shall be credited with such sales at full retail cost. The commission may not require the licensee to purchase more than one container of distilled liquor at a time if the distilled liquor:

      (a) Except as provided in subsection (12) of this section, has a retail sales price of $30 or more per container;

      (b) Is available through a distributor in the United States that does not require the commission to acquire more than one case of the distilled liquor in a single transaction;

      (c) Is not regularly stocked by the commission; and

      (d) Is ordered in a 750 milliliter container size if available in that size.

      (5) The holder of a full on-premises sales license may purchase distilled liquor only from a retail sales agent of the commission or from another person licensed under this section who has purchased the distilled liquor from a retail sales agent of the commission.

      (6) The holder of a full on-premises sales license may purchase for sale at retail malt beverages, wine and cider only from a holder of a license or permit issued by the commission that authorizes sales of malt beverages, wine or cider at wholesale to licensees of the commission.

      (7) The holder of a full on-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in securely covered containers provided by the consumer that have capacities of not more than two gallons each.

      (8) The holder of a full on-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in factory-sealed containers.

      (9)(a) The holder of a full on-premises sales license may deliver malt beverages, wine and cider that are sold for off-premises consumption under the privileges of the license to retail customers in this state without a direct shipper permit issued under ORS 471.282. Any deliveries by the licensee are subject to any rules adopted by the commission relating to deliveries made under this subsection.

      (b) The holder of a full on-premises sales license that uses a third-party delivery facilitator to make deliveries under this subsection is not responsible for ensuring that the deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

      (10) On or before the 20th day of each month, the holder of a full on-premises sales license shall submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS 471.274 during the immediately preceding calendar month, and any other information required by the commission by rule.

      (11) A nonprofit private club, including but not limited to a fraternal or veterans organization, may qualify for a full on-premises sales license under this section only if the club meets any minimum membership, nonprofit status and food service requirements established by commission rule.

      (12) Beginning January 1, 2017, the commission may annually adjust the price threshold established in subsection (4)(a) of this section by a percentage equal to the percentage change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. However, the commission may not adjust the price threshold to be less than $30.

      (13) The commission may adopt rules to carry out this section. [1999 c.351 §2; 2001 c.104 §213; 2001 c.154 §1; 2010 c.33 §2; 2011 c.180 §1; 2013 c.32 §1; 2019 c.57 §27; 2021 c.180 §7; 2021 c.275 §3; 2021 c.351 §51; 2023 c.391 §2; 2023 c.539 §8]

 

      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:

      (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 or lid:

      (A) That is designed to prevent consumption of the contents of the container without removal of the cap or lid; or

      (B) That has a seal covering the holes or opening, if the cap or lid has sipping holes or an opening for a straw to allow consumption of the contents of the container without removal of the cap or lid.

      (2) Notwithstanding ORS 471.175, the holder of a full on-premises sales license may make retail sales of mixed drinks and single servings of wine for off-premises consumption if the mixed drink or single serving of wine is sold in a sealed container that meets the requirements of subsection (3) of this section. The retail sale must be made directly to the consumer although delivery may be made through a third party that provides a delivery service.

      (3) The cap or lid, and any seal, of the sealed container must be affixed to the container in a manner that makes it obvious when the cap or lid, and any seal, has been removed or broken. The cap or lid, and any seal, may be affixed with the use of tape or other adhesive.

      (4) The Oregon Liquor and Cannabis Commission may adopt rules to carry out this section, including rules establishing additional requirements for the retail sale of mixed drinks and single servings of wine for off-premises consumption. [2021 c.275 §2]

 

      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.

      (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 beverages, wine and cider in securely covered containers provided by the consumer and that have capacities of not more than two gallons each.

      (4)(a) The holder of a limited on-premises sales license may deliver malt beverages, wine and cider that are sold for off-premises consumption under the privileges of the license to retail customers in this state without a direct shipper permit issued under ORS 471.282. Any deliveries by the holder of a limited on-premises sales license are subject to any rules adopted by the commission relating to deliveries made under this subsection.

      (b) The holder of a limited on-premises sales license that uses a third-party delivery facilitator to make deliveries under this subsection is not responsible for ensuring that the deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

      (5) The holder of a limited on-premises sales license shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the wine is served in conjunction with the patron’s meal, the patron is not a minor and the patron is not visibly intoxicated.

      (6) The holder of a limited on-premises sales license may purchase for sale at retail malt beverages, wine and cider only from the holder of a license or permit issued by the commission that authorizes sales of malt beverages, wine or cider at wholesale to licensees of the commission.

      (7) On or before the 20th day of each month, the holder of a limited on-premises sales license shall submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS 471.274 during the immediately preceding calendar month, and any other information required by the commission by rule.

      (8) The commission may adopt rules to carry out this section. [1999 c.351 §3; 2001 c.154 §2; 2013 c.32 §2; 2021 c.180 §8; 2023 c.391 §3; 2023 c.539 §9]

 

      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]

 

      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.

      (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 trains in this state.

      (c) The owner or operator of one or more tour boats that are licensed to carry at least 40 passengers to or from any port of this state and that are primarily used for nonfishing purposes.

      (3) The commission may issue a limited on-premises sales license to any of the persons specified in subsection (2) of this section. In addition, the commission may issue a limited on-premises sales license to the owner or operator of a licensed public passenger carrier not described in subsection (2) of this section if the carrier is a mobile vehicle that is licensed to carry at least 40 passengers.

      (4) A license issued to a commercial airline under this section grants the licensee the privilege of accepting delivery and storing alcoholic liquor at designated storage facilities in this state for subsequent retail sale to the airline’s ticketed passengers while aboard a commercial airplane. Storage facilities described in this subsection are subject to the prior written approval of the commission if at a location other than the primary premises address listed on the license certificate. [1999 c.351 §4; 2019 c.373 §3; 2021 c.351 §53]

 

      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.

      (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) Require notice to the commission before the exercise of license privileges at temporary events under this subsection;

      (b) Require that written approval by the commission be obtained before the exercise of license privileges at temporary events under this subsection;

      (c) Establish eligibility criteria for the exercise of license privileges at temporary events under this subsection; and

      (d) Establish fees reasonably calculated to cover administrative expenses incurred by the commission in administering this subsection. [1999 c.351 §5; 2001 c.154 §3; 2021 c.180 §9; 2021 c.351 §54; 2023 c.391 §4]

 

      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.

      (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 sales license may provide sample tasting of alcoholic beverages on the licensed premises if the licensee applies in writing to the Oregon Liquor and Cannabis Commission and receives written approval from the commission to conduct tastings on the premises. Tastings must be limited to the alcoholic beverages that may be sold under the privileges of the license.

      (4) An off-premises sales license may not be issued for use at a premises that is mobile.

      (5) Except as provided in ORS 471.402, a manufacturer or wholesaler may not provide or pay for sample tastings of alcoholic beverages for the public on premises licensed under an off-premises sales license.

      (6)(a) The holder of an off-premises sales license may deliver malt beverages, wine or cider that is sold under the privileges of the license to retail customers in this state without a direct shipper permit issued under ORS 471.282. The holder of an off-premises sales license may use a contractor, an agent or employee of the holder, or may use a delivery person or a third-party delivery facilitator, to make the deliveries described in this subsection. Any deliveries by the holder of an off-premises sales license are subject to any rules adopted by the commission relating to deliveries made under this subsection.

      (b) The holder of an off-premises sales license shall ensure that deliveries under this subsection made by a contractor or an agent or employee of the holder:

      (A) Are made only to a person who is at least 21 years of age;

      (B) Are made only for personal use and not for the purpose of resale;

      (C) Are made in containers that are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY” or similar language adopted by the commission by rule; and

      (D) Are not completed unless the contractor, agent or employee making the delivery:

      (i) Obtains the signature of the recipient of the malt beverages, wine or cider upon delivery;

      (ii) Verifies by inspecting government-issued photo identification that the recipient is at least 21 years of age; and

      (iii) Determines that the recipient is not visibly intoxicated at the time of delivery.

      (c) The holder of an off-premises sales license that uses a third-party delivery facilitator to make deliveries under this subsection is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet the requirements of this subsection.

      (7) Any person who knowingly or negligently delivers malt beverages, wine or cider under the provisions of this section to a person under 21 years of age, or who knowingly or negligently delivers malt beverages, wine or cider under the provisions of this section to a visibly intoxicated person, violates ORS 471.410.

      (8) If a court determines that deliveries of malt beverages, wine or cider under subsection (6) of this section cannot be restricted to holders of off-premises sales licenses, and the decision is a final judgment that is no longer subject to appeal, the holder of an off-premises sales license may not make deliveries of malt beverages, wine or cider under the provisions of subsection (6) of this section after entry of the final judgment.

      (9) The holder of an off-premises sales license may purchase for sale at retail malt beverages, wine and cider only from the holder of a license or permit issued by the commission that authorizes sales of malt beverages, wine or cider at wholesale to licensees of the commission.

      (10) On or before the 20th day of each month, the holder of an offpremises sales license shall submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS 471.274 during the immediately preceding calendar month, and any other information required by the commission by rule.

      (11) The commission may adopt rules to carry out this section. [1999 c.351 §6; 2008 c.34 §1; 2013 c.32 §3; 2015 c.673 §1; 2021 c.180 §10; 2021 c.183 §1a; 2021 c.351 §55; 2023 c.391 §5; 2023 c.539 §10]

 

      471.190 Temporary sales license; rules. (1) The holder of a temporary sales license may:

      (a) Sell at retail by the drink wine, malt beverages, cider and distilled liquor.

      (b) Sell for consumption off the licensed premises wine, malt beverages and cider in factory-sealed containers.

      (c) Sell for consumption off the licensed premises wine, malt beverages and cider in securely covered containers supplied by the consumer and having capacities of not more than two gallons each.

      (2) Distilled liquor served by the holder of a temporary sales license must be purchased from a retail sales agent of the Oregon Liquor and Cannabis Commission. The holder of a temporary sales license must provide food service as required by commission rule.

      (3) A temporary sales license may be issued only to:

      (a) Nonprofit or charitable organizations that are registered with the state.

      (b) A political committee that has filed a statement of organization under ORS 260.039 or 260.042.

      (c) State agencies.

      (d) Local governments, and agencies and departments of local governments.

      (e) Persons not otherwise described in this subsection, as long as the applicant submits a plan that is approved by the commission detailing how minors will be prevented from gaining access to alcoholic beverages and how minors will be prevented from gaining access to any portion of the licensed premises prohibited to minors under ORS 471.430 (3) or any rule adopted by the commission.

      (4) The commission may by rule establish additional eligibility requirements for temporary sales licenses.

      (5) Subject to such qualifications as the commission may establish by rule, persons who hold a full or limited on-premises sales license are eligible for temporary sales licenses.

      (6) A temporary sales license issued to a person described in subsection (3)(a), (c) or (d) of this section authorizes the holder of the temporary sales license to:

      (a)(A)(i) Have on a single licensed premises more than one location at which wine, malt beverages or cider is sold at retail by the drink or for consumption off the licensed premises; and

      (ii) Have on a single licensed premises more than one location at which wine, malt beverages, cider or distilled liquor is sold at retail by the drink; or

      (B) Have up to three separate premises in this state licensed under the temporary sales license at which wine, malt beverages or cider is sold for consumption off the licensed premises; and

      (b) Operate for up to 30 days, whether or not the days are consecutive.

      (7) The commission may adopt rules to carry out subsection (6) of this section.

      (8) A person holding a temporary sales license is not required to obtain an intermittent temporary restaurant, seasonal temporary restaurant, single-event temporary restaurant license or mobile unit license under ORS chapter 624 if only wine, malt beverages and cider in single-service containers are served and only nonperishable food items that are exempted from licensure by the Oregon Health Authority are served.

      (9) Employees and volunteers serving alcoholic beverages for a nonprofit or charitable organization licensed under this section are not required to have service permits or to complete an alcohol server education program and examination under ORS 471.542. The commission by rule may establish education requirements for servers described in this subsection.

      (10) Notwithstanding ORS 471.392 to 471.400, a temporary sales license may be issued to a nonprofit trade association that has a membership primarily composed of persons that hold winery licenses issued under ORS 471.223 or grower sales privilege licenses issued under ORS 471.227.

      (11) The holder of a temporary sales license that uses a third-party delivery facilitator to make deliveries on behalf of the holder is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

      (12)(a) The holder of a temporary sales license may purchase for sale at retail malt beverages, wine and cider only from the holder of a license or permit issued by the commission that authorizes sales of malt beverages, wine or cider at wholesale to licensees of the commission.

      (b) The holder of a temporary sales license that is an entity described in subsection (3)(a) to (d) of this section may accept donations of malt beverages, wine or cider in accordance with rules adopted by the commission.

      (13) On or before the 20th day of each month, the holder of a temporary sales license shall submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS 471.274 during the immediately preceding calendar month, and any other information required by the commission by rule.

      (14) The commission may adopt rules to carry out this section. [1999 c.351 §7; 2001 c.263 §1; 2007 c.443 §2; 2009 c.595 §957; 2011 c.9 §63; 2011 c.664 §16; 2013 c.537 §2; 2021 c.115 §1; 2021 c.351 §56; 2023 c.391 §6; 2023 c.539 §11]

 

      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]

 

      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]

 

(Brewery-Public House License)

 

      471.200 Brewery-public house license; rules. (1) A brewery-public house license allows the licensee to:

      (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 or off the premises;

      (c) Sell malt beverages in brewery-sealed packages at retail directly to the consumer for consumption off the premises;

      (d) Sell on the licensed premises at retail malt beverages manufactured on or off the licensed premises in unpasteurized or pasteurized form directly to the consumer for consumption off the premises, delivery of which may be made in a securely covered container supplied by the consumer;

      (e) Sell wine and cider at retail for consumption on or off the premises;

      (f) Sell for consumption off the premises wines and cider in securely covered containers supplied by the consumer and having capacities of not more than two gallons each;

      (g) Conduct the activities, except manufacturing, described in paragraphs (a) to (f) of this subsection at two locations other than the premises where the manufacturing occurs;

      (h) Obtain a special events brewery-public house license entitling the holder to conduct the activities allowed under paragraphs (b) to (f) of this subsection at a designated location other than the location set forth in the brewery-public house license for a period not exceeding five days;

      (i) Distribute malt beverages manufactured at the licensed premises to any other premises licensed to the same licensee, whether a manufacturer, wholesaler or retail premises; and

      (j) Distribute for export, in any amount, malt beverages manufactured at the licensed premises.

      (2) In addition to the privileges specified in subsection (1) of this section, in any calendar year a brewery-public house licensee may sell at wholesale and distribute to licensees of the commission no more than 7,500 barrels of malt beverages produced by the brewery-public house licensee.

      (3) A brewery-public house licensee, or any person having an interest in the licensee, is a retail licensee for the purposes of ORS 471.394 and, except as otherwise provided by this section and ORS 471.396, may not acquire or hold any right, title, lien, claim or other interest, financial or otherwise, in, upon or to the premises, equipment, business or merchandise of any manufacturer or wholesaler, as defined in ORS 471.392. A brewery-public house licensee, or any person having an interest in the licensee, is also a manufacturer for the purposes of ORS 471.394 and, except as otherwise provided by this section and ORS 471.396, may not acquire or hold any right, title, lien, claim or other interest, financial or otherwise, in, upon or to the premises, equipment, business or merchandise of any other retail licensee, as defined in ORS 471.392.

      (4)(a) Except as provided in this subsection, a brewery-public house licensee, or any person having an interest in the licensee, is a retail licensee for the purposes of ORS 471.398 and, except as otherwise provided by this section and ORS 471.400, may not accept directly or indirectly any financial assistance described in ORS 471.398 from any manufacturer or wholesaler, as defined in ORS 471.392. A brewery-public house licensee, or any person having an interest in the licensee, is also a manufacturer for the purposes of ORS 471.398 and, except as otherwise provided by this section and ORS 471.400, may not provide directly or indirectly any financial assistance described in ORS 471.398 to any retail licensee, as defined in ORS 471.392. The prohibitions on financial assistance in ORS 471.398 do not apply to financial assistance between manufacturing and retail businesses licensed to the same person under the provisions of this section.

      (b) The commission may issue more than one brewery-public house license at a single premises if each licensee:

      (A) Has a valid Brewer’s Notice issued by the federal Alcohol and Tobacco Tax and Trade Bureau at the premises address; and

      (B) Otherwise complies with ORS 471.398.

      (c) A brewery-public house licensee may produce malt beverages for another brewery-public house licensee under a custom order agreement. The commission may adopt rules regarding the contents of custom order agreements.

      (5) Notwithstanding subsection (3) of this section, a brewery-public house licensee, or any person having an interest in the licensee, may also hold a winery license authorized by ORS 471.223. A brewery-public house licensee, or any person having an interest in the licensee, may also hold a warehouse license authorized by ORS 471.242.

      (6) Notwithstanding subsection (3) of this section, a brewery-public house licensee is eligible for limited on-premises sales licenses and temporary sales licenses.

      (7) Notwithstanding subsection (3) of this section, a brewery-public house licensee, or any person having an interest in the licensee, may also hold a full on-premises sales license. If a person holds both a brewery-public house license and a full on-premises sales license, nothing in this chapter shall prevent the sale by the licensee of both distilled liquor and malt beverages manufactured under the brewery-public house license.

      (8) Notwithstanding any other provision of this chapter, a brewery-public house licensee, or any person having an interest in the licensee, may also hold a distillery license. No provision of this chapter prevents a brewery-public house licensee that also holds a distillery license from being appointed by the commission as the distillery’s retail outlet agent for the purpose of selling distilled liquors under ORS 471.230.

      (9) Notwithstanding subsection (3) of this section, the commission by rule may authorize a brewery-public house licensee to coproduce special events with other manufacturers.

      (10)(a) Notwithstanding subsection (3) of this section, a brewery-public house licensee may hold, directly or indirectly, an interest in a manufacturer or wholesaler, provided that the interest does not result in exercise of control over, or participation in the management of, the manufacturer’s or wholesaler’s business or business decisions and does not result in exclusion of any competitor’s brand of alcoholic liquor.

      (b) Notwithstanding subsection (3) of this section, a manufacturer or wholesaler, and any officer, director or substantial stockholder of any corporate manufacturer or wholesaler, may hold, directly or indirectly, an interest in a brewery-public house licensee, provided that the interest does not result in exercise of control over, or participation in the management of, the licensee’s business or business decisions and does not result in exclusion of any competitor’s brand of alcoholic liquor.

      (11) A brewery-public house licensee may purchase for sale at retail:

      (a) Wine and cider only from the holder of a license or permit issued by the commission that authorizes the sale of wine or cider at wholesale to licensees of the commission; and

      (b) Malt beverages not manufactured by the brewery-public house licensee only from the holder of a license or permit issued by the commission that authorizes the sale of malt beverages at wholesale to licensees of the commission.

      (12) On or before the 20th day of each month, a brewery-public house licensee shall submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS 471.274 during the immediately preceding calendar month, and any other information required by the commission by rule.

      (13) For purposes of ORS chapter 473, a brewery-public house licensee shall be considered to be a manufacturer.

      (14) The holder of a brewery-public house license that uses a third-party delivery facilitator to make deliveries on behalf of the holder is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

      (15) The commission may adopt rules to carry out this section. [Formerly 471.253; 2003 c.15 §1; 2005 c.22 §344; 2007 c.134 §4; 2009 c.38 §1; 2009 c.140 §2; 2009 c.143 §1; 2013 c.32 §4; 2013 c.537 §3; 2015 c.443 §1; 2017 c.34 §1; 2017 c.533 §7; 2019 c.373 §4; 2021 c.351 §57; 2023 c.391 §7; 2023 c.539 §12]

 

      471.205 [Amended by 1999 c.351 §15; renumbered 471.403 in 1999]

 

      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]

 

      471.213 [1989 c.846 §16; renumbered 471.164 in 1999]

 

      471.215 [Amended by 1957 c.223 §1; 1995 c.301 §55; 1999 c.351 §45; renumbered 471.157 in 1999]

 

      471.217 [1967 c.173 §2; 1974 c.4 §1; 1977 c.332 §3; repealed by 1979 c.264 §14]

 

      471.218 [1997 c.841 §4; 1999 c.351 §22; renumbered 471.168 in 1999]

 

      471.220 [Amended by 1955 c.657 §1; 1977 c.332 §4; 1979 c.264 §4; 1987 c.608 §5; 1989 c.785 §11; 1991 c.545 §1; 1993 c.663 §1; 1995 c.301 §14; 1997 c.257 §1; 1999 c.351 §15b; 2011 c.123 §1; 2015 c.673 §2; repealed by 2016 c.3 §8]

 

(Manufacturing and Wholesale Licenses)

 

      471.221 Brewery license; rules. (1) As used in this section, “common control” means:

      (a) That a manufacturer, or any officer, director, substantial stockholder or other substantial equity holder in the manufacturer:

      (A) Directly or indirectly holds 50 percent or more interest in the brewery licensee; or

      (B) Has authority to direct the management of the brewery licensee; or

      (b) That a brewery licensee, or any officer, director, substantial stockholder or other substantial equity holder in the brewery licensee:

      (A) Directly or indirectly holds 50 percent or more interest in another manufacturer; or

      (B) Has authority to direct the management of another manufacturer.

      (2) A brewery license authorizes the licensee to:

      (a) Manufacture malt beverages on the licensed premises.

      (b) Sell to wholesale malt beverage and wine licensees, import, store, transport or export:

      (A) Malt beverages produced on the licensed premises; or

      (B) Malt beverages of a brand produced by a manufacturer that is under common control with the brewery licensee.

      (c) Sell wine, malt beverages or cider on the licensed premises at retail for consumption on or off the licensed premises.

      (d) Sell, in securely covered containers supplied by the consumer and having a capacity of not more than two gallons each, wine, malt beverages or cider for off-premises consumption.

      (e) Obtain a special events brewery license that entitles the holder to conduct the activities allowed under paragraphs (c) and (d) of this subsection at a designated location other than the one set forth in the brewery license for a period not exceeding five days.

      (f) Notwithstanding ORS 471.392 to 471.400, subject to ORS 471.175, hold a full on-premises sales license.

      (g) Conduct any activities authorized under paragraph (c), (d) or (f) of this subsection at up to two additional locations approved by the Oregon Liquor and Cannabis Commission.

      (3) Subject to ORS 471.235, a brewery licensee may hold a wholesale malt beverage and wine license. A brewery licensee must hold a wholesale malt beverage and wine license if the brewery licensee:

      (a) Imports, stores, transports or exports malt beverages of brands that are not produced by the licensee or a manufacturer under common control with the licensee; or

      (b) Except as provided in this paragraph, sells or distributes malt beverages. This paragraph does not apply to malt beverages described in subsection (2)(a) or (b) of this section sold at a licensed premises described in subsection (2)(a) of this section.

      (4) A brewery licensee and a winery licensee may not be under common control unless the winery licensee:

      (a) Uses its premises to produce wine or cider; and

      (b) Holds a valid producer and blender basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau.

      (5) Notwithstanding any other provision of this chapter, a brewery licensee, a manufacturer that is under common control with the brewery licensee or any officer, director, substantial stockholder or other substantial equity holder in the brewery licensee or in a manufacturer that is under common control with the brewery licensee may not sell malt beverages at retail at more than three locations in this state regardless of the number or type of licenses held by the licensee, manufacturer, officer, director, stockholder or equity holder.

      (6) A brewery licensee may produce malt beverages for a brewery-public house licensee under a custom order agreement. The commission may adopt rules regarding the contents of custom order agreements.

      (7) A brewery licensee that uses a third-party delivery facilitator to make deliveries on behalf of the licensee is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries. [2016 c.3 §2; 2019 c.373 §5; 2021 c.351 §58; 2023 c.539 §13]

 

      471.223 Winery license. (1) As used in this section, “control” means that the licensee:

      (a) Owns the brand under which the wine or cider is labeled; or

      (b) Performs or has the legal right to perform all of the acts common to a brand owner under the terms of a trademark license or similar agreement that for the brand under which the wine or cider is labeled has a term of at least three years.

      (2) The holder of a winery license may:

      (a) Import wine or cider in containers that have a capacity of more than four liters.

      (b) Import wine or cider in containers that have a capacity of four liters or less if the brand of wine or cider is under the control of the licensee.

      (c) Bottle, produce, blend, store, transport or export wines or cider.

      (d) Sell wines or cider at wholesale to the Oregon Liquor and Cannabis Commission or to licensees of the commission.

      (e) Sell wines or cider at retail directly to the consumer for consumption on or off the licensed premises.

      (f) Sell malt beverages at retail for consumption on or off the licensed premises.

      (g) Sell for consumption off the premises malt beverages, wines and cider in securely covered containers that are supplied by the consumer and have capacities of not more than two gallons each.

      (h) Conduct under the winery license any activities described in paragraphs (a) to (g) of this subsection at five or fewer premises designated by the commission.

      (i) Purchase from or through the commission brandy or other distilled liquors for fortifying wines or cider.

      (j) Obtain a special events winery license that entitles the holder to conduct the activities allowed under paragraphs (e) to (g) of this subsection at a designated location other than the one set forth in the winery license for a period not to exceed five days.

      (3) A winery licensee shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the patron is not a minor and the patron is not visibly intoxicated.

      (4) Except as provided in subsection (5) of this section, in order to hold a winery license the licensee shall:

      (a) Possess at a bonded premises within Oregon a valid producer and blender basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau; or

      (b) Possess a valid wine blender or valid wholesaler basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau and have a written contract with a winery licensed under paragraph (a) of this subsection that authorizes the winery to produce for the licensee a brand of wine or cider that is under the control of the licensee.

      (5) Subsection (4) of this section does not apply if a licensee produces only cider under the winery license.

      (6) A winery licensee may sell and ship malt beverages, wine or cider directly to a resident of this state only if the licensee has a direct shipper permit issued under ORS 471.282.

      (7) A winery licensee, or any person having an interest in the licensee, may also hold a full on-premises sales license. If a winery licensee, or a person having an interest in the licensee, also holds a full on-premises sales license, the provisions of this chapter do not prevent the licensee or person from both selling wine or cider bottled and produced under the winery license and selling alcoholic liquor as authorized under the full on-premises sales license.

      (8) More than one winery licensee may exercise the privileges of a winery license at a single location. The commission may not refuse to issue a winery license to a person for the production of wine or cider on specified premises based on the fact that other winery licensees also produce wine or cider on those premises.

      (9) If a winery licensee does not possess at a bonded premises within Oregon a valid producer and blender basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau, the licensee may exercise the privileges described in this section only for wine and cider brands that are under the control of the licensee.

      (10) The holder of a winery license that uses a third-party delivery facilitator to make deliveries on behalf of the winery licensee is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries. [1979 c.264 §2; 1981 c.201 §1; 1989 c.511 §5; 1993 c.202 §1; 1993 c.663 §3; 1995 c.34 §1; 1995 c.188 §1; 1995 c.301 §15; 1999 c.431 §§1,3; 2003 c.44 §1; 2007 c.25 §1; 2007 c.854 §2; 2009 c.38 §2; 2011 c.364 §1; 2013 c.32 §§5,6; 2013 c.537 §§4,5; 2015 c.358 §1; 2015 c.673 §3; 2017 c.202 §2; 2017 c.533 §8; 2019 c.167 §1; 2021 c.351 §59; 2021 c.596 §2; 2023 c.539 §14]

 

      471.225 [Amended by 1977 c.332 §5; repealed by 1979 c.264 §14]

 

      471.227 Grower sales privilege license. (1) A grower sales privilege license shall allow the licensee to perform the following activities only for fruit or grape wine or cider where all of the fruit or grapes used to make the wine or cider are grown in Oregon under the control of the licensee to:

      (a) Import, store, transport or export such wines or cider.

      (b) Sell such wines or cider at wholesale to the Oregon Liquor and Cannabis Commission or licensees of the commission.

      (c) Sell such wines or cider at retail directly to the consumer for consumption on or off the licensed premises.

      (d) Sell at retail for consumption off the licensed premises malt beverages and such wines and cider in securely covered containers provided by the consumer and having capacities of not more than two gallons each.

      (e) Conduct some or all of the activities allowed under paragraphs (a) to (d) of this subsection at a second or third premises as may be designated by the commission.

      (f) Obtain a special events grower sales privilege license which shall entitle the holder to conduct the activities allowed under paragraphs (c) and (d) of this subsection at a designated location other than the one set forth in the grower sales privilege license for a period not to exceed five days.

      (2) A grower sales privilege licensee shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the patron is not a minor and the patron is not visibly intoxicated.

      (3) For purposes of ORS 471.392 to 471.400, a grower sales privilege licensee shall be considered a manufacturer.

      (4) A person holding a winery license in another state is not eligible for a license under this section.

      (5) A person licensed under this section is not eligible for a limited on-premises sales license or an off-premises sales license.

      (6) As used in this section, “control” means the grower either owns the land upon which the fruit or grapes are grown or has a legal right to perform or does perform all of the acts common to fruit farming or viticulture under terms of a lease or similar agreement of at least three years’ duration.

      (7) For the purposes of tax reporting, payment and record keeping, the provisions of law that shall apply to a manufacturer under ORS chapter 473 shall apply to a grower sales privilege licensee, but such a licensee is not a manufacturer for purposes of ORS 473.050 (5).

      (8) A grower sales privilege licensee that uses a third-party delivery facilitator to make deliveries on behalf of the licensee is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries. [1989 c.740 §2; 1995 c.58 §2; 1995 c.301 §82; 1999 c.351 §23a; 2013 c.32 §7; 2013 c.537 §6; 2021 c.351 §60; 2023 c.539 §15]

 

      471.229 [1989 c.511 §2; 1995 c.188 §3; 1999 c.351 §24; 2003 c.44 §3; 2007 c.854 §1; renumbered 471.282 in 2007]

 

      471.230 Distillery license. (1) A distillery license allows the licensee to import, manufacture, distill, rectify, blend, denature and store distilled liquor, to sell the distilled liquor to the Oregon Liquor and Cannabis Commission and to transport the distilled liquor out of this state for sale outside this state. Distillery licensees may purchase and sell distilled liquor from or to another distillery licensee in containers having a capacity greater than one U.S. gallon for blending and manufacturing purposes. A distillery licensee may not sell any alcoholic beverage within this state except to the commission or as provided in this section. However, any agricultural producer or association of agricultural producers or the legal agents of an agricultural producer or association of agricultural producers that manufactures and converts agricultural surpluses, by-products and wastes into denatured ethyl and industrial alcohol for use in the arts and industry are not required to obtain a license from the commission.

      (2) If a distillery licensee holds a valid distilled spirits plant basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau for the licensed premises, the distillery licensee may:

      (a) Permit tastings of distilled liquor approved by the commission for sale in Oregon and manufactured in Oregon by the distillery licensee or by another distillery licensee. Tastings may be of the distilled liquor alone or with a mix of other liquids. If any of the other liquids are distilled liquors, they must be distilled liquors on the list of products approved by the commission for retail sale in Oregon and must be purchased by the licensee at the retail price established by the commission. This paragraph does not authorize sales by the drink of distilled liquor. The tastings may be conducted on the licensed premises of the distillery and at no more than five other premises owned or leased by the licensee. The commission may allow more than one distillery licensee to use the same premises at the same time for conducting tastings if the premises are a primary production location and the licensees share the premises or are owned by the same entity. If the manufacturer of the distilled liquor obtains distilled liquor for conducting tastings from the inventory of the commission, the licensee shall pay the commission a processing fee.

      (b) Obtain a special events distillery license.

      (c) Apply for appointment by the commission as a distillery retail outlet agent for purposes of retailing distilled liquor at locations where tastings are permitted under paragraph (a) of this subsection or subsection (4)(a) of this section. A distillery retail outlet agent may sell at locations where tastings are allowed under paragraph (a) of this subsection only distilled liquor that is on the list of products approved by the commission for retail sale in Oregon and is manufactured in Oregon by the distillery licensee or by another distillery licensee that uses the same premises as a primary production location or is owned by the same entity as the distillery licensee.

      (3) Notwithstanding ORS 471.392 to 471.400, a distillery licensee may hold one or more full on-premises sales licenses. All distilled liquor sold under a full on-premises sales license must be purchased from the commission.

      (4) A distillery licensee that holds a special events distillery license may conduct an event on premises designated in the special events distillery license. Except as provided in this subsection, a special events distillery license may be valid for a period not exceeding five days. The commission shall limit the approval of special events distillery licenses for a distillery licensee at the same location to not more than 62 days during a calendar year. A distillery licensee conducting a special event may:

      (a) Permit tastings of distilled liquor approved by the commission for sale in Oregon and manufactured in Oregon by the distillery licensee. Tastings may be of the distilled liquor alone or with a mix of other liquids. If any of the other liquids are distilled liquors, they must be distilled liquors on the list of products approved by the commission for retail sale in Oregon and must be purchased by the licensee at the retail price established by the commission. If the manufacturer of the distilled liquor obtains distilled liquor for conducting tastings from the inventory of the commission, the licensee shall pay the commission a processing fee.

      (b) Permit sales by the drink of distilled liquor. A drink that a distillery licensee sells under this paragraph must include distilled liquor that the licensee manufactured in Oregon. Any distilled liquor contained in the drink must be on the list of products approved by the commission for retail sale in Oregon. The distillery licensee selling the drink must purchase all distilled liquor contained in the drink at the retail price set by the commission for the month in which the drink is sold.

      (c) If the distillery licensee has been appointed as a distillery retail outlet agent under subsection (2)(c) of this section, sell distilled liquor in factory-sealed containers for consumption off the licensed premises. A distillery retail outlet agent may sell at a location where tastings are allowed under paragraph (a) of this subsection only distilled liquor that is on the list of products approved by the commission for retail sale in Oregon and is manufactured in Oregon by the distillery licensee. The distillery retail outlet agent must sell the distilled liquor at the retail price set by the commission for the month of sale.

      (5) The commission shall pay a distillery retail outlet agent compensation for distilled liquor retail sales by the agent under subsection (2)(c) or (4)(c) of this section. The compensation rate shall be:

      (a) For the first $250,000 of annual total combined retail sales from all distillery retail outlet agent tasting locations operated by the distillery licensee under subsection (2)(a) or (4)(a) of this section, 45 percent of the retail price set by the commission for the sold distilled liquor.

      (b) For distilled liquor retail sales by the agent that are not described in paragraph (a) of this subsection, 17 percent of the retail price set by the commission for the sold distilled liquor. [Amended by 1987 c.558 §1; 1995 c.301 §16; 1997 c.803 §1; 2007 c.134 §1; 2009 c.38 §3; 2009 c.237 §2; 2011 c.9 §64; 2012 c.20 §1; 2013 c.253 §1; 2015 c.549 §1; 2017 c.533 §9; 2019 c.658 §2; 2021 c.351 §61; 2021 c.649 §1]

 

      Note: The amendments to 471.230 by section 3, chapter 649, Oregon Laws 2021, become operative January 2, 2028, and apply to distilled liquor retail sales made by a distillery retail outlet agent on or after January 2, 2028. See section 4, chapter 649, Oregon Laws 2021. The text that is operative on and after January 2, 2028, is set forth for the user’s convenience.

      471.230. (1) A distillery license allows the licensee to import, manufacture, distill, rectify, blend, denature and store distilled liquor, to sell the distilled liquor to the Oregon Liquor and Cannabis Commission and to transport the distilled liquor out of this state for sale outside this state. Distillery licensees may purchase and sell distilled liquor from or to another distillery licensee in containers having a capacity greater than one U.S. gallon for blending and manufacturing purposes. A distillery licensee may not sell any alcoholic beverage within this state except to the commission or as provided in this section. However, any agricultural producer or association of agricultural producers or the legal agents of an agricultural producer or association of agricultural producers that manufactures and converts agricultural surpluses, by-products and wastes into denatured ethyl and industrial alcohol for use in the arts and industry are not required to obtain a license from the commission.

      (2) If a distillery licensee holds a valid distilled spirits plant basic permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau for the licensed premises, the distillery licensee may:

      (a) Permit tastings of distilled liquor approved by the commission for sale in Oregon and manufactured in Oregon by the distillery licensee or by another distillery licensee. Tastings may be of the distilled liquor alone or with a mix of other liquids. If any of the other liquids are distilled liquors, they must be distilled liquors on the list of products approved by the commission for retail sale in Oregon and must be purchased by the licensee at the retail price established by the commission. This paragraph does not authorize sales by the drink of distilled liquor. The tastings may be conducted on the licensed premises of the distillery and at no more than five other premises owned or leased by the licensee. The commission may allow more than one distillery licensee to use the same premises at the same time for conducting tastings if the premises are a primary production location and the licensees share the premises or are owned by the same entity. If the manufacturer of the distilled liquor obtains distilled liquor for conducting tastings from the inventory of the commission, the licensee shall pay the commission a processing fee.

      (b) Obtain a special events distillery license.

      (c) Apply for appointment by the commission as a distillery retail outlet agent for purposes of retailing distilled liquor at locations where tastings are permitted under paragraph (a) of this subsection or subsection (4)(a) of this section. A distillery retail outlet agent may sell at locations where tastings are allowed under paragraph (a) of this subsection only distilled liquor that is on the list of products approved by the commission for retail sale in Oregon and is manufactured in Oregon by the distillery licensee or by another distillery licensee that uses the same premises as a primary production location or is owned by the same entity as the distillery licensee.

      (3) Notwithstanding ORS 471.392 to 471.400, a distillery licensee may hold one or more full on-premises sales licenses. All distilled liquor sold under a full on-premises sales license must be purchased from the commission.

      (4) A distillery licensee that holds a special events distillery license may conduct an event on premises designated in the special events distillery license. Except as provided in this subsection, a special events distillery license may be valid for a period not exceeding five days. The commission shall limit the approval of special events distillery licenses for a distillery licensee at the same location to not more than 62 days during a calendar year. A distillery licensee conducting a special event may:

      (a) Permit tastings of distilled liquor approved by the commission for sale in Oregon and manufactured in Oregon by the distillery licensee. Tastings may be of the distilled liquor alone or with a mix of other liquids. If any of the other liquids are distilled liquors, they must be distilled liquors on the list of products approved by the commission for retail sale in Oregon and must be purchased by the licensee at the retail price established by the commission. If the manufacturer of the distilled liquor obtains distilled liquor for conducting tastings from the inventory of the commission, the licensee shall pay the commission a processing fee.

      (b) Permit sales by the drink of distilled liquor. A drink that a distillery licensee sells under this paragraph must include distilled liquor that the licensee manufactured in Oregon. Any distilled liquor contained in the drink must be on the list of products approved by the commission for retail sale in Oregon. The distillery licensee selling the drink must purchase all distilled liquor contained in the drink at the retail price set by the commission for the month in which the drink is sold.

      (c) If the distillery licensee has been appointed as a distillery retail outlet agent under subsection (2)(c) of this section, sell distilled liquor in factory-sealed containers for consumption off the licensed premises. A distillery retail outlet agent may sell at a location where tastings are allowed under paragraph (a) of this subsection only distilled liquor that is on the list of products approved by the commission for retail sale in Oregon and is manufactured in Oregon by the distillery licensee. The distillery retail outlet agent must sell the distilled liquor at the retail price set by the commission for the month of sale.

 

      471.235 Wholesale malt beverage and wine license. (1) A wholesale malt beverage and wine license shall allow the importation, storage, transportation, wholesale sale and distribution to licensees of the Oregon Liquor and Cannabis Commission, and the export of wine, cider and malt beverages, and the importation and sale to the commission and the export of wine of alcoholic content in excess of 21 percent alcohol by volume. A wholesale malt beverage and wine licensee may not sell any alcoholic liquor for consumption upon the licensed premises. However, a wholesale malt beverage and wine licensee may sell naturally fermented wine or cider in quantities of not less than four gallons nor more than 55 gallons at any one time to consumers for consumption not on the licensed premises. Wholesale malt beverage and wine licensees may sell malt beverages containing not more than nine percent alcohol by volume in quantities not less than four gallons to any unlicensed organization, lodge, picnic party or private gathering. The unlicensed organization, lodge, picnic party or private gathering may not sell the malt beverages. A wholesale malt beverage and wine license shall permit the licensee also to sell malt beverages at wholesale only, to persons holding licenses authorizing the persons to resell such beverages at retail. Employees of wholesale malt beverage and wine licensees may serve sample tastings of malt beverages, cider and wine at alcoholic beverage industry trade shows, seminars and conventions and at alcoholic beverage industry sample tastings for employees of retail licensees.

      (2) Subsection (1) of this section does not prohibit the transportation or wholesale sale or distribution of malt beverage or wine by a wholesale malt beverage and wine licensee to any alcoholic treatment center licensed by the Oregon Health Authority.

      (3) A wholesale malt beverage and wine licensee may impose an additional handling fee on any wine sold to any retailer in this state if the quantity of wine sold to the retailer is less than the smallest multiple-package case available to be sold and the handling fee is uniform for all licensees. [Amended by 1955 c.657 §2; 1973 c.395 §1; 1974 c.4 §2; 1975 c.123 §1; 1985 c.378 §1; 1987 c.608 §4; 1989 c.178 §8; 1995 c.301 §17; 1999 c.351 §25; 2009 c.595 §958; 2011 c.143 §1; 2021 c.351 §62]

 

      471.240 [Amended by 1955 c.657 §3; 1957 c.223 §2; repealed by 1973 c.395 §10]

 

      471.242 Warehouse license. (1) A warehouse license shall allow the licensee to store, import, bottle, produce, blend, transport and export nontax paid, bonded wine or wine on which the tax is paid and to store, import and export nontax paid malt beverages and cider, or malt beverages and cider on which the tax is paid. Wine, cider and malt beverages may be removed from the licensed premises only for:

      (a) Sale for export;

      (b) Sale or shipment to a wholesale malt beverage and wine licensee;

      (c) Sale or shipment to another warehouse licensee;

      (d) Sale or shipment to a winery licensee;

      (e) Shipment of wine or cider produced by a winery licensee to a licensee of the Oregon Liquor and Cannabis Commission authorized to sell wine or cider at retail if the shipment is made pursuant to a sale to the retail licensee by the holder of a winery license issued under ORS 471.223, a grower sales privilege license issued under ORS 471.227 or a wholesale malt beverage and wine license issued under ORS 471.235; or

      (f) Shipment of malt beverages, wine or cider to a person for personal use, as described in subsection (7) of this section.

      (2) A license applicant must hold an approved registration for a bonded wine cellar or winery under federal law.

      (3) For the purposes of tax reporting, payment and record keeping, the provisions that shall apply to a manufacturer under ORS chapter 473 shall apply to a warehouse licensee.

      (4) A warehouse must be physically secure in an area zoned for the intended use and be physically separated from any other use.

      (5) For purposes of ORS 471.392 to 471.400, a warehouse licensee shall be considered a manufacturer.

      (6) For purposes of ORS 473.045, a warehouse licensee shall be considered a winery licensee.

      (7) Malt beverages, wine or cider may be removed from the premises licensed under this section for shipment pursuant to a sale under ORS 471.282. The warehouse licensee shall take reasonable steps to ensure that shipments are made in containers that are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.” In addition, the warehouse licensee shall take reasonable steps to ensure that any carrier used by the licensee does not deliver any malt beverages, wine or cider unless the carrier:

      (a) Obtains the signature of the recipient of the malt beverages, wine or cider upon delivery;

      (b) Verifies by inspecting government-issued photo identification that the recipient is at least 21 years of age; and

      (c) Determines that the recipient is not visibly intoxicated at the time of delivery. [1985 c.628 §2; 1989 c.553 §1; 1995 c.35 §1; 1995 c.301 §83; 1999 c.351 §67; 2007 c.638 §1; 2015 c.673 §4; 2021 c.351 §63]

 

(Certificates of Approval)

 

      471.244 Certificates of approval for malt beverages, cider or wine; special certificates of approval. (1) A licensee of the Oregon Liquor and Cannabis Commission may not manufacture, import into, or purchase in this state for resale in this state any malt beverages, cider or wine unless the manufacturer of the malt beverages, cider or wine has first obtained from the commission a certificate of approval, except that with respect to malt beverages, cider or wine manufactured outside the United States, the certificate of approval may be obtained by the person importing same into the United States.

      (2) A certificate of approval may be granted only to manufacturers or importers that enter into an agreement with the commission to furnish a report to the commission, on or before the 20th day of each month, showing the quantity of malt beverages, cider or wine delivered to each licensee of the commission during the preceding calendar month, and to faithfully comply with all laws of the State of Oregon pertaining to traffic in malt beverages, cider or wine.

      (3) The commission may grant special certificates of approval to manufacturers and importers of malt beverages, cider or wine. A special certificate of approval has the effect of a certificate of approval granted under this section, but is valid only for a period of 30 days. [Formerly 471.289; 2021 c.351 §64; 2023 c.391 §8]

 

      471.245 [Amended by 1979 c.236 §7; 1981 c.199 §1; repealed by 1999 c.351 §11]

 

      471.250 [Amended by 1965 c.280 §2; 1973 c.395 §2; 1977 c.332 §6; 1981 c.328 §1; 1987 c.608 §6; 1995 c.301 §17a; repealed by 1999 c.351 §8]

 

      471.251 Certificates of approval for distilled liquor; rules. The Oregon Liquor and Cannabis Commission may issue a manufacturer or other person a certificate of approval authorizing the import of distilled liquor manufactured by a distillery not licensed under ORS 471.230. The commission may establish by rule:

      (1) The conditions under which a manufacturer or other person may qualify for a certificate of approval;

      (2) The products covered by the certificate of approval;

      (3) Any conditions or limitations placed on imports under the certificate of approval; and

      (4) The grounds for suspension or revocation of a certificate of approval. [2009 c.240 §2; 2021 c.351 §65]

 

      471.253 [1985 c.649 §4; 1987 c.608 §1; 1989 c.785 §10; 1991 c.545 §2; 1993 c.418 §1; 1993 c.663 §2; 1995 c.35 §2; 1995 c.301 §84; 1995 c.598 §1; 1995 c.599 §3; 1997 c.803 §2; 1999 c.59 §142; 1999 c.351 §26; renumbered 471.200 in 1999]

 

      471.255 [Repealed by 1965 c.280 §5]

 

      471.257 [1975 c.494 §2; 1987 c.608 §7; 1995 c.301 §17b; repealed by 1999 c.351 §11]

 

      471.259 [1985 c.649 §1; 1987 c.608 §8; 1989 c.171 §65; 1995 c.301 §17c; repealed by 1999 c.351 §11]

 

      471.260 [Amended by 1973 c.395 §3; 1974 c.4 §3; 1985 c.546 §1; 1987 c.608 §9; 1989 c.178 §1; 1993 c.663 §4; 1995 c.58 §1; 1995 c.103 §4; 1995 c.301 §18; 1995 c.791 §1; 1996 c.18 §1; repealed by 1999 c.351 §8]

 

      471.262 [1979 c.172 §2; 1995 c.301 §56; 1999 c.351 §27; renumbered 471.302 in 1999]

 

      471.264 [1981 c.200 §1; 1995 c.301 §38; repealed by 1999 c.351 §8]

 

      471.265 [Amended by 1967 c.580 §1; 1967 c.614 §§1,2; 1971 c.324 §1; 1973 c.103 §1; 1973 c.395 §4; 1985 c.546 §2; 1987 c.558 §2; 1987 c.608 §2; 1995 c.301 §18a; 1997 c.803 §5; repealed by 1999 c.351 §8]

 

      471.267 [1995 c.599 §2; repealed by 1999 c.351 §8]

 

(Use of Premises for Additional Activities)

 

      471.268 Homemade malt beverages and wines at licensed premises. (1) In addition to any other privilege granted to a licensee under this chapter, a licensee may conduct an organized judging, tasting, exhibition, contest or competition of malt beverages and wines produced under ORS 471.403 (2) and (3) or homemade beers, wines and fermented fruit juices, or related events, at the premises described in a full or limited on-premises sales license, off-premises sales license, brewery-public house license, brewery license, winery license or warehouse license of the licensee. However, the Oregon Liquor and Cannabis Commission may restrict the portion of the licensed premises that may be used for the judging, tasting, exhibition, contest, competition or related events and may restrict or prohibit sales of alcoholic beverages on the portion of the premises that is being used for conducting the judging, tasting, exhibition, contest, competition or related events.

      (2) In addition to any other privilege granted to a licensee under this chapter, a licensee may allow malt beverages and wines produced under ORS 471.403 (2) and (3) or homemade beers, wines and fermented fruit juices to be stored at the premises described in a full or limited on-premises sales license, off-premises sales license, brewery-public house license, brewery license, winery license or warehouse license of the licensee. The malt beverages or wines and the homemade beers, wines or fermented fruit juices must be clearly identified by owner and kept separate from the alcoholic beverage stock of the licensee.

      (3) A licensee may not acquire any ownership interest in malt beverages and wines produced under ORS 471.403 (2) and (3) or homemade beers, wines or fermented fruit juices stored under this section. However, this subsection does not prohibit a licensee from using malt beverages and wines produced under ORS 471.403 (2) and (3) or homemade beers, wines or fermented fruit juices in conducting an organized judging, tasting, exhibition, contest or competition of the malt beverages and wines or homemade beers, wines or fermented fruit juices, or related events, if the malt beverages and wines or the homemade beers, wines or fermented fruit juices are stored with the licensee for that purpose. [2011 c.12 §3; 2021 c.351 §66]

 

      Note: Definitions for 471.268 are found in 471.037.

 

      471.270 [Repealed by 1999 c.351 §11]

 

(Human Trafficking at Premises)

 

      471.271 Requirement to report human trafficking at licensed premises; rules. (1) As used in this section, “law enforcement agency” means:

      (a) A city or municipal police department;

      (b) A county sheriff’s office; or

      (c) The Oregon State Police.

      (2) An employee of a premises licensed for full on-premises sales or limited on-premises sales who is a permittee shall:

      (a) Report to a law enforcement agency and to the Oregon Liquor and Cannabis Commission if the permittee has a reasonable belief that sex trafficking or other human trafficking is occurring at the licensed premises; and

      (b) Report to the commission if the permittee has a reasonable belief that a minor is employed or contracted as a performer at the licensed premises in a manner that violates commission rules.

      (3) A permittee making a report under this section in good faith is immune from any criminal or civil liability for making the report.

      (4) The commission may adopt rules to carry out this section. [2021 c.44 §2; 2023 c.217 §8]

 

SHIPMENT AND DISTRIBUTION OF MALT BEVERAGES, WINE AND CIDER

 

(Distribution to Malt Beverage, Wine and Cider Retail Licensees)

 

      471.272 Manner of shipping or transporting malt beverages, wine or cider. (1) Malt beverages, wine or cider may be shipped or transported by a licensee or permit holder described in subsection (2) of this section only by employees of the licensee or permit holder, or by a common carrier using a commission-approved delivery plan. The holder of a direct to retailer permit that uses a common carrier to ship or transport malt beverages, wine or cider shall take reasonable steps to ensure that the malt beverages, wine or cider is sold and transported only to licensees that are authorized to receive the malt beverages, wine or cider under ORS 471.274.

      (2) The provisions of this section apply to the holders of direct to retailer permits and winery licenses, grower sales privilege licenses, wholesale malt beverage and wine licenses and warehouse licenses issued by the commission. [2007 c.651 §2b; 2023 c.391 §9]

 

      471.274 Direct to retailer permit. (1) The Oregon Liquor and Cannabis Commission may issue a direct to retailer permit to a manufacturer of malt beverages, wine or cider that:

      (a) Is a resident of another state or territory of the United States;

      (b) Is licensed by the other state or territory to manufacture malt beverages, wine or cider; and

      (c) Holds a certificate of approval issued under ORS 471.244.

      (2) The holder of a direct to retailer permit may, in the manner provided by this section, sell at wholesale and transport malt beverages, wine or cider that the holder of the direct to retailer permit produced, fermented, manufactured or blended directly to the commission or the holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190 or 471.200.

      (3) A person may apply for a direct to retailer permit by submitting to the commission, in a form and manner prescribed by the commission:

      (a) An application;

      (b) A copy of the applicant’s license described in subsection (1)(c) of this section or information sufficient to allow the commission to verify the license by electronic or other means; and

      (c) Any other information required by the commission to establish that the applicant’s license authorizes the manufacture of malt beverages, wine or cider and that the applicant has a history of compliance with the laws of the other state or territory.

      (4) The holder of a direct to retailer permit is responsible for paying all taxes imposed under ORS chapter 473 as a manufacturer or importing distributor, and for complying with all reporting requirements imposed by ORS chapter 473 for all malt beverages, wine and cider sold and transported to a holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190 or 471.200.

      (5) The holder of a direct to retailer permit consents to the jurisdiction of the commission and the courts of this state for the purpose of enforcing the provisions of this chapter and ORS chapter 473 and ORS 459A.700 to 459A.744, 474.005 to 474.095 and 474.115 and any related laws or rules.

      (6) The holder of a direct to retailer permit shall post a bond or other security as described in ORS 471.155.

      (7) The holder of a direct to retailer permit may not in a calendar year sell at wholesale and transport to the holder of a license issued under ORS 471.175, 471.178, 471.186, 471.190 or 471.200 a combined total of more than 7,500 barrels of malt beverages described in subsection (2) of this section.

      (8) A direct to retail permit must be renewed annually. The holder of a direct to retail permit may apply for renewal by submitting to the commission:

      (a) An application in the form and manner prescribed by the commission; and

      (b) The fee specified in ORS 471.311.

      (9) The holder of a direct to retailer permit is a:

      (a) Manufacturer or wholesaler for the purposes of ORS 471.392 to 471.400.

      (b) Wholesale distributor for the purposes of ORS 474.005 to 474.095. [2007 c.651 §2; 2011 c.219 §1; 2021 c.351 §67; 2023 c.391 §10]

 

      471.275 [Amended by 1987 c.608 §10; 1995 c.301 §18b; repealed by 1999 c.351 §8]

 

      471.280 [Repealed by 1999 c.351 §11]

 

(Direct Shipment of Malt Beverages, Wine and Cider to Consumer)

 

      471.282 Direct shipper permit; fees. (1) Notwithstanding any other provision of this chapter and except as provided by ORS 471.175, 471.178 and 471.186, a person may sell and ship malt beverages, wine or cider directly to a resident of Oregon only if the person holds a direct shipper permit. The Oregon Liquor and Cannabis Commission shall issue a direct shipper permit only to:

      (a) A person that holds a license issued by this state or another state or territory of the United States that authorizes the manufacture of malt beverages, wine or cider;

      (b) A person that holds a license issued by this state or another state or territory of the United States that authorizes the sale of wine or cider produced only from grapes or other fruit grown under the control of the person;

      (c) A person that holds a license authorizing the sale of malt beverages, wine or cider at retail; or

      (d) A person that holds a temporary sales license under ORS 471.190, if the shipments of malt beverages, wine or cider made by the person are delivered only during the term of validity of the temporary sales license.

      (2)(a) A person may apply for a direct shipper permit by filing an application with the commission in a form and manner prescribed by the commission.

      (b) If the application is based on a license issued by another state or territory of the United States, the person shall include in the application a true copy of the license issued to the person by the other state or include sufficient information to allow verification of the license by electronic means or other means acceptable to the commission.

      (c) If the application is based on a license issued by another state or territory of the United States, or the application is by a person described in subsection (1)(d) of this section, the person shall pay a $100 registration fee and maintain a bond or other security described in ORS 471.155 in the minimum amount of $1,000.

      (3)(a) Sales and shipments of malt beverages, wine or cider under a direct shipper permit:

      (A) May be made only to a person who is at least 21 years of age;

      (B) May be made only for personal use and not for the purpose of resale; and

      (C) May not exceed:

      (i) Two cases of cider or malt beverages that contain not more than nine liters per case to any resident per month; or

      (ii) Five cases of wine that contain not more than nine liters per case to any resident per month.

      (b) Only an individual who is at least 21 years of age may receive malt beverages, wine or cider from the holder of a direct shipper permit, for the purposes and in the amount described in paragraph (a) of this subsection.

      (4) Sales and shipments under a direct shipper permit must be made directly to a resident of this state in containers that are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY” or similar language adopted by the commission by rule.

      (5) The holder of a direct shipper permit shall take all actions necessary to ensure that a carrier used by the permit holder does not deliver any malt beverages, wine or cider unless the carrier:

      (a) Obtains the signature of the recipient of the malt beverages, wine or cider upon delivery;

      (b) Verifies by inspecting government-issued photo identification that the recipient is at least 21 years of age; and

      (c) Determines that the recipient is not visibly intoxicated at the time of delivery.

      (6) The holder of a direct shipper permit that uses a third-party delivery facilitator to make deliveries on behalf of the permit holder is not responsible for ensuring that deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

      (7)(a) The holder of a direct shipper permit shall report to the commission on a quarterly basis all shipments of malt beverages, wine or cider made to Oregon residents under the permit. The report must be made in a form prescribed by the commission.

      (b) The holder of a direct shipper permit shall allow the commission to audit the permit holder’s records upon request and shall make those records available to the commission in this state.

      (c) The holder of a direct shipper permit consents to the jurisdiction of the commission and the courts of this state for the purpose of enforcing the provisions of this section and any related laws or rules.

      (8)(a) The holder of a direct shipper permit shall comply with all relevant reporting requirements and timely pay to the commission all taxes imposed under ORS chapter 473 on malt beverages, wine and cider sold and shipped under the permit. For the purpose of the privilege tax imposed under ORS chapter 473, all malt beverages, wine or cider sold and shipped pursuant to a direct shipper permit is sold in this state.

      (b) The holder of a direct shipper permit based on a license issued by another state or territory of the United States shall timely pay to the commission all taxes imposed under ORS chapter 473 on all malt beverages, wine or cider sold and shipped directly to Oregon residents under the permit. The permit holder, not the purchaser, is responsible for the tax.

      (9)(a) A direct shipper permit must be renewed annually.

      (b) If the person holds the permit based on an annual license issued by another state or territory of the United States, the person may renew the permit by paying a $100 renewal fee and providing the commission with a true copy of a current license issued to the person by the other state or with sufficient information to allow verification of the license by electronic means or other means acceptable to the commission.

      (c) If the person holds the permit based on an annual license issued by this state, the person may renew the permit at the same time that the person renews the license.

      (10) Any person who knowingly or negligently delivers malt beverages, wine or cider under the provisions of this section to a person under 21 years of age, or who knowingly or negligently delivers malt beverages, wine or cider under the provisions of this section to a visibly intoxicated person, violates ORS 471.410.

      (11) A person may not make sales and shipments of malt beverages, wine or cider directly to Oregon residents unless the person holds a direct shipper permit issued under this section. Any person who knowingly makes, participates in, transports, imports or receives a shipment of malt beverages, wine or cider that is in violation of this section commits a misdemeanor as provided in ORS 471.990 (1).

      (12) The holder of a direct shipper permit that is based on a license issued by another state or territory of the United States is a manufacturer or wholesaler for the purposes of ORS 471.392 to 471.400. [Formerly 471.229; 2008 c.34 §2; 2011 c.219 §2; 2013 c.32 §8; 2015 c.673 §5; 2019 c.420 §1; 2021 c.78 §1; 2021 c.180 §11; 2021 c.351 §68; 2023 c.391 §11; 2023 c.539 §16]

 

      471.285 [Amended by 1955 c.657 §4; 1957 c.221 §1; 1989 c.178 §2; 1997 c.249 §170; repealed by 1999 c.351 §11]

 

      471.287 [1955 c.657 §8; 1957 c.221 §2; 1975 c.470 §1; 1983 c.228 §1; 1987 c.511 §2; 1989 c.178 §3; 1995 c.301 §86; 1997 c.79 §1; repealed by 1999 c.351 §11]

 

      471.289 [1955 c.657 §6; 1957 c.111 §1; 1973 c.131 §1; 1979 c.264 §6; 1995 c.103 §1; 1999 c.351 §68; renumbered 471.244 in 2007]

 

      471.290 [Amended by 1955 c.657 §9; 1957 c.111 §2; 1965 c.280 §3; 1967 c.28 §1; 1967 c.448 §1; 1971 c.470 §1; 1973

c.313 §1; 1973 c.395 §5; 1975 c.494 §3; 1979 c.264 §7; 1981 c.598 §1; 1985 c.360 §1; 1985 c.591 §2; 1985 c.628 §3; 1985 c.649 §2; 1989 c.178 §4; 1989 c.553 §2; 1989 c.740 §3; 1995 c.58 §3; 1995 c.103 §2; 1995 c.301 §57; 1995 c.363 §3; 1997 c.249 §171; 1997 c.284 §3; 1999 c.351 §18; renumbered 471.311 in 1999]

 

LICENSING PROCEDURES

 

(Generally)

 

      471.292 Characteristics of license. (1) A license granted under the Liquor Control Act shall:

      (a) Be a purely personal privilege.

      (b) Be valid for the period stated in the license.

      (c) Be renewable in the manner provided in ORS 471.311, except for a cause which would be grounds for refusal to issue such license under ORS 471.313.

      (d) Be subject to cancellation, suspension or restriction as provided in ORS 471.315.

      (e) Be transferable from the place for which the license was originally issued to another location subject to the provisions of the Liquor Control Act, any rules of the Oregon Liquor and Cannabis Commission and any municipal ordinance or local regulation.

      (f) Cease upon the death of the licensee, except as provided in subsection (2) of this section.

      (g) Not constitute property.

      (h) Not be alienable.

      (i) Not be subject to attachment or execution.

      (j) Not descend by the laws of testate or intestate devolution.

      (2) The commission may, by order, provide for the manner and conditions under which:

      (a) Alcoholic liquors left by any deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed of.

      (b) The business of any deceased, insolvent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy.

      (c) A business licensed pursuant to this chapter subject to a security interest may be continued in business by a secured party as defined in ORS 79.0102 for a reasonable period after default on the indebtedness by the debtor.

      (d) A license granted under this chapter may be transferred from the place for which the license was originally issued to another location. [Formerly 471.301; 2001 c.445 §175; 2017 c.533 §10; 2021 c.351 §69]

 

      471.294 License terms; licenses issued for less than year; determination of fees. (1) Except as otherwise provided in this section, all licenses issued under this chapter and renewals of licenses issued under this chapter must be issued for a period of one year that expires at 12 midnight on March 31, June 30, September 30 or December 31 of each year.

      (2) Notwithstanding subsection (1) of this section, a license issued for the first time to an applicant may be issued for less than a year. The fee for a license issued for less than a year under this subsection is the annual license fee prescribed by ORS 471.311.

      (3)(a) Subject to ORS 471.297, the term of a temporary letter of authority issued under ORS 471.297 is the period fixed by the Oregon Liquor and Cannabis Commission when the temporary letter of authority is issued.

      (b) The term of a temporary sales license issued under ORS 471.190 is the period fixed by the commission when the temporary sales license is issued. [Formerly 471.355; 2007 c.269 §1; 2021 c.85 §1; 2021 c.351 §70]

 

      471.295 [Amended by 1953 c.14 §2; 1979 c.744 §33a; 1979 c.881 §3; 1989 c.785 §8; 1995 c.301 §58; 1997 c.841 §5; 1999 c.351 §46; renumbered 471.313 in 1999]

 

      471.297 Temporary letter of authority on change of ownership; revocation. (1)(a) The Oregon Liquor and Cannabis Commission may grant a temporary letter of authority for a period not to exceed 180 days to an applicant for a license issued under this chapter if the applicant meets the eligibility requirements established by the commission by rule and pays the fee prescribed by the commission for a temporary letter of authority.

      (b) A temporary letter of authority issued under this section does not constitute a license for the purposes of ORS chapter 183.

      (2) The commission may at any time, summarily and without prior administrative proceedings, refuse to issue or revoke a temporary letter of authority if the commission reasonably believes that any of the grounds for refusing a license under ORS 471.313 or canceling or suspending a license under ORS 471.315 exist.

      (3) The refusal to issue or the revocation of a temporary letter of authority under subsection (2) of this section is not a contested case under ORS chapter 183. [1987 c.511 §5; 1995 c.301 §59; 1999 c.351 §47; 2003 c.337 §3; 2021 c.85 §2; 2021 c.351 §71]

 

      471.300 [Amended by 1953 c.130 §2; repealed by 1957 c.220 §1 (471.301 enacted in lieu of 471.300)]

 

      471.301 [1957 c.220 §2 (enacted in lieu of 471.300); 1971 c.470 §2; 1973 c.311 §1; 1977 c.332 §1; 1977 c.360 §2; 1979 c.264 §9; 1995 c.301 §60; 1999 c.351 §48; renumbered 471.292 in 1999]

 

      471.302 [Formerly 471.262; 2003 c.337 §4; repealed by 2021 c.85 §3]

 

      471.305 Delivery of alcoholic beverages. A brewery or a wholesale malt beverage and wine licensee shall deliver malt beverages only to or on a licensed premises. The sale of alcoholic liquors under any license issued by the Oregon Liquor and Cannabis Commission authorizing retail sales by a licensee shall be restricted to the premises described in the license, but deliveries may be made by the licensee to customers pursuant to bona fide orders received on the licensed premises prior to delivery. [Amended by 1981 c.199 §2; 2021 c.351 §73]

 

      471.307 [1991 c.273 §2; 1993 c.663 §5; 1999 c.351 §28; renumbered 471.180 in 1999]

 

      471.310 Cities, counties as licensees. Any city or county may, without further charter authority, become a licensee under this chapter. [Amended by 1995 c.301 §61; 1999 c.351 §49; 2021 c.596 §4]

 

(Application for License)

 

      471.311 Application for license; rules; fees. (1) An applicant for a license or renewal of a license under this chapter shall submit an application to the Oregon Liquor and Cannabis Commission on a form provided by the commission that includes the name and address of the applicant, location of the place of business that is to be operated under the license, and any other pertinent information the commission may require. The commission may not grant or renew a license until the applicant has complied with the provisions of this chapter and the rules of the commission.

      (2) The commission may reject any application that is not submitted in the form required by rule. The commission shall give applicants an opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS chapter 183.

      (3) Subject to subsection (4) of this section, the commission shall assess a nonrefundable fee for processing a renewal application for any license authorized by this chapter only if the renewal application is received by the commission less than 20 days before expiration of the license. If the renewal application is received prior to expiration of the license but less than 20 days prior to expiration, the fee shall be 25 percent of the annual license fee. If a renewal application is received by the commission after expiration of the license but no more than 30 days after expiration, the fee shall be 40 percent of the annual license fee. This subsection does not apply to a certificate of approval, a brewery-public house license or any license that is issued for a period of less than 30 days.

      (4) The commission may waive the fee imposed under subsection (3) of this section if the commission finds that failure to submit a timely application was due to unforeseen circumstances or to a delay in processing the application by the local governing authority that is no fault of the licensee.

      (5) The license fee is nonrefundable and, except as provided in subsection (6) of this section, must be paid by each applicant upon the granting or committing of a license. Subject to ORS 471.155 and 473.065, the annual or daily license fee and the minimum bond required of each class of license under this chapter are as follows:

______________________________________________________________________________

 

                                                                                                Minimum

      License                                                      Fee                  Bond

Brewery, including Certificate

      of Approval                                   $          1,000   $          1,000

 

Winery                                                            $          500      $          1,000

 

Distillery                                             $          200                  None

 

Wholesale Malt Beverage

      and Wine                                       $          550      $          1,000

 

Warehouse                                          $          200      $          1,000

 

Brewery-Public House,

      including Certificate

      of Approval                                   $          500      $          1,000

 

Limited On-Premises Sales                $          400                  None

 

Off-Premises Sales                              $          200                  None

 

Temporary Sales                                 $ 50 per day

 

Grower sales privilege

      License                                          $          500      $          1,000

 

Special events brewery

      license                                           $ 10 per day

 

Special events winery

      license                                           $ 10 per day

 

Special events grower

      sales privilege

      license                                           $ 10 per day

 

Special events

      brewery-public house

      license                                           $ 10 per day

 

Special events

      distillery

      license                                           $ 10 per day

 

______________________________________________________________________________

      (6) The commission may allow an applicant to defer payment, or may waive payment, of an annual license fee imposed under subsection (5) of this section, if the Governor declares a state of emergency under ORS 401.165 or a state of public health emergency under ORS 433.441. The commission may by rule establish requirements for an applicant to qualify for deferral or waiver of an annual license fee.

      (7) The fee for a certificate of approval or special certificate of approval granted under ORS 471.244 is nonrefundable and must be paid by each applicant upon the granting or committing of a certificate of approval or special certificate of approval. A bond is not required for the granting of a certificate of approval or special certificate of approval. Certificates of approval are valid for a period commencing on the date of issuance and ending on December 31 of the fifth calendar year following the calendar year of issuance. The fee for a certificate of approval is $350. Special certificates of approval are valid for a period of 30 days. The fee for a special certificate of approval is $10.

      (8) Except as provided in subsection (9) of this section, the annual license fee for a full on-premises sales license is $800. A bond is not required for any full on-premises sales license.

      (9) The annual license fee for a full on-premises sales license held by a nonprofit private club as described in ORS 471.175 (11), or held by a nonprofit or charitable organization that is registered with the state, is $400.

      (10) The fee for temporary use of an annual license is $10 per day.

      (11) The annual fee for a direct to retailer permit is $200, and the minimum bond is $1,000. [Formerly 471.290; 2001 c.785 §2; 2005 c.22 §345; 2005 c.632 §3; 2007 c.443 §1; 2007 c.651 §3; 2009 c.140 §3; 2009 c.237 §3; 2010 c.33 §4; 2015 c.60 §1; 2016 c.3 §4; 2019 c.420 §2; 2021 c.180 §12; 2021 c.351 §74; 2021 c.596 §5; 2023 c.391 §12]

 

      471.312 [1989 c.785 §§6,7; 1991 c.734 §39; 1995 c.301 §62; 1999 c.351 §50; renumbered 471.331 in 1999]

 

      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:

      (a) That there are sufficient licensed premises in the locality set out in the application, or that the granting of a license in the locality set out in the application is not demanded by public interest or convenience. In determining whether there are sufficient licensed premises in the locality, the commission shall consider seasonal fluctuations in the population of the locality and shall ensure that there are adequate licensed premises to serve the needs of the locality during the peak seasons.

      (b) That the applicant has not furnished an acceptable bond as required by ORS 471.311 or is not maintaining the insurance or bond required by ORS 471.168.

      (c) That, except as allowed by ORS 471.392 to 471.400, any applicant to sell at retail for consumption on the premises has been financed or furnished with money or property by, or has any connection with, or is a manufacturer of, or wholesale dealer in, alcoholic liquor.

      (d) That the applicant:

      (A) Is in the habit of using alcoholic beverages, habit-forming drugs or controlled substances to excess.

      (B) Has made false statements to the commission.

      (C) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed.

      (D) Has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license.

      (E) Has maintained an insanitary establishment.

      (F) Is not of good repute and moral character.

      (G) Has failed to comply with ORS 459A.700 to 459A.744, 474.005 to 474.095, 474.115, 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.770 to 475C.919 or this chapter or ORS chapter 473 or rules adopted by the commission pursuant to ORS 459A.700 to 459A.744, 474.005 to 474.095, 474.115, 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.770 to 475C.919 or this chapter or ORS chapter 473.

      (H) Is not the legitimate owner of the business proposed to be licensed, or other persons have ownership interests in the business which have not been disclosed.

      (I) Is not possessed of or has not demonstrated financial responsibility sufficient to adequately meet the requirements of the business proposed to be licensed.

      (J) Is unable to read or write the English language or to understand the laws of Oregon relating to alcoholic liquor or the rules of the commission.

      (e) That there is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or noise either in the premises proposed to be licensed or involving patrons of the establishment in the immediate vicinity of the premises if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Behavior that is grounds for refusal of a license under this section, where so related to the sale or service of alcohol, includes, but is not limited to obtrusive or excessive noise, music or sound vibrations; public drunkenness; fights; altercations; harassment; unlawful drug sales; alcohol or related litter; trespassing on private property; and public urination. Histories from premises currently or previously operated by the applicant may be considered when reasonable inference may be made that similar activities will occur as to the premises proposed to be licensed. The applicant may overcome the history by showing that the problems are not serious or persistent or that the applicant demonstrates a willingness and ability to control adequately the premises proposed to be licensed and patrons’ behavior in the immediate vicinity of the premises that is related to the licensee’s sale or service of alcohol under the licensee’s exercise of the license privilege.

      (2) The commission may refuse to issue a certificate under ORS 471.244 or permit under ORS 471.274 or 471.282, or may issue a restricted certificate or permit, if the commission has reasonable grounds to believe that the applicant:

      (a) Is in the habit of using alcoholic beverages, habit-forming drugs or controlled substances to excess.

      (b) Has made false statements to the commission.

      (c) Has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities related to the certificate or permit.

      (d) Has failed to comply with ORS 459A.700 to 459A.744, 474.005 to 474.095, 474.115, 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.770 to 475C.919 or this chapter or ORS chapter 473 or rules adopted by the commission pursuant to ORS 459A.700 to 459A.744, 474.005 to 474.095, 474.115, 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.770 to 475C.919 or this chapter or ORS chapter 473.

      (e) Does not have a good record of compliance with the alcoholic liquor laws and rules of any other jurisdiction. [Formerly 471.295; 2001 c.785 §1; 2011 c.165 §1; 2013 c.149 §1; 2017 c.533 §11; 2021 c.351 §75; 2023 c.391 §13]

 

(Cancellation, Suspension, Restriction or Lapse of License, Certificate or Permit; Mandatory Training; Civil Penalties)

 

      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:

      (a) That the licensee:

      (A) Has violated any provision of this chapter or ORS 474.115 or any rule of the commission adopted pursuant thereto.

      (B) Has made any false representation or statement to the commission in order to induce or prevent action by the commission.

      (C) Is not maintaining an acceptable bond as required by ORS 471.311 or is not maintaining the insurance or bond required by ORS 471.168.

      (D) Has maintained an insanitary establishment.

      (E) Is insolvent or incompetent or physically unable to carry on the management of the establishment of the licensee.

      (F) Is in the habit of using alcoholic liquor, habit-forming drugs or controlled substances to excess.

      (G) Has knowingly sold alcoholic liquor to persons under 21 years of age or to persons visibly intoxicated at the time of sale.

      (H) Has allowed the consumption of alcoholic liquor on the licensed premises by a person who is visibly intoxicated at the time of consumption.

      (I) Has misrepresented to a customer or the public any alcoholic liquor sold by the licensee.

      (J) Since the granting of the license, has been convicted of a felony, of violating any of the liquor laws of this state, general or local, or of any misdemeanor or violation of any municipal ordinance committed on the licensed premises.

      (b) That any person licensed to sell at retail for consumption on the premises is acting as an agent of, or is a manufacturer or wholesaler of alcoholic liquors, or has borrowed money or property, or has accepted gratuities or rebates, or has obtained the use of equipment from any manufacturer or wholesaler of alcoholic liquor or any agent thereof.

      (c) That there is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or noise either in the premises or involving patrons of the establishment in the immediate vicinity of the premises if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Behavior that is grounds for cancellation or suspension of a license under this section, where so related to the sale or service of alcohol, includes but is not limited to obtrusive or excessive noise, music or sound vibrations; public drunkenness; fights; altercations; harassment or unlawful drug sales; alcohol or related litter; trespassing on private property; and public urination. Mitigating factors include a showing by the licensee that the problems are not serious or persistent or that the licensee has demonstrated a willingness and ability to control adequately the licensed premises and patrons’ behavior in the immediate vicinity of the premises which is related to the licensee’s sale or service of alcohol under the licensee’s exercise of the license privilege.

      (d) That there is any other reason that, in the opinion of the commission, based on public convenience or necessity, warrants canceling or suspending such license.

      (2) The commission may cancel, suspend or restrict a certificate issued under ORS 471.244 or permit issued under ORS 471.274 or 471.282, or impose a civil penalty in lieu of or in addition to a suspension of a certificate or permit as provided by ORS 471.327, if the commission has reasonable grounds to believe that the certificate or permit holder:

      (a) Is in the habit of using alcoholic beverages, habit-forming drugs or controlled substances to excess.

      (b) Has made false statements to the commission.

      (c) Has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities related to the certificate or permit.

      (d) Has failed to comply with ORS 459A.700 to 459A.744, 474.005 to 474.095, 474.115, 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.770 to 475C.919 or this chapter or ORS chapter 473 or rules adopted by the commission pursuant to ORS 459A.700 to 459A.744, 474.005 to 474.095, 474.115, 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.770 to 475C.919 or this chapter or ORS chapter 473.

      (e) Does not have a good record of compliance with the alcoholic liquor laws and rules of any other jurisdiction.

      (f) Or any officer, agent or employee of the certificate or permit holder, violated any term or provision of an agreement entered into pursuant to ORS 471.244 or submitted a false or fictitious report pursuant to the agreement.

      (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. [Amended by 1953 c.107 §2; 1971 c.159 §4; 1979 c.744 §34; 1981 c.599 §1; 1989 c.785 §3; 1991 c.734 §40; 1995 c.301 §63; 1997 c.841 §6; 1999 c.351 §51; 2011 c.107 §1; 2017 c.533 §12; 2021 c.351 §76; 2023 c.391 §14]

 

      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:

      (a) Unlawful drug use or sales are occurring on the licensed premises;

      (b) The licensee is aware of the unlawful drug use or sales because of arrests for unlawful drug sales on the licensed premises or seizures of unlawful drugs on the licensed premises, or because the licensee or employees of the licensee have personally witnessed unlawful drug use or sales on the licensed premises; and

      (c) The licensee fails to take immediate and effective action to prevent unlawful drug use or sales on the licensed premises.

      (2) In addition to any suspension imposed under this section, the commission may impose a civil penalty under the circumstances described in subsection (1) of this section not to exceed the maximum amount established under ORS 471.322 (2). Notwithstanding ORS 471.322 (1), the commission shall not allow payment of a civil penalty under this subsection in lieu of the suspension provided for in subsection (1) of this section. A civil penalty under this section shall be imposed in the manner provided by ORS 183.745.

      (3) The commission may cancel a license listed in subsection (4) of this section if the license is suspended under the provisions of this section two or more times within a two-year period.

      (4) This section applies only to premises licensed under:

      (a) A full on-premises sales license.

      (b) A limited on-premises sales license.

      (c) A brewery-public house license. [1997 c.815 §2; 1999 c.351 §29; 2021 c.351 §77]

 

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

 

      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:

      (1) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the certificate, license, permit or other authorization; or

      (2) Revise or render void an order suspending or revoking the certificate, license, permit or other authorization. [2017 c.533 §2; 2021 c.351 §78]

 

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

 

      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.

      (2) Except as provided in ORS 471.327, the penalty which the commission may impose pursuant to subsection (1) of this section against a licensee shall not be less than $100 nor more than $5,000. The penalty which the commission may impose pursuant to subsection (1) of this section against a service permittee shall not be less than $25 nor more than $500.

      (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1969 c.67 §§2,3; 1973 c.144 §1; 1975 c.735 §1; 1979 c.264 §10; 1981 c.599 §2; 1991 c.61 §1; 1991 c.734 §41; 1995 c.301 §65; 1999 c.351 §52; 1999 c.1062 §1; 2021 c.351 §79]

 

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

 

      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]

 

      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:

      (a) Further impose against the licensee or the holder of the permit or certificate of approval a civil penalty not to exceed $5,000; or

      (b) In the commission’s discretion, impose the civil penalty without suspending the license, permit or certificate of approval.

      (2) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1955 c.657 §7; 1973 c.311 §3; 1991 c.734 §42; 2021 c.351 §81; 2023 c.391 §15]

 

(Miscellaneous Provisions Relating to Denial, Suspension or Cancellation of License)

 

      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:

      (a) Noise from the inside of a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance;

      (b) Noise caused by patrons outside a licensed premises located within the boundaries of a city or county that has an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise violates the ordinance or if the noise is of a type that a reasonable person would not expect to hear outside a premises licensed for the sale of alcoholic beverages; and

      (c) Noise caused by patrons inside or outside a licensed premises located within the boundaries of a city or county that does not have an ordinance regulating excessive noise may be considered obtrusive or excessive only if the noise is of the type that a reasonable person would not expect to hear inside or outside a premises licensed for the sale of alcoholic beverages.

      (2) For the purpose of determining whether noise is obtrusive 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, the Oregon Liquor and Cannabis Commission shall consider whether persons complaining about the noise have taken any action to mitigate the disturbance alleged to have been caused by the noise. [1999 c.646 §10; 2001 c.785 §4; 2021 c.351 §82; 2023 c.391 §16]

 

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

 

      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.

      (2) Notwithstanding ORS 183.482 (3), the Oregon Liquor and Cannabis Commission shall not stay any order refusing a license or suspending or canceling any license if the order was entered on grounds stated in ORS 471.313 or 471.315 (1)(c). [Formerly 471.312; 2021 c.351 §83; 2023 c.391 §17]

 

      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.

      (2) The commission may refuse to issue, cancel or suspend a license under ORS 471.313, 471.315 or 471.425 for maintaining an insanitary establishment in violation of a city ordinance relating to sanitation only if the licensee is convicted of violating the ordinance.

      (3) The commission may refuse to issue, cancel or suspend a license under ORS 471.313, 471.315 or 471.425 for maintaining an insanitary establishment in violation of ORS 447.010 to 447.156 and 447.992 or the laws, orders or rules relating to public health of the Oregon Health Authority or the State Department of Agriculture only when the agency charged with enforcing those laws, orders or rules finds that the licensee is in violation of them and renders a final order adverse to the licensee. [Formerly 471.317; 2001 c.900 §204; 2009 c.595 §959; 2021 c.351 §84]

 

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

 

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

 

(Sales and Deliveries of Alcoholic Beverages to Minors by Licensees)

 

      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.

      (2) The commission shall by rule establish times for employees to complete a required clerk training course under this section. An employee required to complete a clerk training course under this section may continue to make sales of alcoholic beverages to members of the public until taking such training, but may not make any sales of alcoholic beverages after the expiration of the time allowed by commission rule if the employee has not completed the training before the expiration of that time.

      (3) Except as provided in subsection (2) of this section, the holder of an off-premises sales license may not allow an employee 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, to sell alcoholic beverages under the license unless the employee completes a clerk training course as required by this section.

      (4) The Oregon Liquor and Cannabis Commission, as part of the Alcohol Education Program established under ORS 471.541, shall approve all clerk training courses offered for the purpose of this section. The holder of an off-premises sales license may establish a clerk training course for employees of the licensee, but the course must be approved by the commission to meet the requirements of this section. Clerk training courses approved under this section must address at least the following topics:

      (a) The importance of not selling alcoholic beverages to minors and visibly intoxicated persons.

      (b) Guidelines for recognizing minors and visibly intoxicated persons.

      (c) Guidelines for checking and verifying identification, and for recognizing false or altered identification.

      (d) Recommended approaches for refusing sales of alcoholic beverages to minors and visibly intoxicated persons.

      (5) If an employee of an off-premises sales licensee is found to have sold alcoholic beverages to a minor, or to have failed to properly verify identification of a person who purchased alcoholic beverages, the commission shall notify the licensee that the employee must complete a clerk training course approved under this section and may not sell alcoholic beverages to members of the public after the time established by the commission unless the employee completes the training within the time allowed. If the off-premises sales licensee offers a clerk training course to new employees, and the employee has previously completed that course, the requirements of this section may be met by retaking the clerk training course if the course has been approved by the commission for the purposes of this section.

      (6) Upon completion of a clerk training course by an employee of an off-premises sales licensee pursuant to the requirements of this section, the off-premises sales licensee that employs the person must notify the commission in writing that the employee has successfully completed the training. The notification must include the name and address of the employee, the name of the clerk training course attended by the employee, and the date or dates on which the course was attended. The notification shall be kept by the commission in the licensee’s file.

      (7) The commission shall assess and collect a fee not to exceed $13 from each person required to attend a clerk training course under this section. Amounts collected under this section shall be used for the administrative expenses incurred by the commission in the performance of the commission’s duties under the Alcohol Education Program.

      (8) In addition to any other penalty provided for by law, the commission may impose a civil penalty against any employee of an off-premises sales licensee who sells alcoholic beverages to members of the public and who is prohibited from making those sales under this section. A civil penalty under this subsection may not exceed $500. Civil penalties under this subsection shall be imposed by the commission in the manner provided by ORS 183.745. [1999 c.1062 §§3,9; 2001 c.785 §15; 2021 c.351 §85]

 

      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]

 

      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.

      (2) If a licensee participates in the responsible vendor program and takes all measures specified by the program as necessary to prevent sales of alcoholic beverages to minors, the commission may not cancel the license of the licensee, or deny issuance of a license to the licensee, based on sales of alcoholic beverages to minors by employees of the licensee. [1999 c.1062 §7; 2011 c.102 §1; 2021 c.351 §87]

 

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

 

      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.

      (b) Uniform standards established by the commission under this section apply to all investigations conducted by the commission that use minor decoys. The commission shall encourage all law enforcement agencies of this state to use the uniform standards established under this section for minor decoy operations conducted by the law enforcement agencies.

      (2) To the greatest extent possible, the uniform standards established by the commission under this section must:

      (a) Be the same for minor decoy operations conducted by the commission and for minor decoy operations conducted by law enforcement agencies of this state; and

      (b) Provide for coordination between the commission and law enforcement agencies of this state in conducting minor decoy operations.

      (3)(a) The uniform standards established by the commission under this section for investigating sales by licensees occurring on licensed premises and in-store sales by agents appointed by the commission must provide that:

      (A) Minor decoy operations must be conducted on either a random or a targeted basis in cities with populations of 20,000 or more.

      (B) Random minor decoy operations must cover a range of licensed premises and retail outlets. For the purpose of implementing standards for random minor decoy operations under this subparagraph, the commission shall by rule adopt a methodology that produces, to the greatest extent possible, an equal chance that any licensee or agent will be subject to a minor decoy operation.

      (C) Targeted minor decoy operations may be conducted for a single licensee or agent, but may be used only if there is a documented compliance problem with the specific licensee or agent that is the target of the minor decoy operation.

      (b) Investigations of deliveries of alcoholic beverages to final consumers in this state are exempt from the requirements for random and targeted minor decoy operations under paragraph (a) of this subsection.

      (4) Except as provided in subsection (5) of this section, the failure of the commission or of a law enforcement agency to follow uniform standards established by the commission under this section is not grounds for challenging any complaint, citation or conviction for violation of the laws prohibiting the sale or delivery of alcoholic beverages to minors.

      (5) In determining whether to impose sanctions based on multiple violations of the laws of this state prohibiting sales or deliveries of alcoholic beverages to minors, the commission may not consider any complaint filed against, citation issued to or conviction of a licensee, permittee, agent appointed by the commission, third-party delivery facilitator or a person delivering alcoholic beverages to final consumers for selling or delivering alcoholic beverages to a minor if the complaint, citation or conviction arose out of a minor decoy operation that was not conducted pursuant to the uniform standards established by the commission under this section.

      (6) Notwithstanding any other provision of this chapter, the commission may not consider any sale or delivery of alcoholic beverages to a minor that results from a minor decoy operation that is not conducted in compliance with the standards established under this section for the purpose of:

      (a) Imposing any civil penalty against a licensee, permittee, agent appointed by the commission, third-party delivery facilitator or a person delivering alcoholic beverages to final consumers;

      (b) Making a decision on the renewal, suspension or cancellation of a license, permit, appointment or third-party delivery facilitator permit issued under this chapter or rules adopted under this chapter; or

      (c) Otherwise sanctioning a licensee, permittee, agent appointed by the commission, third-party delivery facilitator or a person delivering alcoholic beverages to final consumers for the sale or delivery of alcoholic beverages to a minor.

      (7) The commission shall give notice of the uniform standards established under this section to all law enforcement agencies of this state that conduct minor decoy operations. [2001 c.791 §2; 2021 c.351 §88; 2023 c.539 §17]

 

      471.350 [Repealed by 1967 c.577 §10]

 

(Examination of Books and Premises of Licensees)

 

      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.

      (2) The commission shall not require the books of any licensee to be maintained on the premises of the licensee. [Formerly 471.330; 2021 c.351 §89]

 

      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]

 

SERVICE PERMITS

 

      471.360 Service permit required; waiver; penalty. (1) Except as otherwise provided in ORS 471.375:

      (a) Any person employed by a licensee of the Oregon Liquor and Cannabis Commission must have a valid service permit issued by the commission if the person:

      (A) Participates in any manner in the mixing, selling or service of alcoholic liquor for consumption on the premises where served or sold; or

      (B) Participates in the dispensing of malt beverages, wines or cider sold in securely covered containers provided by the consumer.

      (b) A licensee of the commission may not permit any person who lacks a service permit required of the person under paragraph (a) of this subsection:

      (A) To mix, sell or serve any alcoholic liquor for consumption on licensed premises; or

      (B) To dispense malt beverages, wines or cider sold in securely covered containers provided by the consumer.

      (c) A permittee shall make the service permit available at any time while on duty for immediate inspection by any regulatory specialist or by any other peace officer.

      (2) The commission may waive the requirement for a service permit for an employee of a licensee whose primary function is not the sale of alcoholic liquor or food, including but not limited to public passenger carriers, hospitals, or convalescent, nursing or retirement homes.

      (3) Violation of the requirements of this section is a Class B violation. [1979 c.788 §2; 2012 c.54 §2; 2013 c.32 §9; 2015 c.614 §161; 2019 c.44 §1; 2021 c.351 §90]

 

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

      (2) No service permit shall be used by any person other than the person to whom it is issued. Except as provided in ORS 471.375, the licensee shall verify the identification of the permittee and determine that the permittee has in possession a service permit before allowing the permittee to mix, sell or serve alcoholic liquor for consumption on the licensed premises. [1979 c.788 §3]

 

      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]

 

      471.375 Application; requirements; fee. (1) Any person who has not had a permit refused or revoked or whose permit is not under suspension may mix, sell or serve alcoholic beverages as provided under subsection (3) of this section if the person prepares in duplicate an application for a service permit prior to mixing, selling or serving any alcoholic beverage for consumption on licensed premises. Until a person who has prepared an application under this subsection receives a service permit, the licensee for the premises shall make a copy of the application available for immediate inspection by any regulatory specialist or by any other peace officer.

      (2) An applicant for a service permit must be 18 years of age or over. Application for a service permit shall be made on a form acceptable to the Oregon Liquor and Cannabis Commission. The applicant shall truly answer all questions, provide any further information required and pay a fee not to exceed $50.

      (3) An applicant described in subsection (1) of this section may:

      (a) Participate in the mixing, selling or service of alcoholic beverages for consumption on the premises where served or sold; and

      (b) Participate in the dispensing of malt beverages, wine or cider sold in securely covered containers provided by the consumer. [1979 c.788 §4; 1981 c.610 §5; 1987 c.511 §6; 1989 c.271 §2; 2001 c.785 §7; 2009 c.39 §1; 2012 c.54 §3; 2013 c.537 §7; 2015 c.614 §162; 2017 c.533 §14; 2019 c.676 §1; 2021 c.351 §92]

 

      471.380 Grounds for refusing to issue permit; request for hearing. (1) The Oregon Liquor and Cannabis Commission may refuse to grant a service permit if it has reasonable grounds to believe any of the following to be true:

      (a) That the applicant is in the habit of using alcoholic beverages or controlled substances to excess.

      (b) That the applicant has made false statements to the commission.

      (c) That the applicant is incompetent or physically incapable of performing the duties of a permittee.

      (d) That the applicant has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted at any time of a felony.

      (e) That the applicant has not completed the alcohol server education course and examination required by ORS 471.542.

      (2) Notwithstanding ORS 183.435, an applicant who seeks review of the refusal of a service permit must request a hearing:

      (a) Within 15 days after notification of the refusal, if the refusal is based on failure to complete the alcohol server education course and examination; or

      (b) Within 30 days after notification of the refusal, if the refusal is based on any grounds other than failure to complete the alcohol server education course and examination. [1979 c.788 §5; 1997 c.79 §3; 2001 c.785 §8; 2005 c.12 §1; 2009 c.350 §1; 2017 c.533 §15; 2021 c.351 §93]

 

      471.385 Grounds for revoking or suspending permit or imposing civil penalty; responsibility of licensee. (1) The Oregon Liquor and Cannabis Commission may revoke or suspend a 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:

      (a) That the permittee has made false statements to the commission.

      (b) That the permittee has been convicted of a felony, of violating any of the liquor laws of the state, general or local, or any misdemeanor or violation of any municipal ordinance committed on the licensed premises.

      (c) That the permittee has performed or permitted any act which would constitute a violation of any provision of this chapter or any rule of the commission, if the act were performed or permitted by any licensee of the commission.

      (d) That the permittee was aware of activities that the permittee had a duty to report under ORS 471.271 and the permittee did not report.

      (2) The issuance, suspension or revocation of a permit under ORS 471.360 to 471.385 does not relieve a licensee from responsibility for any act of an employee on the licensee’s premises.

      (3) When there has been a violation of this chapter or any rule adopted thereunder upon any premises licensed by the commission, the commission may revoke or suspend either the service permit of the employee who violated the law or rule or the license of the licensee upon whose premises the violation occurred, or both the permit and the license.

      (4) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1979 c.788 §§6,8; 1981 c.599 §5; 1991 c.734 §43; 1995 c.301 §39; 1999 c.351 §55; 2009 c.350 §2; 2017 c.533 §16; 2021 c.44 §3; 2021 c.351 §94]

 

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

 

“TIED HOUSE” PROHIBITIONS

 

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

      (1) “Manufacturer or wholesaler” means:

      (a) A person holding 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 distillery license issued under ORS 471.230, a wholesale malt beverage and wine license issued under ORS 471.235, a warehouse license issued under ORS 471.242, a direct to retailer permit issued under ORS 471.274 or a direct shipper permit issued under ORS 471.282.

      (b) Any manufacturer of alcoholic liquors whose products are sold in the State of Oregon.

      (2) “Retail licensee” means the holder of a full or limited on-premises sales license, an off-premises sales license or a temporary sales license. “Retail licensee” does not include a bona fide trade association that represents retail licensees and that is open to all persons licensed under at least one type of retail license. [1995 c.301 §76; 1997 c.249 §172; 1999 c.351 §31; 2016 c.3 §5; 2023 c.391 §18]

 

      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.

      (2) Except as provided in ORS 471.396, a manufacturer or wholesaler may not acquire or hold any right, title, lien, claim or other interest, financial or otherwise, in, upon or to the premises, equipment, business or merchandise of a retail licensee.

      (3) Except as provided in ORS 471.396, a retail licensee may not acquire or hold any right, title, lien, claim or other interest, financial or otherwise, in, upon or to the premises, equipment, business or merchandise of any manufacturer or wholesaler. [1995 c.301 §77; 1999 c.351 §56]

 

      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.

      (2)(a) The prohibitions of ORS 471.394 (2) and (3) do not apply to a person who wholesales alcoholic liquor and who is not required to be licensed under the provisions of this chapter if the retail licensee does not sell any brand of alcoholic liquor sold or distributed by the person and does not sell any brand of alcoholic liquor produced by any manufacturer doing business with the person selling at wholesale.

      (b) The prohibitions of ORS 471.394 (2) and (3) do not apply to a manufacturer of alcoholic liquor if the retail licensee does not sell any brand of alcoholic liquor sold, distributed or produced by the manufacturer and does not sell any brand of alcoholic liquor sold, distributed or produced by any subsidiary or other business entity that the manufacturer owns or manages, or that the manufacturer exercises control over.

      (3) The prohibitions of ORS 471.394 do not apply solely by reason of the family relationship of a spouse or family member to a manufacturer or wholesaler if:

      (a) The manufacturer or wholesaler is licensed by the Oregon Liquor and Cannabis Commission to sell alcoholic liquor at wholesale;

      (b) The license authorizing sale of alcoholic liquor at wholesale was first issued before January 1, 1965, and has been held continuously since that date;

      (c) The spouse or family member holds or seeks a license that authorizes the retail sale of alcoholic liquor for off-premises consumption only; and

      (d) The manufacturer or wholesaler does not directly or indirectly sell alcoholic liquor to the spouse or family member.

      (4) The prohibitions of ORS 471.394 do not apply solely by reason of the family relationship of a spouse or family member to the retail licensee if the manufacturer or wholesaler is licensed by the commission to sell alcoholic liquor at wholesale and does not directly or indirectly sell alcoholic liquor to the spouse or family member.

      (5) Notwithstanding ORS 471.394, a manufacturer or wholesaler, and any officer, director or substantial stockholder of any corporate manufacturer or wholesaler, may hold, directly or indirectly, an interest in a full or limited on-premises sales licensee, provided that the interest does not result in exercise of control over, or participation in the management of, the licensee’s business or business decisions, and does not result in exclusion of any competitor’s brand of alcoholic liquor.

      (6) Notwithstanding ORS 471.394, a full or limited on-premises sales licensee, and any officer, director or substantial stockholder of any corporate full or limited on-premises sales licensee, may hold, directly or indirectly, an interest in a manufacturer or wholesaler, provided that the interest does not result in exercise of control over, or participation in the management of, the manufacturer’s or wholesaler’s business or business decisions, and does not result in exclusion of any competitor’s brand of alcoholic liquor.

      (7) Notwithstanding ORS 471.394, an institutional investor with a financial interest in a wholesaler or manufacturer may hold, directly or indirectly, an interest in a retail licensee unless the institutional investor controls, is controlled by, or is under common control with, a wholesaler or manufacturer. Notwithstanding ORS 471.394, an institutional investor with a financial interest in a retail licensee may hold, directly or indirectly, an interest in a wholesaler or manufacturer unless the institutional investor controls, is controlled by, or is under common control with, a retail licensee. The provisions of this subsection apply only to an institutional investor that is a state or federally chartered bank, a state or federally chartered mutual savings bank, a mutual fund or pension fund, or a private investment firm. The principal business activity of the institutional investor must be the investment of capital provided by depositors, participants or investors. The institutional investor must maintain a diversified portfolio of investments. The majority of the institutional investor’s investments may not be in businesses that manufacture, distribute or otherwise sell alcoholic beverages. The institutional investor, and the officers, directors, substantial shareholders, partners, employees and agents of the institutional investor, may not participate in management decisions relating to the sale or purchase of alcoholic beverages made by a licensee in which the institutional investor holds an interest.

      (8) Notwithstanding ORS 471.394, a member of the board of directors of a parent company of a corporation that is a manufacturer may serve on the board of directors of a parent company of a corporation that is a retail licensee if:

      (a) The manufacturer or parent company of a manufacturer is listed on a national security exchange;

      (b) All purchases of alcoholic beverages by the retail licensee are made from holders of wholesale malt beverage and wine licenses, brewery licenses or winery licenses in this state;

      (c) The interest of the member of the board of directors does not result in the exclusion of any competitor’s brand of alcoholic beverages on the licensed premises of the retail licensee; and

      (d) The sale of goods and services other than alcoholic beverages by the retail licensee exceeds 50 percent of the gross receipts of the business conducted by the retail licensee on the licensed premises. [1995 c.301 §78; 1997 c.257 §2; 1997 c.803 §4; 1999 c.351 §32; 1999 c.442 §1; 2007 c.134 §2; 2021 c.351 §95]

 

      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:

      (1) Any substantial gratuities;

      (2) Any finances, money, credit, discounts or rebates;

      (3) Any fixtures, furniture or furnishings;

      (4) Any equipment other than advertising and point of sale material and other items of nominal value supplied to all retail licensees without discrimination; or

      (5) Any services other than the inspection of equipment, the inspection and rotation of stock, the building of displays and other services of nominal value incidental to merchandising in the usual course of business furnished to all retail licensees without discrimination. [1995 c.301 §79; 1997 c.79 §4]

 

      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:

      (A) The equipment is leased or furnished for a special event;

      (B) A reasonable rental or service fee is charged for the equipment; and

      (C) Except as provided in paragraph (b) of this subsection, the period that the equipment is leased or furnished does not exceed 14 days.

      (b) The maximum period for which equipment may be leased or furnished under this subsection may be extended by periods that are reasonable for the equipment to be set up at or removed from the site of the special event.

      (2) Notwithstanding ORS 471.394 and 471.398, the Oregon Liquor and Cannabis Commission may specify by rule the manner and circumstances under which a manufacturer or wholesaler may provide products and services to a nonprofit special licensee.

      (3)(a) Notwithstanding ORS 471.394 and 471.398, the commission shall allow the sale of nonalcoholic products in the manner in which the nonalcoholic product is sold by a manufacturer or wholesaler not licensed by the commission. The commission may limit merchandising practices involving nonalcoholic products if the commission finds that the limitations are necessary to prevent abuses of ORS 471.394 and 471.398 by the industry as a whole.

      (b) Any fixtures, equipment or furnishings provided by a manufacturer or wholesaler in furtherance of the sale of nonalcoholic products may not be used by the retail licensee to store, service, display, advertise, furnish or sell, or aid in the sale of, alcoholic products regulated by the commission. All fixtures, equipment or furnishings described in this subsection must be identified by the retail licensee as being furnished by a licensed manufacturer or wholesaler. [1995 c.301 §80; 2021 c.180 §13; 2021 c.351 §96]

 

      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:

      (a) Holds a full or limited on-premises sales license and has on the licensed premises at least one room or area for which the maximum occupancy approved by the State Fire Marshal or a governmental subdivision granted an exemption under ORS 476.030 is 3,000 or more persons;

      (b) Holds a full or limited on-premises sales license and the licensed premises is owned by the United States Government or a public body as defined in ORS 174.109;

      (c) Holds a full or limited on-premises sales license and is a foreign corporation or nonprofit corporation, both as defined in ORS 65.001, that possesses a certificate of authorization or certificate of existence issued under ORS 65.027; or

      (d) Holds a temporary sales license and is an entity described in ORS 471.190 (3)(a), (c) or (d).

      (2) A manufacturer or wholesaler may purchase advertising space or time under this section only in connection with events to be held on the licensed premises.

      (3) A retail licensee that sells advertising space or time under this section must serve other brands of distilled liquors, malt beverages, cider or wine in addition to the brand manufactured or sold by the manufacturer or wholesaler purchasing advertising space or time.

      (4) A purchase of advertising space or time under the provisions of this section must be made by written agreement. [1995 c.51 §2; 1999 c.351 §71; 2011 c.173 §1; 2013 c.537 §8]

 

      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]

 

      Note: 471.402 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 471 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

PROHIBITIONS RELATING TO LIQUOR

 

      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.

      (2) The holder of a brewery-public house license or a brewery license may allow patrons to brew malt beverages not to exceed 14 percent alcoholic content by volume if the brewing is conducted under the direct supervision of the licensee or employees of the licensee. Malt beverages produced under this subsection may not be sold by the patron.

      (3) The holder of a winery license may allow patrons to make wine if the winemaking is conducted under the direct supervision of the licensee or employees of the licensee. Wine produced under this subsection may not be sold by the patron.

      (4) A person may make homemade beer, wine and fermented fruit juice as authorized under ORS 471.037. A person may provide assistance to another in making the homemade beer, wine or fermented fruit juice, if the person does not receive financial consideration as defined in ORS 471.037 for providing the assistance. [Formerly 471.205; 2007 c.414 §1; 2011 c.12 §4; 2021 c.351 §97]

 

      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:

      (a) Alcoholic liquor ordered by and en route to the Oregon Liquor and Cannabis Commission, under a certificate of approval issued by the commission.

      (b) Wines for sacramental purposes according to rules adopted by the commission.

      (c) Alcoholic liquor that is in transit on a common carrier to a destination outside Oregon.

      (d) Alcoholic liquor coming into Oregon on a common carrier according to orders placed by a licensed brewery, winery or wholesaler.

      (e) Grain and ethyl alcohol for scientific, pharmaceutical, manufacturing, mechanical or industrial use, under a certificate of approval issued by the commission.

      (f) Malt beverages, wine or cider that is sold and transported by the holder of a direct to retailer permit pursuant to ORS 471.274.

      (g) Malt beverages, wine or cider shipped directly to a resident of this state under a direct shipper permit issued pursuant to ORS 471.282.

      (2) The commission may require importers of alcoholic liquor to pay a reasonable handling fee based on the quantity and type of alcoholic liquor being imported. [Formerly 471.335; 2007 c.651 §6; 2007 c.854 §3; 2009 c.240 §3; 2015 c.673 §6; 2021 c.351 §98; 2023 c.391 §19]

 

      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.

      (2) No person shall purchase, possess, transport or import, except for sacramental purposes, an alcoholic beverage unless it is procured from or through the Oregon Liquor and Cannabis Commission, except as provided otherwise in the Liquor Control Act.

      (3) No person not licensed under the Liquor Control Act shall sell, solicit, take orders for or peddle alcoholic beverages.

      (4) Notwithstanding the provisions of subsection (2) of this section, an individual entering the state may have in possession an amount not to exceed four liters (135.2 fluid ounces) of distilled liquor, two cases of wine or cider (620 fluid ounces) and two cases of malt beverages (576 fluid ounces). These quantities of alcoholic beverages are exempt from fees collected by the commission.

      (5) Upon conviction for unlawfully purchasing or importing alcoholic beverages into this state, the person convicted shall forfeit to the commission the alcoholic beverage so purchased or imported. The commission shall thereupon seize the forfeited beverage and it shall then become the commission’s property. [Amended by 1953 c.120 §6; 1974 c.4 §5; 1981 c.600 §1; 1985 c.592 §2; 1987 c.608 §11; 1995 c.301 §19; 1999 c.351 §72; 2021 c.351 §99]

 

      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:

      (1) Soliciting orders for alcoholic beverages or receiving orders for alcoholic beverages.

      (2) Keeping alcoholic beverages for sale or exposing alcoholic beverages for sale.

      (3) Delivering alcoholic beverages for value or in any way other than purely gratuitously.

      (4) Peddling alcoholic beverages.

      (5) Keeping alcoholic beverages with intent to sell.

      (6) Trafficking in alcoholic beverages.

      (7) For any consideration, promised or obtained, directly or indirectly, or under any pretext or by any means, procuring alcoholic beverages, or allowing alcoholic beverages to be procured, for any other person. [1995 c.301 §8 (enacted in lieu of 471.025); 1999 c.351 §57]

 

      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:

      (1) The alcoholic beverages are offered for the purpose of inducing members of the public to purchase food or beverages or to pay for entertainment; and

      (2) The person providing the alcoholic beverages does not hold a license issued under this chapter that authorizes the retail sale of alcoholic beverages. [1999 c.646 §8; 2001 c.104 §214]

 

      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.

      (2) A nonprofit or charitable organization registered in this state may auction or raffle alcoholic liquor as provided under ORS 471.162 (6) and may deliver or arrange for delivery of the alcoholic liquor to the residence of the successful bidder or raffle winner.

      (3) A charitable, fraternal or religious organization may offer alcoholic liquor as a prize, premium or consideration in a contest of chance described in ORS 167.117 (7)(b) or conducted as part of a Monte Carlo event as defined in ORS 167.117.

      (4) An auction is not a lottery, contest, game of chance or skill or competition for purposes of this section. [1995 c.363 §2; 1997 c.191 §1; 1997 c.867 §25; 2013 c.150 §1]

 

      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.

      (2) A person other than the person’s parent or guardian may not sell, give or otherwise make available any alcoholic liquor to a person under the age of 21 years. A parent or guardian may give or otherwise make alcoholic liquor available to a person under the age of 21 years only if the person is in a private residence and is accompanied by the parent or guardian. A person violates this subsection if the person sells, gives or otherwise makes available alcoholic liquor to a person with the knowledge that the person to whom the liquor is made available will violate this subsection.

      (3)(a) A person who exercises control over private real property may not knowingly allow any other person under the age of 21 years who is not a child or minor ward of the person to consume alcoholic liquor on the property, or allow any other person under the age of 21 years who is not a child or minor ward of the person to remain on the property if the person under the age of 21 years consumes alcoholic liquor on the property.

      (b) This subsection:

      (A) Applies only to a person who is present and in control of the location at the time the consumption occurs;

      (B) Does not apply to the owner of rental property, or the agent of an owner of rental property, unless the consumption occurs in the individual unit in which the owner or agent resides; and

      (C) Does not apply to a person who exercises control over a private residence if the liquor consumed by the person under the age of 21 years is supplied only by an accompanying parent or guardian.

      (4) This section does not apply to sacramental wine given or provided as part of a religious rite or service.

      (5) Except as provided in subsection (6) of this section, a person who violates subsection (1) or (2) of this section commits a Class A misdemeanor. Upon violation of subsection (2) of this section, the court shall impose at least a mandatory minimum sentence as follows:

      (a) Upon a first conviction, a fine of at least $500.

      (b) Upon a second conviction, a fine of at least $1,000.

      (c) Upon a third or subsequent conviction, a fine of at least $1,500 and not less than 30 days of imprisonment.

      (6)(a) A person who violates subsection (2) of this section is subject to the provisions of this subsection if the person does not act knowingly or intentionally and:

      (A) Is licensed or appointed under this chapter;

      (B) Is an employee or agent of a person licensed or appointed under this chapter and the employee or agent violates subsection (2) of this section while acting on behalf or at the direction of the licensee or person appointed under this chapter; or

      (C) Is a delivery person as defined in ORS 471.521 and was delivering alcoholic beverages to a final consumer.

      (b) For a person described in paragraph (a) of this subsection:

      (A) A first conviction is a Class A violation.

      (B) A second conviction is a specific fine violation, and the presumptive fine for the violation is $860.

      (C) A third conviction is a Class A misdemeanor. The court shall impose a mandatory fine of not less than $1,000.

      (D) A fourth or subsequent conviction is a Class A misdemeanor. The court shall impose a mandatory fine of not less than $1,000 and a mandatory sentence of not less than 30 days of imprisonment.

      (7) The court may waive an amount that is at least $200 but not more than one-third of the fine imposed under subsection (5) of this section, if the violator performs at least 30 hours of community service.

      (8) Except as provided in subsection (7) of this section, the court may not waive or suspend imposition or execution of the mandatory minimum sentence required by subsection (5) or (6) of this section. In addition to the mandatory sentence, the court may require the violator to make restitution for any damages to property where the alcoholic liquor was illegally consumed or may require participation in volunteer service to a community service agency.

      (9)(a) Except as provided in paragraph (b) of this subsection, a person who violates subsection (3) of this section commits a Class A violation.

      (b) A second or subsequent violation of subsection (3) of this section is a specific fine violation, and the presumptive fine for the violation is $1,000.

      (10) Nothing in this section prohibits any licensee under this chapter from allowing a person who is visibly intoxicated to remain on the licensed premises so long as the person is not sold or served any alcoholic liquor. [Amended by 1963 c.243 §1; 1971 c.159 §5; 1977 c.458 §1; 1977 c.814 §1; 1983 cor. c.736 §1; 1995 c.301 §40; 1995 c.599 §5; 1995 c.756 §1; 1999 c.351 §58; 2009 c.412 §1; 2009 c.587 §4; 2009 c.608 §3; 2011 c.597 §87; 2014 c.20 §3; 2021 c.97 §63; 2021 c.351 §100; 2023 c.539 §18]

 

      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.

      (2) A licensee or permittee is not in violation of subsection (1) of this section if the licensee or permittee makes a good faith effort to remove any unconsumed alcoholic beverages from the person’s possession when the licensee or permittee observes that the person is visibly intoxicated.

      (3) Nothing in this section applies to determining liability under ORS 471.565.

      (4) Notwithstanding any other provision of law, the Oregon Liquor and Cannabis Commission shall only impose letters of reprimand for the first three violations of this section within a two-year period. For license renewal purposes, the first three violations of this section in a two-year period do not apply in determining the past record of compliance under ORS 471.313 (1)(d)(G). [1989 c.785 §2; 1995 c.301 §69; 2011 c.107 §2; 2021 c.351 §101; 2023 c.391 §20]

 

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

 

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

 

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

 

      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.

      (2) No licensee of the commission shall maintain a noisy, lewd, disorderly or insanitary establishment or supply impure or otherwise deleterious alcoholic beverages.

      (3) No licensee of the commission shall misrepresent to a customer or to the public any alcoholic liquor sold by such licensee. [Amended by 2021 c.351 §102]

 

      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.

      (2) For the purposes of this section, personal possession of alcoholic beverages includes the acceptance or consumption of a bottle of alcoholic beverages, or any portion or a drink of alcoholic beverages. However, this section does not prohibit the acceptance or consumption by any person of sacramental wine as part of a religious rite or service.

      (3) Except as authorized by rule or as necessitated in an emergency, a person under 21 years of age may not enter or attempt to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors.

      (4)(a) Except as provided in paragraph (b) of this subsection, a person who violates subsection (1) or (3) of this section commits a Class B violation.

      (b) A person commits a Class A violation if the person violates subsection (1) of this section by reason of personal possession of alcoholic beverages while the person is operating a motor vehicle as defined in ORS 801.360.

      (c) Notwithstanding ORS 153.018, if a person who violates subsection (1) or (3) of this section was under 18 years of age at the time of the violation, the court may not impose any fine for the violation.

      (5) In addition to and not in lieu of any other penalty established by law:

      (a) The court may order a person who violates subsection (1) of this section through misrepresentation of age to perform community service; and

      (b) The court shall order, when a person violates subsection (1) of this section, that the person’s driving privileges and right to apply for driving privileges be suspended pursuant to ORS 809.260 and 809.280. The court notification made to the Department of Transportation under this paragraph may include a recommendation that the person be granted a hardship permit under ORS 807.240 if the person is otherwise eligible for the permit.

      (6) If a person cited under this section is at least 13 years of age but less than 21 years of age at the time the person is found in default under ORS 153.102 or 419C.472 for failure to appear, in addition to and not in lieu of any other penalty established by law, the court shall issue notice under ORS 809.220 to the department for the department to suspend the person’s driving privileges under ORS 809.280 (4).

      (7) In addition to and not in lieu of any penalty established by law, the court may order a person who violates this section to undergo assessment and treatment as provided in ORS 471.432. The court shall order a person to undergo assessment and treatment as provided in ORS 471.432 if the person has previously been found to have violated this section.

      (8) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of the Oregon Liquor and Cannabis Commission or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages to persons who are under 21 years of age.

      (9) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of a licensee, an eligible business, as defined in ORS 471.521, or a third-party delivery facilitator, as defined in ORS 471.521, for the purpose of investigating possible violations by employees or agents of the licensee, eligible business or third-party delivery facilitator of laws prohibiting sales or deliveries of alcoholic beverages to persons who are under 21 years of age.

      (10)(a) A person under 21 years of age is not in violation of, and is immune from prosecution under, this section if:

      (A) The person contacted emergency medical services or a law enforcement agency in order to obtain medical assistance for another person who was in need of medical assistance due to alcohol consumption and the evidence of the violation was obtained as a result of the person’s having contacted emergency medical services or a law enforcement agency; or

      (B) The person was in need of medical assistance due to alcohol consumption and the evidence of the violation was obtained as a result of the person’s having sought or obtained the medical assistance.

      (b) Paragraph (a) of this subsection does not exclude the use of evidence obtained as a result of a person’s having sought medical assistance in proceedings for crimes or offenses other than a violation of this section. [Amended by 1963 c.243 §2; 1965 c.166 §1; 1971 c.159 §6; 1975 c.493 §1; 1979 c.313 §8; 1991 c.860 §2; 1999 c.646 §1; 1999 c.1051 §186; 2001 c.791 §4; 2007 c.41 §1; 2007 c.298 §1; 2009 c.228 §1; 2011 c.355 §21; 2014 c.11 §1; 2017 c.20 §1; 2021 c.351 §103; 2021 c.597 §30; 2023 c.539 §19]

 

      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:

      (1) If the person is 18 years of age or older, pay to the court the fee described under ORS 813.030 in addition to any fine imposed under ORS 471.430.

      (2) Complete an examination by an agency or organization designated by the court to determine whether the person has a problem condition involving alcohol as described in ORS 813.040. The designated agencies or organizations must meet minimum standards established under ORS 430.357 to perform the diagnostic assessment and treatment of problem drinking and alcoholism and must be certified by the Director of the Oregon Health Authority.

      (3) Complete a treatment program, paid at the expense of the person convicted, as follows:

      (a) If the examination required under this section shows that the person has a problem condition involving alcohol, a program for rehabilitation for alcoholism approved by the director.

      (b) If the examination required by this section shows that the person does not have a problem condition involving alcohol, an alcohol information program approved by the director. [1999 c.646 §2; 2009 c.595 §960; 2011 c.673 §39; 2021 c.597 §31]

 

      Note: 471.432 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 471 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      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.

      (b) A person who is the 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 any person contacted emergency medical services or a law enforcement agency to report the crime or to obtain medical or law enforcement assistance for the victim.

      (2) The immunity from arrest or prosecution described in this section is not grounds for the suppression of evidence relating to a criminal offense other than a violation of ORS 471.430.

      (3) As used in this section, “sexual assault crime” means an offense described in ORS 163.355 to 163.427. [2017 c.347 §1]

 

      Note: 471.434 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 471 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      471.435 [Repealed by 1953 c.120 §6]

 

      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.

      (2) A distillery may not be set up or operated in this state for the purpose of manufacturing alcoholic liquor for beverage purposes except by a person duly licensed under the Liquor Control Act to operate a distillery. Any device or process that separates alcoholic spirits from any fermented substance shall be regarded as a distillery. A distillery is set up if the still is in position over a furnace, or is connected with a boiler, so that heat may be applied, although the worm or worm tank is not in position.

      (3) The finding of any mash, wort, wash or distillery in any house, on any premises or within any enclosure, is prima facie evidence that it was made and fermented by, or set up by, and the property of, the person who is in possession of the house, premises or enclosure. [Amended by 1999 c.351 §73; 2011 c.12 §5]

 

      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.

      (2) The Oregon Liquor and Cannabis Commission may require a manufacturer, importer or wholesaler to provide samples of a particular wine or cider, and to provide a laboratory analysis demonstrating to the satisfaction of the commission that the particular wine or cider complies with the minimum standards in this state.

      (3) No wine or cider offered for sale within this state may be altered or tampered with in any way by any person not licensed to do so by the commission.

      (4) The commission may prohibit the sale of any wine or cider for a reasonable period of time while it is determining whether the wine or cider complies with minimum standards in this state. [Formerly 471.340; 2021 c.351 §104]

 

      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.

      (2) No licensee other than a winery licensee may mix or permit the mixing of any alcoholic liquor which the licensee is authorized to sell with any other alcoholic liquor which the licensee is not authorized by license to sell.

 

      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.

      (2) The Oregon Liquor and Cannabis Commission may refuse to sell, or may prohibit any licensee from selling, any brand of alcoholic liquor which in its judgment is deceptively labeled or branded as to content, or contains injurious or adulterated ingredients. [Formerly 471.345; 2021 c.351 §105]

 

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

 

      471.450 [Repealed by 1971 c.116 §1]

 

      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]

 

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

 

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

 

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

 

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

 

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

 

      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]

 

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

 

      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:

      (a) The system for selling containers of distilled liquor at retail in this state changes after the person assumes operation of the store; and

      (b) The system change results from a law that prohibits the commission from purchasing or selling distilled liquor.

      (2) The purpose of business loss compensation is to offset the actual or presumed sales reduction and actual or perceived devaluation of a liquor store business following a system change described in subsection (1) of this section. The commission shall pay a person qualifying under this section business loss compensation equal to four percent of the average annual gross distilled liquor sales made by the store during the five years that preceded the system change, whether or not the person was the store operator during the entire five-year period. If the store has operated less than five years prior to the system change, the commission shall pay compensation equal to four percent of the average annual gross distilled liquor sales made by the store prior to the system change.

      (3)(a) The commission shall pay any business loss compensation due under this section from the suspense account described in ORS 471.805. Except as otherwise required by federal or state law or by contract, the commission shall give the payment of business loss compensation priority over the payment of other debts from the suspense account.

      (b) Notwithstanding ORS 279A.250 to 279A.290 or the revolving fund balance limit established in ORS 471.805, if a change in the system for selling containers of distilled liquor at retail in this state results in business loss compensation being payable under this section, and the commission declares within five years after the system change that a warehouse established by the commission under ORS 471.750 or the inventory of the commission is surplus property, the net proceeds from sale of the warehouse or inventory remaining after deduction of sales costs shall be deposited to the suspense account described in ORS 471.805. All moneys deposited under this paragraph shall be kept in a subaccount within the suspense account that indicates the source of the moneys. Notwithstanding ORS 471.805, moneys deposited to the suspense account under this paragraph may not be transferred to the Oregon Liquor and Cannabis Commission Account if any business loss compensation is owed and remains unpaid. This paragraph does not restrict the source for paying business loss compensation from the suspense account or alter the priority of business loss compensation payment established in paragraph (a) of this subsection.

      (4) If a person that receives business loss compensation under this section brings any action against the commission for damages resulting from a change in the system for selling containers of distilled liquor at retail in this state, the business loss compensation received by the person as a result of that system change shall be an offset against any damages awarded the person in the action. This subsection does not create any new cause of action.

      (5) Business loss compensation received by a person under this section does not affect the claiming of any tax deduction by the person for depreciation of equipment, fixtures or other property improvements, but is ordinary business income of the person, taxable as provided by law. [2015 c.228 §2; 2021 c.351 §106]

 

      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]

 

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

 

      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.

      (2) Any employee 18 years of age or older of a person who holds a wholesale malt beverage and wine license from the Oregon Liquor and Cannabis Commission may assist the licensee in the delivery of any alcoholic liquor authorized by such license.

      (3) During any inspection of a licensed premises, the commission may require proof that a person performing work at the premises meets any applicable minimum age requirement created under this chapter or under commission rules. If the person does not provide the commission with acceptable proof of age upon request, the commission may require the person to immediately cease any activity that is subject to a minimum age requirement until the commission receives acceptable proof of age. If the activity is the sole lawful basis for the person to be present on the premises, the commission may require that the person leave the premises. This subsection does not apply to a person temporarily at the premises to make a service, maintenance or repair call, to make a delivery or for other purposes independent of the premises operations.

      (4) If a person performing work that is subject to a minimum age requirement has not provided proof of age requested by the commission under subsection (3) of this section, the commission may request that the licensee or a manager of the premises provide proof that the person meets any applicable minimum age requirement created under this chapter or under commission rules. Failure of the licensee or manager to respond to a request made under this subsection by providing acceptable proof of age for a person is prima facie evidence that the licensee has allowed the person to perform work at the licensed premises in violation of a minimum age requirement. [1971 c.490 §1; 1985 c.378 §2; 1999 c.351 §34; 2011 c.92 §1; 2021 c.351 §109]

 

      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.

      (2) A person who is 18, 19 or 20 years of age may enter areas classified by the commission as being prohibited to the use of minors only for the purpose of ordering and picking up alcoholic liquor for service in other parts of the premises. However, the person shall not remain in the areas longer than is necessary to perform those duties.

      (3) The commission by rule may permit access to prohibited areas by any minor for nonalcoholic liquor employment purposes as long as the minor does not remain longer than is necessary to perform the duties.

      (4) During any inspection of a licensed premises, the commission may require proof that a person performing work at the premises meets any applicable minimum age requirement created under this chapter or under commission rules. If the person does not provide the commission with acceptable proof of age upon request, the commission may require the person to immediately cease any activity that is subject to a minimum age requirement until the commission receives acceptable proof of age. If the activity is the sole lawful basis for the person to be present on the premises, the commission may require that the person leave the premises. This subsection does not apply to a person temporarily at the premises to make a service, maintenance or repair call, make a delivery or for other purposes independent of the premises operations.

      (5) If a person performing work that is subject to a minimum age requirement has not provided proof of age requested by the commission under subsection (4) of this section, the commission may request that the licensee or a manager of the premises provide proof that the person meets any applicable minimum age requirement created under this chapter or under commission rules. Failure of the licensee or manager to respond to a request made under this subsection by providing acceptable proof of age for a person is prima facie evidence that the licensee has allowed the person to perform work at the licensed premises in violation of a minimum age requirement. [1981 c.610 §2; 1993 c.128 §2; 1995 c.301 §70; 1999 c.351 §59; 2011 c.92 §2; 2021 c.351 §110]

 

      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]

 

      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]

 

      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]

 

      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]

 

      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]

 

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

 

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

 

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

 

LOCAL OPTION

 

      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:

      (a) Alcoholic liquors containing more than five percent alcohol by volume;

      (b) Alcoholic liquors containing more than 14 percent alcohol by volume; and

      (c) All alcoholic liquors.

      (2) Except as provided in subsections (3), (4) and (5) of this section, the requirements for preparing, circulating and filing a petition under this section:

      (a) In the case of a city, shall be as provided for an initiative petition under ORS 250.265 to 250.346.

      (b) In the case of a county, shall be as provided for an initiative petition under ORS 250.165 to 250.235.

      (3) A petition under subsection (2) of this section:

      (a) Must be filed not less than 60 days before the day of the election;

      (b) Must specify whether the prohibition would apply to the sale of all alcoholic liquors or only to alcoholic liquors containing more than five percent alcohol by volume or more than 14 percent alcohol by volume; and

      (c) Must be signed by not less than 10 percent of the electors registered in the city or county.

      (4) If ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a county or if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the county or city charter or an ordinance adopted under the county or city charter.

      (5) No signature is valid unless signed within 180 days before the petition is filed.

      (6) An election under this section shall be held at the time of the next statewide general election.

      (7) An election under this section shall be conducted under ORS chapters 246 to 260. [1983 c.350 §277 (471.506 enacted in lieu of 471.505); 1995 c.301 §87]

 

      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]

 

      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]

 

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

 

THIRD-PARTY DELIVERY FACILITATORS

 

      471.521 Definitions for ORS 471.521 to 471.537. 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 Cannabis Commission under this chapter or ORS 475C.005 to 475C.525 or 475C.548.

      (3) “Delivery person” means an employee, agent or contractor of a third-party delivery facilitator who delivers alcoholic beverages to the physical possession of a final consumer.

      (4) “Eligible business” means the holder of:

      (a) A full on-premises sales license issued under ORS 471.175;

      (b) A limited on-premises sales license issued under ORS 471.178;

      (c) An off-premises sales license issued under ORS 471.186;

      (d) A temporary sales license issued under ORS 471.190;

      (e) A brewery-public house license issued under ORS 471.200;

      (f) A brewery license issued under ORS 471.221;

      (g) A winery license issued under ORS 471.223;

      (h) A grower sales privilege license issued under ORS 471.227;

      (i) A direct shipper permit issued under ORS 471.282; or

      (j) Any other authorization, as determined by the commission by rule.

      (5) “Final consumer” means an individual who takes possession of alcoholic beverages at a delivery address for personal or social use, and not for resale.

      (6)(a) “Third-party delivery facilitator” means an individual, person or company that:

      (A) Delivers, or holds itself out as willing to deliver, alcoholic beverages from an eligible business to a final consumer; or

      (B) Facilitates, or holds itself out as willing to facilitate, the sale and delivery of alcoholic beverages by an eligible business to a final consumer.

      (b) “Third-party delivery facilitator” does not include a motor carrier as defined in 49 U.S.C. 13102, a freight forwarder as defined in 49 U.S.C. 13102 or an air carrier as defined in 49 U.S.C. 40102. [2023 c.539 §2]

 

      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:

      (a) Is at least 18 years of age; and

      (b) Has a valid driver license or other state-issued identification.

      (2) Prior to making any deliveries of alcoholic beverages, a delivery person shall first complete the training program and be issued a certificate of completion, as described in ORS 471.527.

      (3) A delivery person may also be a third-party delivery facilitator that holds a permit issued under ORS 471.534.

      (4) A delivery person may charge an eligible business a fee for delivering alcoholic beverages on behalf of the eligible business.

      (5) A violation of subsection (1) of this section:

      (a) Upon a first conviction, is a Class A violation.

      (b) Upon a second or subsequent conviction, is a Class A misdemeanor. [2023 c.539 §3]

 

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

 

      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:

      (a) Forms of identification required by ORS 471.130 and methods for identifying, inspecting, accepting or rejecting identification;

      (b) Signs of visible intoxication and methods for recognizing these signs and for refusing to deliver alcoholic beverages to a final consumer; and

      (c) Rules adopted by the Oregon Liquor and Cannabis Commission relating to the delivery of alcoholic beverages to a final consumer.

      (2) The commission may adopt rules regarding the approval of training programs described in subsection (1) of this section.

      (3) In conjunction with an application for a permit under ORS 471.534, a third-party delivery facilitator shall submit to the commission a copy of the third-party delivery facilitator’s training program for approval by the commission.

      (4)(a) A third-party delivery facilitator shall provide the training program described in subsection (1) of this section to delivery persons employed by or contracted with the third-party delivery facilitator, and shall issue to delivery persons who successfully complete the training program a certificate of completion.

      (b) In order to provide the training program described in subsection (1) of this section, a third-party delivery facilitator may offer a training program internally or may contract with another party that offers a training program that is approved by the commission.

      (c) A third-party delivery facilitator may offer a training program described in subsection (1) of this section only if the training program is approved by the commission.

      (5) A delivery person may not engage in the delivery of alcoholic beverages unless the delivery person first completes the training program described in subsection (1) of this section and holds a certificate of completion described in subsection (4) of this section. A delivery person who delivers alcoholic beverages on behalf of more than one third-party delivery facilitator must complete the training program, and hold a certificate of completion, from each third-party delivery facilitator on whose behalf the delivery person delivers alcoholic beverages.

      (6) The commission may adopt rules to carry out this section, including rules to establish a fee for review and approval of a training program described in subsection (1) of this section. [2023 c.539 §4]

 

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

 

      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]

 

      471.534 Third-party delivery facilitator permit; grounds to refuse to issue, 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.

      (2)(a) The commission may refuse to issue a permit, and may suspend or revoke a permit, if the commission finds or has reasonable grounds to believe that:

      (A) A third-party delivery facilitator is, or has a financial interest in, a manufacturer;

      (B) A third-party delivery facilitator provided material false or misleading information to the commission or omitted information that should have been provided to the commission; or

      (C) Subject to paragraph (b) of this subsection, a third-party delivery facilitator, or any person used by or acting on behalf or at the direction of the third-party delivery facilitator, does not have a good record of compliance under this chapter, as assessed upon initial application for a permit under this section and annually upon application for renewal of a permit issued under this section.

      (b) The commission shall establish by rule a process through which the commission shall notify a third-party delivery facilitator of a compliance issue as described under paragraph (a)(A) of this subsection and allow the third-party delivery facilitator an opportunity to cure the issue prior to the commission’s refusal to issue or renew the third-party delivery facilitator’s permit under this section.

      (3) A retail licensee, as defined in ORS 471.392, is eligible to qualify as a third-party delivery facilitator. A retail licensee that is also a third-party delivery facilitator may exercise any privilege granted by the retail license.

      (4)(a) A third-party delivery facilitator acting on behalf of an eligible business may:

      (A) Deliver, or cause to be delivered, alcoholic beverages to the physical possession of a final consumer on behalf of an eligible business;

      (B) Advertise alcoholic beverages available for retail sale;

      (C) Solicit, receive and accept orders for alcoholic beverages from final consumers; and

      (D) Receive payment for alcoholic beverages ordered by final consumers.

      (b) A third-party delivery facilitator may engage in an activity described in this section only when the third-party delivery facilitator is acting on behalf of an eligible business.

      (c) A third-party delivery facilitator may use only a delivery person who meets the requirements of ORS 471.524 to deliver alcoholic beverages to a final consumer.

      (d) A third-party delivery facilitator that is an individual who is a delivery person must meet the requirements of ORS 471.524, including the requirement to hold a valid driver license.

      (5) A third-party delivery facilitator may charge an eligible business a fee for delivering alcoholic beverages on behalf of the eligible business.

      (6) A third-party delivery facilitator shall maintain and make available records to the commission as required by the commission by rule.

      (7) The commission may adopt rules as necessary to regulate third-party delivery facilitators.

      (8)(a) An eligible business may use a third-party delivery facilitator to carry out, on behalf of the eligible business, deliveries of alcoholic beverages to final consumers that the eligible business is authorized to make. In carrying out a delivery described in this subsection, a third-party delivery facilitator shall ensure that the delivery is made in compliance with any requirements applicable to the delivery.

      (b) The commission shall adopt rules to carry out this subsection.

      (9) An eligible business that uses a third-party delivery facilitator to deliver alcoholic beverages on behalf of the eligible business is not responsible for any failure of the third-party delivery facilitator, or a delivery person employed by or contracted with the third-party delivery facilitator, to comply with the requirements of ORS 471.521 to 471.537 or rules adopted under ORS 471.521 to 471.537. [2023 c.539 §6]

 

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

 

      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.

      (2)(a) The commission may assess a civil penalty against a third-party delivery facilitator for a violation of this chapter or rules adopted by the commission under this chapter if the violation is committed by the third-party delivery facilitator or a delivery person acting on behalf of the third-party delivery facilitator.

      (b) The civil penalty assessed under paragraph (a) of this subsection must be at least $500 per violation and may not be more than $4,000 per violation.

      (c) ORS 471.990 does not apply to a violation for which a civil penalty may be issued under this subsection. [2023 c.539 §7]

 

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

 

ALCOHOL EDUCATION PROGRAM

 

      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]

 

      471.542 Alcohol server education course and examination; exemption; fees; rules. (1) Except as provided in subsection (2) of this section, the Oregon Liquor and Cannabis Commission shall require a person applying for issuance or renewal of a service permit or any license that authorizes the sale or service of alcoholic beverages for consumption on the premises to complete an approved alcohol server education course and examination as a condition of the issuance or renewal of the permit or license.

      (2) A person applying for issuance or renewal of a license that authorizes the sale or service of alcoholic beverages for consumption on the premises need not complete an approved alcohol server education course and examination as a condition of the issuance or renewal of the license if:

      (a) The license has been restricted by the commission to prohibit sale or service of alcoholic beverages for consumption on the premises; or

      (b) The person applying for issuance or renewal of the license submits a sworn statement to the commission stating that the person will not engage in sale or service of alcoholic beverages for consumption on the premises, will not directly supervise or manage persons who sell or serve alcoholic beverages on the premises, and will not participate in establishing policies governing the sale or service of alcoholic beverages on the premises.

      (3) The commission by rule shall establish requirements that licensees and permittees must comply with as a condition of requalifying for a license or permit. The licensee or permittee must comply with those requirements once every five years after completing the initial alcohol server education course and examination. The requirements established by the commission to requalify for a license may include retaking the alcohol server education course and examination. The requirements established by the commission to requalify for a service permit shall include retaking the alcohol server education course and examination.

      (4) The commission may extend the time periods established by this section upon a showing of hardship. The commission by rule may exempt a licensee from the requirements of this section if the licensee does not participate in the management of the business.

      (5) The standards and curriculum of alcohol server education courses shall include but not be limited to the following:

      (a) Alcohol as a drug and its effects on the body and behavior, especially driving ability.

      (b) Effects of alcohol in combination with commonly used legal, prescription or nonprescription, drugs and illegal drugs.

      (c) Recognizing the problem drinker and community treatment programs and agencies.

      (d) State alcohol beverage laws such as prohibition of sale to minors and sale to intoxicated persons, sale for on-premises or off-premises consumption, hours of operation and penalties for violation of the laws.

      (e) Drunk driving laws and liquor liability statutes.

      (f) Intervention with the problem customer, including ways to cut off service, ways to deal with the belligerent customer and alternative means of transportation to get the customer safely home.

      (g) Advertising and marketing for safe and responsible drinking patterns and standard operating procedures for dealing with customers.

      (6) The commission shall adopt rules to impose reasonable fees for administrative costs on alcohol server education course instructors and providers.

      (7) The commission shall provide alcohol server education courses and examinations through independent contractors, private persons or private or public schools certified by the commission. The commission shall adopt rules governing the manner in which alcohol server education courses and examinations are made available to persons required to take the course. In adopting rules under this subsection, the commission shall consider alternative means of providing courses, including but not limited to providing courses through audiotapes, videotapes, the Internet and other electronic media. [1985 c.658 §§2,3; 1987 c.851 §3; 1989 c.120 §6; 1989 c.178 §7; 1989 c.271 §1; 1997 c.803 §7; 1999 c.351 §36; 1999 c.1062 §8; 2001 c.785 §16; 2009 c.350 §4; 2011 c.9 §65; 2019 c.676 §2; 2021 c.351 §115]

 

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

 

      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:

      (a) One person who represents the commission.

      (b) One person who represents the Oregon State Police.

      (c) One person who represents the Oregon District Attorneys Association.

      (d) One person who represents the Oregon Health Authority.

      (e) One person who represents the Department of Transportation.

      (f) One person who represents a nonprofit organization the purpose of which is to reduce the incidence of drunk driving.

      (g) One person who has general expertise in education.

      (h) One person who has expertise in health education.

      (i) One person who represents classroom alcohol server education providers.

      (j) One person who represents online alcohol server education providers.

      (k) At least one person who is a service permittee under ORS 471.360.

      (L) Not more than two persons who represent insurance companies.

      (m) Not more than three persons who represent retail licensees.

      (2) The purpose of the advisory committee is to assist in the development of:

      (a) The standards, curriculum and materials for the alcohol server education courses required under ORS 471.542;

      (b) The examination required by ORS 471.542, and procedures for administering that examination;

      (c) The certification procedures, enforcement policies and penalties for alcohol server education course instructors and providers; and

      (d) The time requirements for completion of an alcohol server education course and examination and the conditions for probationary extension. [1985 c.658 §1; 1987 c.679 §1; 1991 c.67 §143; 1991 c.453 §3; 2001 c.785 §17; 2009 c.595 §961; 2013 c.58 §1; 2021 c.351 §116]

 

      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]

 

      471.550 [Repealed by 1983 c.350 §331a]

 

WARNING SIGNS RELATED TO ALCOHOL AND PREGNANCY

 

      471.551 Warning signs required; contents; size; display. (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 shall:

      (a) Contain the message: “Pregnancy and alcohol do not mix. Drinking alcoholic beverages, including wine, coolers and beer, during pregnancy can cause birth defects.”

      (b) Be either:

      (A) A large sign, no smaller than eight and one-half inches by 11 inches in size with lettering no smaller than five-eighths of an inch in height; or

      (B) A reduced sign, five by seven inches in size with lettering of the same proportion as the large sign described in paragraph (a) of this subsection.

      (c) Contain a graphic depiction of the message to assist nonreaders in understanding the message. The depiction of a pregnant female shall be universal and shall not reflect a specific race or culture.

      (d) Be in English unless a significant number of the patrons of the retail premises use a language other than English as a primary language. In such cases, the sign shall be worded in both English and the primary language or languages of the patrons.

      (e) Be displayed on the premises of all licensed retail liquor premises as either a large sign at the point of entry, or a reduced sized sign at points of sale.

      (3) The person described in subsection (1) of this section shall be encouraged to also post signs of any size at places where alcoholic beverages are displayed.

      (4) Notwithstanding ORS 471.561, the holder of a retail liquor license may produce the sign required by this section insofar as the sign is consistent with the standards established pursuant to this section, ORS 616.286 and 624.060 and the Oregon Liquor and Cannabis Commission, and is displayed in accordance with subsection (2)(e) of this section. [1991 c.324 §2; 1995 c.301 §42; 2021 c.351 §118]

 

      471.553 Consultation with certain groups on production and posting of signs. 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 described in ORS 471.551, which shall be distributed by the commission. [1991 c.324 §3; 2021 c.351 §119]

 

      471.555 [Repealed by 1957 c.231 §2 (471.556 enacted in lieu of 471.555)]

 

      471.556 [1957 c.231 §3 (enacted in lieu of 471.555); 1979 c.190 §423; repealed by 1983 c.350 §331a]

 

      471.557 Solicitation of private funds. 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]

 

      471.559 Violations; penalty. (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 violator shall be subject to:

      (a) A written warning from the commission for the first violation accompanied by a copy of the sign.

      (b) A civil penalty of not to exceed $25 payable to the commission for a second violation.

      (c) A civil penalty of not to exceed $25 for the third and subsequent violations for each day the sign is not posted.

      (3) The civil penalty imposed under subsection (2) of this section shall be separate from any other sanction or penalty imposed by the commission and shall not be used in any progressive violation schedule.

      (4) The penalty provided by this section shall be the sole penalty for violation of this section or ORS 471.551 or the rules adopted under section 1, chapter 324, Oregon Laws 1991.

      (5) Violation of this section or ORS 471.551 or the rules adopted under section 1, chapter 324, Oregon Laws 1991, shall not be grounds for refusal to issue a license, cancellation of a license or suspension of a license issued under this chapter.

      (6) Nothing in this section or ORS 471.551 or the rules adopted under section 1, chapter 324, Oregon Laws 1991, creates any new cause of action or any private right of any person. [1991 c.324 §5; 2011 c.597 §213; 2021 c.351 §121]

 

      471.560 [Repealed by 1983 c.350 §331a]

 

      471.561 Production and distribution of signs. 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.324 §9; 2021 c.351 §122]

 

LIABILITY FOR PROVIDING OR

SERVING ALCOHOLIC BEVERAGES

TO INTOXICATED PERSON OR MINOR

 

      471.565 Liability for providing or serving alcoholic beverages to intoxicated person; notice of claim. (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, against the person serving the alcoholic beverages, even though the alcoholic beverages are served to the patron or guest while the patron or guest is visibly intoxicated. The provisions of this subsection apply only to claims for relief based on injury, death or damages caused by intoxication and do not apply to claims for relief based on injury, death or damages caused by negligent or intentional acts other than the service of alcoholic beverages to a visibly intoxicated patron or guest.

      (2) A person licensed by the Oregon Liquor and Cannabis Commission, person holding a permit issued by the commission or social host is not liable for damages caused by intoxicated patrons or guests unless the plaintiff proves by clear and convincing evidence that:

      (a) The licensee, permittee or social host served or provided alcoholic beverages to the patron or guest while the patron or guest was visibly intoxicated; and

      (b) The plaintiff did not substantially contribute to the intoxication of the patron or guest by:

      (A) Providing or furnishing alcoholic beverages to the patron or guest;

      (B) Encouraging the patron or guest to consume or purchase alcoholic beverages or in any other manner; or

      (C) Facilitating the consumption of alcoholic beverages by the patron or guest in any manner.

      (3) Except as provided in subsection (4) of this section, an action for damages caused by intoxicated patrons or guests off the premises of a person licensed by the Oregon Liquor and Cannabis Commission, a person holding a permit issued by the commission or a social host may be brought only if the person asserting the claim has given the licensee, permittee or social host the notice required by subsection (5) of this section within the following time periods:

      (a) If a claim is made for damages arising out of wrongful death, notice must be given within one year after the date of death, or within one year after the date that the person asserting the claim discovers or reasonably should have discovered the existence of a claim under this section, whichever is later.

      (b) If a claim is made for damages for injuries other than wrongful death, notice must be given within 180 days after the injury occurs, or within 180 days after the person asserting the claim discovers or reasonably should have discovered the existence of a claim under this section, whichever is later.

      (4) The time provided for the giving of notice under subsection (3) of this section does not include any period during which:

      (a) The claimant is under 18 years of age;

      (b) The claimant is unable to give notice by reason of the injury or by reason of being financially incapable, as defined in ORS 125.005, or is incapacitated, as defined in ORS 125.005; or

      (c) The claimant is unable to determine that the licensee, permittee or social host is liable because the patron or guest who caused the damages asserts a right against self-incrimination and cannot be compelled to reveal the identity of the licensee, permittee or social host, or cannot be compelled to reveal facts that would establish the liability of the licensee, permittee or social host.

      (5) A licensee, permittee or social host shall be considered to have been given notice for the purposes of this section if:

      (a) The licensee, permittee or social host is given formal notice in the manner specified in subsection (6) of this section;

      (b) The licensee, permittee or social host receives actual notice as described in subsection (7) of this section;

      (c) An action is commenced by or on behalf of the claimant within the period of time specified by subsections (3) and (4) of this section; or

      (d) Any payment on the claim is made to the claimant by or on behalf of the licensee, permittee or social host.

      (6) Formal notice of a claim subject to this section must be in writing, must be mailed to the licensee, permittee or social host, or personally served on the licensee, permittee or social host, and must contain all of the following:

      (a) A statement that a claim for damages is made against the licensee, permittee or social host.

      (b) A description of the time, place and circumstances giving rise to the claim, so far as known to the claimant.

      (c) The name of the claimant and mailing address for the claimant to which correspondence regarding the claim may be mailed.

      (7) For the purposes of this section, “actual notice” means any communication to a licensee, permittee or social host that gives the licensee, permittee or social host actual knowledge of the time, place and circumstances of the claim, if the communication is such that a reasonable person would conclude that a particular person intends to assert a claim against the licensee, permittee or social host. [Formerly 30.950; 2021 c.351 §123]

 

      Note: 471.565 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 471 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      471.567 Liability for providing alcoholic beverages to minor; liability of minor for misrepresentation of age. (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 a reasonable person would have determined that identification should have been requested or that the identification exhibited was altered or did not accurately describe the person to whom the alcoholic liquor was sold or served.

      (2) A person who is under 21 but at least 18 years of age and who through misrepresentation of age causes an Oregon Liquor and Cannabis Commission licensee to be fined or have a license suspended or revoked shall be civilly liable for damages sustained by the licensee. The court may award reasonable attorney fees to the prevailing party in an action under this subsection.

      (3) Subsection (2) of this section does not apply to a person under the age of 21 years who is acting under the direction of the Oregon Liquor and Cannabis Commission or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages to persons who are under the age of 21 years.

      (4) Subsection (2) of this section does not apply to a person under the age of 21 years who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of alcoholic beverages to persons who are under the age of 21 years. [Formerly 30.960; 2021 c.351 §124]

 

      Note: 471.567 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 471 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

USE OF ALCOHOLIC BEVERAGES

IN CAREER EDUCATION

OF MINOR

 

      471.575 School district culinary arts classes. (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) Notwithstanding ORS 471.430, a student of a culinary arts class may have personal possession of alcoholic beverages for use in the culinary arts class if the student has possession of the alcoholic beverages in compliance with a policy adopted under ORS 336.441. [2011 c.367 §3]

 

      471.580 Education provider food or beverage career programs. (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 college, as defined in ORS 341.005, offering a food or beverage career program approved by the Higher Education Coordinating Commission;

      (B) A career school, as defined in ORS 345.010, offering a food or beverage career program approved by the Higher Education Coordinating Commission;

      (C) A public university offering a food or beverage career program approved by the Higher Education Coordinating Commission or by the governing board of a public university listed in ORS 352.002; or

      (D) A private and independent institution of higher education, as defined in ORS 350.635, offering a food or beverage career program that qualifies for payment under ORS 350.645.

      (c) “Food or beverage career program” means a course of study designed to qualify a person for a career in the food service industry or alcoholic beverage industry, including but not limited to a course of study in culinary arts, viticulture, winemaking, enology, brewing or restaurant management.

      (2) The charging or payment of tuition or a special fee for enrollment in a class that is part of a food or beverage career program or in a workshop or seminar concerning matters related to food or beverage industry workforce training, offered by an education provider, that includes the consumption of alcoholic beverages for educational purposes, is not a sale or purchase of, or other exchange of consideration for, alcoholic beverages.

      (3) Notwithstanding ORS 471.130, 471.406, 471.410 and 471.475, an education provider may serve alcoholic beverages to a person who is 18, 19 or 20 years of age and may allow the person to possess and consume alcoholic beverages on a licensed or unlicensed premises that the education provider uses for educational purposes if:

      (a) The person is enrolled as a student in a required or elective class that is part of a food or beverage career program offered by the education provider;

      (b) The alcoholic beverages are served to, and possessed and consumed by, the person for educational purposes as part of the class curriculum or a workshop or seminar concerning food or beverage workforce training;

      (c) The service, possession and consumption of the alcoholic beverages are supervised by a faculty or staff member of the education provider who is 21 years of age or older;

      (d) The person does not purchase the alcoholic beverages; and

      (e) The amount served to the person for consumption purposes during any two-hour class, workshop or seminar period does not exceed two ounces of alcohol equivalence.

      (4) Notwithstanding ORS 471.130 or 471.410, a person may serve alcoholic beverages to another person who is 18, 19 or 20 years of age on premises that an education provider uses for educational purposes if:

      (a) The person served is enrolled as a student in a required or elective class that is part of a food or beverage career program offered by the education provider;

      (b) The alcoholic beverages are served to, and consumed by, the person for educational purposes as part of the class curriculum or, with the approval of the education provider, as part of a workshop or seminar concerning food or beverage workforce training;

      (c) The service and consumption of the alcoholic beverages are supervised by a faculty or staff member of the education provider who is 21 years of age or older;

      (d) The person served does not purchase the alcoholic beverages; and

      (e) The amount served to the person for consumption purposes during any two-hour class period does not exceed two ounces of alcohol equivalence.

      (5) Notwithstanding ORS 471.130 or 471.410 or the prohibitions in ORS 471.430, a person who is 18, 19 or 20 years of age may possess and consume alcoholic beverages on a licensed or unlicensed premises that an education provider uses for educational purposes if:

      (a) The person is enrolled as a student in a required or elective class that is part of a food or beverage career program offered by the education provider;

      (b) The person possesses and consumes the alcoholic beverages for educational purposes as part of the class curriculum or, with the approval of the education provider, as part of a workshop or seminar concerning food or beverage workforce training;

      (c) The person possesses and consumes the alcoholic beverages under the supervision of a faculty or staff member of the education provider who is 21 years of age or older;

      (d) The person does not purchase the alcoholic beverages; and

      (e) The amount consumed by the person during any two-hour class, workshop or seminar period does not exceed two ounces of alcohol equivalence.

      (6) Notwithstanding ORS 471.410, a person who exercises control over private real property may allow a person who is 18, 19 or 20 years of age to remain on the property after the person who is 18, 19 or 20 years of age consumes an alcoholic beverage on the property in accordance with this section.

      (7) Subsections (3) to (5) of this section do not affect the ability of an education provider, a licensee or a permittee to make alcoholic beverages available to a person 21 years of age or older in accordance with this chapter or the ability of a person 21 years of age or older to possess or consume alcoholic beverages in accordance with this chapter. [2011 c.378 §2; 2012 c.104 §44; 2013 c.1 §§73,74; 2013 c.747 §§166,167; 2013 c.768 §§144,145; 2015 c.767 §176]

 

ENFORCEMENT OF LIQUOR LAWS

 

      471.605 Duty of officers to enforce and to inform district attorney. 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 enforcing officer having notice, knowledge or reasonable ground of suspicion of any violation of that statute shall immediately notify the district attorney, and furnish the district attorney with names and addresses of any witnesses, or other information within the officer’s knowledge, of such violation. [Amended by 2021 c.351 §125]

 

      471.610 Confiscation of liquor and property by commission. 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 statute. If the person so arrested is convicted, and it is found that the liquor and other property has been used in violation of the law, the same shall be forfeited to the Oregon Liquor and Cannabis Commission, and shall be delivered by the court or officer to the commission. The commission is authorized to destroy or make such other disposition thereof as it considers to be in the public interest. In any such case, all alcoholic liquor purchased or acquired from any source, and all property, including bars, glasses, mixers, lockers, chairs, tables, cash registers, music devices, gambling devices, furniture, furnishings, equipment and facilities for the mixing, storing, serving or drinking of alcoholic liquor shall be confiscated and forfeited to the state, and the clear proceeds shall be deposited with the State Treasury in the Common School Fund in the manner provided in this section. [Amended by 1981 c.601 §1; 1987 c.858 §5; 2021 c.351 §126]

 

      471.615 Duty to notify commission of conviction of licensee. 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 municipality therein, in which violation alcoholic liquor had any part, shall notify the commission thereof. Such officials shall notify the commission of any acts, practices or other conduct of any such licensee which may be subversive of the general welfare or contrary to the spirit of the Liquor Control Act and shall recommend such action on the part of the commission as will remove the evil. [Amended by 2021 c.351 §127]

 

      471.620 Property and places as common nuisances. 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 place where such beverages are kept for sale, barter or gift in violation of the law, and all liquor or property subject to confiscation under ORS 471.610 kept and used in such place is a common nuisance. Any person who maintains or assists in maintaining such common nuisance or knowingly suffers or permits such nuisance to exist in any place of which the person is the owner, manager or lessor, shall be guilty of a violation of the Liquor Control Act.

 

      471.625 Lien on place used to unlawfully handle liquor. 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 for, and may be sold to pay all fines and costs assessed against their occupants for any violation of that statute. The lien shall be enforced immediately by civil action in any court having jurisdiction, by the district attorney of the county wherein the building or premises are located.

 

      471.630 Authority to abate nuisance. 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 that it will be maintained in the future, may institute an action in the circuit court for such county in the name of the state to abate, and to temporarily and permanently enjoin, such nuisance. The court has the right to make temporary and final orders as in other injunction proceedings. The plaintiff shall not be required to give bond in such action. [Amended by 1979 c.284 §155; 2021 c.351 §128]

 

      471.635 Issuance of restraining order. (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 restraining the defendants and all other persons from removing or in any manner interfering with the personal property and the contents of the room, house, building, boat, structure or place of any kind where the nuisance is alleged to exist, until the decision of the court granting or refusing such temporary injunction and until the further order of the court.

      (2) This section and ORS 471.640 to 471.655 shall not interfere with the duties of officers as provided in ORS 471.605 and 471.610.

 

      471.640 Service of restraining order. 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 enter such place and forthwith shall make and return to the court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance. Any violation, of the order or mutilation or removal of the order so posted shall be a contempt of court, if the posted order contains a notice to that effect.

 

      471.645 Temporary injunction. 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 during the pendency of the injunction proceedings by requiring the defendants to furnish an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or a bond with sufficient surety, to be approved by the court, in the penal sum of not less than $2,500, payable to the state. The bond or letter of credit shall be conditioned that alcoholic liquor will not be manufactured, possessed, sold, served, bartered, or given away, or furnished, or otherwise disposed of thereon or therein, or kept thereon or therein with the intent to sell, barter, serve, or give away, or otherwise dispose of alcoholic liquor contrary to law, and that the defendants will pay all fines, costs and damages assessed against them for any violation of such conditions. The State of Oregon in an action brought by the Attorney General, the Oregon Liquor and Cannabis Commission or its administrators, or the district attorney, may take whatever steps necessary to recover the whole amount as a penalty for the use of the county wherein the premises are situated. [Amended by 1991 c.331 §69; 1997 c.631 §481; 2021 c.351 §129]

 

      471.650 Nature of permanent injunction. 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 credit identical to the bond or letter of credit required under ORS 471.645. If any condition of the bond or letter of credit is violated, the whole amount may be recovered as a penalty for the use of the county wherein the premises are situated. In any such suit process to nonresident defendants may be served by publication in a newspaper of general circulation in the county having jurisdiction of the injunction proceedings. Notice shall be published once each week for two consecutive weeks or for such time as the court, by order, may prescribe. [Amended by 1991 c.331 §70; 2003 c.576 §462]

 

      471.655 Owner may defend; evidence concerning nuisance. (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 obtain such relief, the owner must prove to the satisfaction of the court that the owner is the lawful owner of the property and, further, that with reasonable care and diligence the owner could not have known of the illegal use of the owner’s property.

      (2) Evidence of the general reputation of the premises upon which a nuisance is alleged to exist is admissible in evidence for the purpose of proving the existence of the nuisance, and of knowledge of, and of acquiescence and participation therein, on the part of persons charged with maintaining or assisting in the maintenance of a nuisance. [Amended by 2003 c.576 §463]

 

      471.657 Confiscation and forfeiture for violation of ORS 471.475. 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 exist or be kept or maintained in a private or public club or place of which the person is the owner, manager or lessor, may be a party defendant to such abatement proceedings. In any such case, upon conviction, all alcoholic liquor, whether purchased or acquired from any other source, and all property, including bars, glasses, mixers, lockers, chairs, tables, cash registers, music devices, gambling devices, and all facilities for the mixing, storing, serving or drinking of alcoholic liquor shall be declared to be a common nuisance and shall be subject to confiscation and forfeiture as provided for by ORS 471.610. No claim of ownership or of any right, title, or interest in or to any of the personal property enumerated in this section or ORS 471.475 shall be held valid unless claimant shows to the satisfaction of the court that claimant is in good faith the owner of the claim and had no knowledge that the personal property was used in violation of ORS 471.475.

 

      471.660 Seizure of conveyance transporting liquor and liquor therein; notice to owner; return of conveyance; costs. (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 conveyance and arrest any person in charge thereof.

      (2) The officer shall at once proceed against the person arrested, under the Liquor Control Act, in any court having competent jurisdiction, and shall deliver the vehicle or conveyance to the sheriff of the county in which such seizure was made.

      (3) If the person arrested is the owner of the vehicle or conveyance seized, it shall be returned to the owner upon execution by the owner of a good and valid bond, with sufficient sureties in a sum double the value of the property, approved by the court and conditioned to return the property to the custody of the sheriff at a time to be specified by the court.

      (4) If the person arrested is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner. If the sheriff is able to determine the name and address of the owner, the sheriff shall immediately notify the owner by registered or certified mail of the seizure and of the owner’s rights and duties under this section and ORS 471.666.

      (5) A person notified under subsection (4) of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure to return the vehicle or conveyance to the movant.

      (6) The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in subsection (3) of this section.

      (7) If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure.

      (8) If the court does not order the return of the vehicle or conveyance under subsection (6) of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in ORS 471.666. [Amended by 1973 c.836 §351; 1981 c.601 §2]

 

      471.665 [Amended by 1971 c.743 §374a; 1973 c.836 §352; 1977 c.745 §40; 1993 c.741 §66; repealed by 1997 c.592 §6 (471.666 enacted in lieu of 471.665)]

 

      471.666 Disposal of seized liquor and of vehicle or other conveyance. (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 the county of the property seized. The sheriff, after deducting the expense of keeping the property and the cost of sale, shall pay all the liens, according to their priorities, which are established by intervention or otherwise at such hearing or in other proceedings brought for that purpose, and shall pay the balance of the proceeds into the general fund of the county. No claim of ownership or of any right, title or interest in or to such vehicle that is otherwise valid shall be held invalid unless the state shows to the satisfaction of the court, by clear and convincing evidence, that the claimant had knowledge that the vehicle was used or to be used in violation of law. All liens against property sold under this section shall be transferred from the property to the proceeds of the sale.

      (2) If no person claims the vehicle or conveyance, the taking of the same and the description thereof shall be advertised in some daily newspaper published in the city or county where taken, or if no daily newspaper is published in such city or county, in a newspaper having weekly circulation in the city or county, once a week for two weeks and by handbills posted in three public places near the place of seizure, and shall likewise notify by mail the legal owner, in the case of an automobile, if licensed by the State of Oregon, as shown by the name and address in the vehicle registration records of the Department of Transportation. If no claimant appears within 10 days after the last publication of the advertisement, the property shall be sold and the proceeds, after deducting the expenses and costs, shall be paid into the general fund of the county. [1989 c.791 §18; 1993 c.741 §67; enacted in lieu of 471.665 in 1997; 2021 c.351 §130]

 

      471.670 [Amended by 1995 c.301 §71; 1999 c.788 §57; repealed by 2011 c.597 §118]

 

      471.675 Resisting arrest or interfering with enforcement. 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 should know that the investigation, search or seizure is being performed by a peace officer or regulatory specialist. [Amended by 1981 c.370 §1; 1997 c.249 §174; 2012 c.54 §4; 2015 c.614 §163]

 

      471.680 Allegation and proof in prosecutions. 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 allege the sale of a quantity, the sale of which quantity is unlawful. The description of any offense, alleged to be a violation of the Liquor Control Act, in the words of that statute or in any words of like effect, is sufficient in law. Any exceptions, exemptions, provisions, excuse or qualification may be proved by the defendant, but need not be specified or negatived in the complaint, information or indictment. If it is so specified or negatived, no proof in relation to the matter so specified or negatived is required on the part of the plaintiff, informant or complainant.

 

      471.685 Governor authorized to suspend license. 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 provisions of this chapter. [1963 c.91 §2; 1995 c.301 §43; 1999 c.351 §61]

 

      471.695 Fingerprinting of license applicants and certain commission employees; criminal records check. (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 required by the commission. Prior to approving any change in officers, directors or major stockholders, the commission may require the fingerprints of the new officials.

      (2) The commission shall require that all employees of the commission who work in the licensing or enforcement divisions or who have access to criminal background information be fingerprinted.

      (3) Fingerprints acquired under this section may be used for the purpose of requesting state or nationwide criminal records checks under ORS 181A.195.

      (4) As used in this section, “major stockholder” means any person who owns, directly or indirectly, more than 10 percent of any class of any equity security of the corporation. [1979 c.634 §2; 1999 c.351 §37; 2003 c.166 §3; 2005 c.730 §27; 2021 c.351 §131]

 

      471.700 Revocation of license on gambling conviction. 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 employee of the licensee has been convicted thereof in a court of competent jurisdiction and the violation occurred on the licensed premises. [1979 c.171 §2; 1995 c.301 §72; 2021 c.351 §132]

 

      471.703 Police notice to commission or social host when certain persons involved in motor vehicle accidents; content; commission duty. (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 appears to have consumed alcoholic liquor;

      (c) A citation is issued against the operator that is related to the consumption of alcoholic liquor or could have been issued if the operator had survived; and

      (d) The provider of the alcoholic liquor is alleged to be a licensee or permittee of the commission.

      (2) The notice shall include the name and address of the operator involved and the name and address of the person who named the alleged provider, if the person is other than the operator.

      (3) Upon receipt of the notice described in subsection (1) of this section, the commission shall cause the licensee or permittee named as the alleged provider to be notified of receipt of the notice and of its content. A copy of the notice shall be retained in the files of the commission and shall be open to inspection by the person injured or damaged by the motor vehicle operator or a representative of the person.

      (4) The police shall notify the alleged social host when the circumstances described in subsection (1) of this section occur and the alleged social host is named as the provider of the alcoholic liquor. The notice shall include the information described in subsection (2) of this section. [1987 c.774 §15; 2021 c.351 §133]

 

ORGANIZATION, POWERS AND DUTIES OF COMMISSION

 

      471.705 Oregon Liquor and Cannabis Commission; qualifications; compensation; term; confirmation. (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 additional commissioner must be from western Oregon. One additional commissioner must represent the public at large. One commissioner must be from the food and alcoholic beverage retail industry. Not more than five commissioners may be of the same political party. The Governor shall designate one commissioner to be chairperson of the commission. The commissioners are entitled to compensation and expenses as provided in ORS 292.495.

      (2) Each commissioner at the time of appointment must be a resident of this state and must have resided in this state for at least five years next preceding appointment and qualification. Each commissioner must be an elector in this state and may not be less than 30 years of age. The term of office of a commissioner terminates if the commissioner ceases to possess the residency or industry qualification for appointment. If the term of office of a commissioner terminates under this subsection, the Governor shall appoint a qualified individual to complete the unexpired term of the commissioner.

      (3) The term of office of a commissioner is four years from the time of appointment and qualification and until a successor qualifies for appointment. The terms of the commissioners commence April 1. If a commissioner is allowed to hold office after the expiration of a term, the Governor shall appoint the successor for the remainder of the unexpired term. If a vacancy occurs in the commission, the Governor shall appoint the successor for the remainder of the unexpired term. Each commissioner is eligible for reappointment, but an individual is not eligible to serve for more than two full terms.

      (4) Appointments of commissioners by the Governor under this section are subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution. [Amended by 1967 c.577 §11; 1969 c.314 §50; 1973 c.792 §17; 1979 c.251 §1; 1981 c.545 §9; 2017 c.183 §95; 2021 c.351 §134; 2023 c.604 §7]

 

      471.710 Removal; prohibited interests of commissioner and employee; rules. (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 10 days’ notice. If such commissioner is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such commissioner, the findings thereon, and a complete record of the proceedings.

      (2) No person, other than the member appointed in accordance with ORS 471.705 who is designated from the food and alcoholic beverage retail industry, is eligible to hold the office of commissioner, or to be employed by the Oregon Liquor and Cannabis Commission if:

      (a) The person has any financial interest in any business licensed by the commission or in any business which manufactures alcoholic beverages sold in Oregon;

      (b) Anyone in the person’s household or immediate family has a financial interest described in paragraph (a) of this subsection;

      (c) Anyone in the person’s household or immediate family is employed by a business licensed by the commission, unless the person is not in a position to take action or make decisions which could affect the licensed business; or

      (d) The person or anyone in the person’s household or immediate family has a business connection with any business licensed by the commission, unless the person is not in a position to take action or make decisions which could affect the licensed business.

      (3)(a) A retail sales agent appointed by the commission, or a person in the household or immediate family of a retail sales agent, may not have any financial interest in or business connection with:

      (A) A person or business that is licensed as a distillery;

      (B) A person or business that holds a full on-premises sales license; or

      (C) A distillery whose products are sold in Oregon.

      (b) Paragraph (a) of this subsection does not apply to a distillery retail outlet agent appointed by the commission under ORS 471.230.

      (4) Nothing in this section prohibits a person from having a financial interest resulting from investments made by the Public Employees Retirement System or through mutual funds, blind trusts or similar investments where the person does not exercise control over the nature, amount or timing of the investment.

      (5) The commission by rule may establish additional restrictions to prohibit potential conflicts of interest. The commission by rule shall define “immediate family” and “business connection” as used in this section. [Amended by 1979 c.251 §2; 1983 c.168 §1; 1987 c.511 §7; 2009 c.38 §4; 2021 c.351 §135]

 

      471.715 Chairperson; meetings; quorum. (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 commission shall meet at such times and places within this state as it determines. A majority of the commissioners constitutes a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission. [Amended by 1979 c.251 §3; 1983 c.168 §2; 2021 c.351 §136]

 

      471.720 Administrator; other personnel. The Oregon Liquor and Cannabis Commission shall appoint an administrator who shall serve at its discretion. The administrator shall be subject to policy direction by the commissioners, and shall be the secretary of the commission and custodian of commission records. The administrator shall manage the commission, administer the laws, and appoint, assign and coordinate personnel of the commission within budget limitations and the State Personnel Relations Law. [Amended by 1967 c.630 §4; 1975 c.605 §24; 1985 c.592 §1; 2021 c.351 §137]

 

      471.725 Buying, leasing, contracting and borrowing powers of commission. The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following:

      (1) To buy, have in its possession, bottle, blend, rectify, transport and sell, for present or future delivery, in its own name, alcoholic liquor in the manner set forth in this chapter.

      (2) To purchase, acquire, rent, lease or occupy any building, rooms, stores or land and acquire, own, lease and sell equipment and fixtures required for its operations.

      (3) To lease or sublet to others property which it acquires or owns and which is not immediately required for its operations. However, no real property shall be purchased without the consent and approval of the Governor.

      (4) To borrow money, guarantee the payment thereof and of the interest thereon, by the transfer or pledge of goods or in any other manner required or permitted by law.

      (5) To issue, sign, indorse and accept checks, promissory notes, bills of exchange and other negotiable instruments.

      (6) In the event the United States Government provides any plan or method whereby the taxes upon alcoholic liquors are collected at the source, to enter into any and all contracts and comply with all regulations, even to the extent of partially or wholly abrogating any statutory provisions which might be in conflict with federal law or regulations, to the end that the commission receives the portion thereof allocated to this state, to be distributed as provided by statute.

      (7) To secure and pay for such policies of insurance as may be necessary to adequately protect it from loss by fire, theft or other casualty. [Amended by 1995 c.301 §44; 2021 c.351 §138]

 

      471.730 Regulatory powers of commission. The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following:

      (1) To control the manufacture, possession, sale, purchase, transportation, importation and delivery of alcoholic liquor in accordance with the provisions of this chapter and ORS 474.105 and 474.115.

      (2) To grant, refuse, suspend or cancel licenses and permits for the sale or manufacture of alcoholic liquor, or other licenses and permits in regard thereto, and to permit, in its discretion, the transfer of a license of any person.

      (3) To collect the taxes and duties imposed by statutes relating to alcoholic liquors, and to issue, and provide for cancellation, stamps and other devices as evidence of payment of such taxes or duties.

      (4) To investigate and aid in the prosecution of every violation of statutes relating to alcoholic liquors, to seize alcoholic liquor manufactured, sold, kept, imported or transported in contravention of this chapter and ORS 474.105 and 474.115, and apply for the confiscation thereof, whenever required by statute, and cooperate in the prosecution of offenders before any court of competent jurisdiction.

      (5) To adopt such regulations as are necessary and feasible for carrying out the provisions of this chapter and ORS 474.105 and 474.115 and to amend or repeal such regulations. When such regulations are adopted they shall have the full force and effect of law.

      (6) To exercise all powers incidental, convenient or necessary to enable it to administer or carry out any of the provisions of this chapter and ORS 474.105 and 474.115.

      (7) To control, regulate and prohibit any advertising by manufacturers, wholesalers or retailers of alcoholic liquor by the medium of newspapers, letters, billboards, radio or otherwise.

      (8) To sell, license, regulate and control the use of alcohol for scientific, pharmaceutical, manufacturing, mechanical, industrial and other purposes, and to provide by regulation for the sale thereof for such uses. [Amended by 2021 c.351 §139]

 

      Note: Sections 1 and 2, chapter 264, Oregon Laws 2023, provide:

      Sec. 1. (1) The Task Force on Alcohol Pricing and Addiction Services is established.

      (2) The task force consists of 20 members appointed as follows:

      (a) The President of the Senate shall appoint two members from among members of the Senate, one from the majority party and one from the minority party.

      (b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives, one from the majority party and one from the minority party.

      (c) The Governor shall appoint 16 members who are:

      (A) A representative of the Oregon Liquor and Cannabis Commission;

      (B) Two representatives from the malt beverages industry;

      (C) Two representatives from the wine industry;

      (D) A representative from the cider industry;

      (E) A representative of the alcohol addiction advocacy community;

      (F) A representative of community care organizations;

      (G) A representative of the Oregon Health Authority;

      (H) A representative who is a member of the Alcohol and Drug Policy Commission established under ORS 430.221;

      (I) A representative of an association representing malt beverages and wine distributors;

      (J) A representative of the Association of Oregon Counties;

      (K) A representative of the League of Oregon Cities;

      (L) A representative of hospitals in this state; and

      (M) Two individuals who are community providers of alcohol addiction services.

      (3) The task force shall study the following issues:

      (a) Alcohol addiction and alcohol addiction prevention;

      (b) The distribution of resources for alcohol addiction treatment;

      (c) The current overall funding for alcohol addiction treatment programs, including the levels of funding for programs by the state and local governments, existing metrics used to measure effectiveness of funding and of programs and the amount that community care organizations spend on alcohol addiction treatment;

      (d) The cost to this state of alcohol addiction;

      (e) The benefits and drawbacks of imposing taxes on malt beverages and wine; and

      (f) Additional funding options for alcohol addiction treatment, including modifying the current distribution of alcohol tax revenue and increasing taxes on alcohol, and the potential economic impact of tax increases on relevant industries.

      (4) The task force shall consult with the Legislative Revenue Officer in studying the issues described in subsection (3) of this section.

      (5) The task force may adopt rules to carry out its responsibilities.

      (6) A majority of the voting members of the task force constitutes a quorum for the transaction of business.

      (7) Official action by the task force requires the approval of a majority of the voting members of the task force.

      (8) The task force shall elect one of its members to serve as chairperson.

      (9) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

      (10) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.

      (11) The task force may adopt rules necessary for the operation of the task force.

      (12) The task force shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to health no later than September 15, 2024.

      (13) The Oregon Liquor and Cannabis Commission shall provide staff support to the task force.

      (14) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.

      (15) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

      (16) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of the duties of the task force and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. [2023 c.264 §1]

      Sec. 2. Section 1 of this 2023 Act is repealed on December 31, 2024. [2023 c.264 §2]

 

      471.732 Policy relating to sanitation in licensed premises. (1) The Legislative Assembly finds and declares that the regulation of health and sanitation matters in premises licensed by the Oregon Liquor and Cannabis Commission under this chapter can best be performed by the Oregon Health Authority and the State Department of Agriculture.

      (2) It is the policy of the Legislative Assembly and the intent of ORS 471.333 and 624.010 and this section that premises licensed by the Oregon Liquor and Cannabis Commission under this chapter shall be subject to the laws governing health and sanitation matters, including any applicable licensing requirements, and to the rules adopted thereunder by the authority and the department. [1979 c.236 §2; 1995 c.301 §20; 1999 c.351 §62; 2009 c.595 §962; 2021 c.351 §140]

 

      471.735 Testing and seizure of wines. The Oregon Liquor and Cannabis Commission shall have the power to investigate by sample or chemical analysis, the quality of all wines manufactured, imported, sold or offered for sale within this state, and to seize, confiscate and destroy all wines sold or offered for sale within this state which do not conform in all respects to the minimum standards provided for by the laws of this state. [Amended by 2021 c.351 §141]

 

      471.737 Vermouth sales. (1) As used in this section:

      (a) “Stock keeping unit” means a product that is assigned a specific identification code, which states the type, size, brand or other inventory tracking information for the product.

      (b) “Vermouth” means fortified wine that is flavored with botanicals.

      (2) Notwithstanding ORS 471.230, a distillery retail outlet agent appointed under ORS 471.230 or a store established under ORS 471.750 may sell vermouth at retail for off-premises consumption as provided under this section without holding an off-premises sales license. Vermouth sold under this section must be in factory-sealed containers. A distillery retail outlet agent or store may not offer more than 20 stock keeping units of vermouth for sale under this section.

      (3) A distillery retail outlet agent may sell vermouth under this section at the licensed premises of the distillery or at a location described in ORS 471.230 (2) where the agent offers tastings.

      (4) Except as provided in this section, vermouth sales under this section are subject to the restrictions and requirements imposed under this chapter and Oregon Liquor and Cannabis Commission rules for retail sales of wine by an off-premises sales licensee. [2017 c.31 §2; 2021 c.351 §142]

 

      471.740 Exclusive right of commission to handle certain liquors. Except as provided in this chapter, the Oregon Liquor and Cannabis Commission is vested with the exclusive right to purchase, sell, have in possession for sale, import or transport alcoholic beverages. [Amended by 1953 c.120 §6; 1974 c.4 §6; 1999 c.351 §77; 2021 c.351 §143]

 

      471.745 Fixing prices and selling liquor. The Oregon Liquor and Cannabis Commission shall fix the prices at which alcoholic liquors containing over five percent alcohol by volume may be purchased from it, and has power to bottle, blend, rectify, manufacture or sell alcoholic liquors for itself, or for or to any person or commission within or without this state. [Amended by 1995 c.301 §88; 2021 c.351 §144]

 

      471.747 Granulated alcohol. (1) As used in this section, “granulated alcohol” means powders, crystals or other dry preparations designed to produce an alcoholic beverage when added to a liquid.

      (2) Granulated alcohol may not be sold at retail in this state. Granulated alcohol may be sold at wholesale only for scientific, industrial, manufacturing or other purposes identified by the Oregon Liquor and Cannabis Commission under terms and conditions the commission considers appropriate to safeguard against the misuse of granulated alcohol. [2015 c.463 §2; 2021 c.351 §145]

 

      471.750 Liquor stores and warehouses; operation; sales; advertising; rules. (1) The Oregon Liquor and Cannabis Commission shall establish stores and warehouses in places in this state that in the commission’s judgment are required by public convenience or necessity, for the sale of distilled liquors, wines and other alcoholic liquors containing over five percent alcohol by volume, in sealed containers for consumption off the premises. The commission shall keep on hand in the stores or warehouses established under this section quantities and kinds of alcoholic liquors as are reasonably required to supply the public demand.

      (2) Any person qualified to purchase alcoholic liquors from the commission may present to the commission, or at any of the stores established by the commission, an application for any kind or brand of alcoholic liquor that the person may desire and that may be manufactured or obtainable in any place in the United States. The commission shall obtain the alcoholic liquor and sell it to the applicant. The commission may not require that an application for a kind or brand of alcoholic liquor include a commitment to purchase a minimum amount of the alcoholic liquor or require that a purchase be for more than one container of a kind or brand of alcoholic liquor if the alcoholic liquor:

      (a) Except as provided in subsection (6) of this section, has a retail sales price of $30 or more per container;

      (b) Is available through a distributor in the United States that does not require the commission to acquire more than one case of the distilled liquor in a single transaction;

      (c) Is not regularly stocked by the commission; and

      (d) Is ordered in a 750 milliliter container size if available in that size.

      (3) The commission may not establish a store in any county or incorporated city of this state where a local prohibitory law is in effect.

      (4) The commission may appoint agents in the sale of alcoholic liquors pursuant to agreements negotiated between the commission and the agents, or representatives of the agent.

      (5)(a) The commission shall adopt rules governing advertising by stores operated by the commission. Rules relating to advertising adopted by the commission under this subsection must allow signs and displays within the commission’s stores for the purpose of supplying consumer information to customers, including but not limited to discounts, sales and other specials. Commission discretion with respect to the signs and displays described in this subsection is limited to regulation of the content, size, number per brand, type and duration of the sign or display.

      (b) Signs and displays may be supplied by manufacturers, wholesalers or distributors, and may bear the name of a particular distillery, supplier or brand of liquor. The use of signs and displays is optional with the agent appointed by the commission.

      (6) The commission may annually adjust the price threshold established in subsection (2)(a) of this section by a percentage equal to the percentage change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. However, the commission may not adjust the price threshold to be less than $30.

      (7) The commission shall compensate an agent appointed under this section according to the schedule established in ORS 471.753. [Amended by 1977 c.321 §3; 1977 c.608 §2; 1991 c.379 §1; 1995 c.301 §89; 2001 c.785 §11; amendments by 2002 s.s.1 c.11 §1 repealed by 2002 s.s.2 c.1 §3; 2002 s.s.2 c.1 §1; 2011 c.180 §2; 2019 c.57 §28; 2021 c.180 §14; 2021 c.351 §146; 2021 c.620 §3]

 

      471.752 Agent participation in programs for state employees; preference of spouse or child of deceased agent or agent with disability. (1) An agent appointed under ORS 471.750 may participate in a health benefit plan available to state employees pursuant to ORS 243.105 to 243.285 at the expense of the agent and may participate in the state deferred compensation plan established under ORS 243.401 to 243.507. For such purposes, agents shall be considered eligible state employees.

      (2) A person who is the surviving spouse or child of a deceased agent or the spouse or child of an agent of the Oregon Liquor and Cannabis Commission who has a disability shall be given preference in the appointment of a successor agent, if otherwise qualified, the spouse having greater preference. The experience of such applicant in the business operation of the deceased agent or the agent who has a disability shall be the primary consideration in determining the qualifications of the applicant. [1979 c.203 §3; 1983 c.624 §1; 1985 c.645 §4; 1997 c.179 §30; 1997 c.222 §53; 2007 c.70 §270; 2021 c.351 §147]

 

      471.753 Agent compensation. (1) As used in this section:

      (a) “Nonurban county” has the meaning given that term in ORS 653.026.

      (b) “Portland metropolitan area county” means a county within the urban growth boundary of a metropolitan service district organized under ORS chapter 268.

      (c) “Standard county” means a county that is not a Portland metropolitan area county or a nonurban county.

      (2) The Oregon Liquor and Cannabis Commission shall compensate an agent appointed under ORS 471.750 in an amount equal to the sum of the following according to the store class, as determined under subsection (3) of this section, operated by the agent:

      (a) The monthly base compensation established in subsection (4) of this section;

      (b) The wage escalator amount described in subsection (5) of this section;

      (c) The retail escalator amount described in subsection (6) of this section; and

      (d) The sales commission according to the rates provided in subsection (7) of this section.

      (3) A store shall be classed based on the store’s amount of annual sales of alcoholic beverages rounded to the nearest whole dollar, adjusted annually by a percentage equal to any percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, as follows:

      (a) Class 1: up to $120,000;

      (b) Class 2: at least $120,001 and not more than $450,000;

      (c) Class 3: at least $450,001 and not more than $750,000;

      (d) Class 4: at least $750,001 and not more than $1,650,000;

      (e) Class 5: at least $1,650,001 and not more than $2,500,000;

      (f) Class 6: at least $2,500,001 and not more than $3,700,000;

      (g) Class 7: at least $3,700,001 and not more than $5,500,000;

      (h) Class 8: at least $5,500,001 and not more than $8,300,000;

      (i) Class 9: at least $8,300,001 and not more than $12,500,000; and

      (j) Class 10: at least $12,500,001 and not more than $18,750,000.

      (4) The monthly base compensation for an agent, adjusted annually by a percentage equal to any percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, is determined as follows according to the class of store operated by the agent:

      (a) Class 1 store: 14.5 percent of the first $10,000 in monthly sales of alcoholic beverages;

      (b) Class 2 store: $1,660;

      (c) Class 3 store: $1,920;

      (d) Class 4 store: $2,440;

      (e) Class 5 store: $2,700;

      (f) Class 6 store: $3,100;

      (g) Class 7 store: $3,600;

      (h) Class 8 store: $4,150;

      (i) Class 9 store: $4,800; and

      (j) Class 10 store: $5,500.

      (5) The wage escalator amount is as follows:

      (a) For an agent in a standard county, eight percent of the monthly base compensation; or

      (b) For an agent in a Portland metropolitan area county, 18 percent of the monthly base compensation.

      (6) The monthly retail escalator amount is as follows:

      (a) For a store located in a standard county, 50 percent of the monthly base compensation; or

      (b) For a store located in a Portland metropolitan area county, 75 percent of the monthly base compensation.

      (7) The sales commission rates are as follows:

      (a) For sales of alcoholic beverages to licensees, 6.54 percent of the amount of sales.

      (b) For sales of alcoholic beverages to persons other than licensees, 8.38 percent of the amount of sales. [2021 c.620 §2]

 

      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]

 

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

 

      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.

      (2) The commission shall review the statement and may refuse to issue a license to any license applicant, or may suspend, cancel or refuse to renew the license of any licensee, when conditions exist in relation to any person having a financial interest in the business or in the place of business which would constitute grounds for refusing to issue a license or for cancellation or suspension of a license if such person were the license applicant or licensee. However, in cases where the financial interest is held by a corporation, only the officers and directors of the corporation, any individual or combination of individuals who own a controlling financial interest in the business and any manager of the business shall be considered persons having a financial interest within the meaning of this subsection. [1963 c.369 §1; 1995 c.301 §45; 1999 c.351 §63; 2001 c.785 §9; 2021 c.351 §149]

 

      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]

 

      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]

 

      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]

 

      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.

      (2) Subject to subsection (3) of this section, regulatory specialists have authority as provided under this chapter, ORS chapter 153, ORS 133.005 to 133.400, 133.450, 133.525 to 133.703, 133.721 to 133.739, 161.233, 161.242 and 161.245 and chapter 743, Oregon Laws 1971, to conduct inspections or investigations, make arrests and seizures, aid in prosecutions for offenses, issue criminal citations and citations for violations and otherwise enforce this chapter, ORS 474.005 to 474.095 and 474.115, commission rules and any other laws of this state that the commission considers related to alcoholic liquor, including but not limited to:

      (a) Laws regarding the production, processing, manufacture, importation, transportation, possession, distribution, sale or consumption of alcoholic beverages;

      (b) The manufacture or use of false identification; or

      (c) The entry of premises licensed to sell alcoholic liquor.

      (3) A regulatory specialist may not:

      (a) Be sworn in as a federal law enforcement official and act in that capacity while performing duties under subsection (2) of this section; or

      (b) Carry a firearm. [Amended by 1953 c.101 §2; 1971 c.734 §68; 2012 c.54 §5; 2015 c.614 §164; 2016 c.24 §20; 2017 c.21 §110; 2017 c.476 §15; 2017 c.613 §28; 2020 s.s.2 c.3 §15; 2021 c.351 §153]

 

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

 

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

 

      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]

 

      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]

 

      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]

 

      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.

      (2) If the appellation of origin on a wine label is an American viticultural area that is wholly or partially within the boundaries of a larger American viticultural area, the Oregon Liquor and Cannabis Commission may require that the wine label also identify the larger American viticultural area. If the commission requires that the wine label identify the larger American viticultural area, the area must be identified in letters:

      (a) At least two millimeters high if the wine container is more than 187 milliliters in volume; or

      (b) At least one millimeter high if the wine container is 187 milliliters or less in volume.

      (3) Subsection (2) of this section does not require that the name of the larger American viticultural area:

      (a) Be included in or near the appellation of origin; or

      (b) Be in the same size or font as the appellation of origin.

      (4) The commission shall adopt rules specifying any American viticultural areas for which the wine labeling requirement in subsection (2) of this section is applicable. The commission shall, at a minimum, adopt rules to require American viticultural areas that are wholly or partially within the boundaries of the Willamette Valley viticultural area to identify the Willamette Valley viticultural area on the label. For all other areas, the commission shall solicit and consider recommendations by Oregon winemaking industry associations that are associated with an American viticultural area before determining whether the area should be included for purposes of the wine labeling requirement in subsection (2) of this section.

      (5) Except as provided in this subsection, an American viticultural area may not appear on a wine label in a manner that resembles all or part of a brand name or appear in lettering that is larger or more prominent than the brand name. This subsection does not apply if the brand name stating or implying an American viticultural area has been in continuous use as a brand name since December 31, 2017, and prior to December 31, 2017, was:

      (a) Used in conformance with commission standards;

      (b) Subject to a federal trademark registration for wine under United States Patent and Trademark Office Class 33; and

      (c) Sold in interstate commerce.

      (6) The commission may adopt rules to impose additional wine labeling requirements that the commission deems appropriate. The commission may make a wine labeling requirement applicable to wines produced in some or all of the American viticultural areas in this state. [2019 c.425 §2; 2021 c.351 §157]

 

      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.

      (b) After withholding refundable license fees and a sum, not to exceed $250,000, as the commission considers necessary as a revolving fund for a working cash balance for the purpose of paying travel expenses, advances, other miscellaneous bills and extraordinary items which are payable in cash immediately upon presentation, the commission shall direct the State Treasurer to transfer the moneys remaining in the suspense account to the Oregon Liquor and Cannabis Commission Account in the General Fund. Moneys in the Oregon Liquor and Cannabis Commission Account are continuously appropriated to the commission to be distributed and used as required or allowed by law.

      (2) All necessary expenditures of the commission incurred in carrying out the purposes required of the commission by law, including the salaries of the commission’s employees, purchases made by the commission and such sums necessary to reimburse the $250,000 revolving fund, shall be audited and paid from the Oregon Liquor and Cannabis Commission Account in the General Fund, upon warrants drawn by the Oregon Department of Administrative Services, pursuant to claims duly approved by the commission.

      (3)(a) Moneys from the retail sale of distilled liquor that are being held by an agent appointed under ORS 471.750 or by a distillery retail outlet agent appointed under ORS 471.230 are not subject to ORS 295.001 to 295.108 if the agent has on deposit with the commission an amount equaling or exceeding an amount the commission, in the commission’s discretion, deems to be reasonable and sufficient and that is not less than the average daily gross cash and check receipts from retail sales of distilled liquor by the agent.

      (b) The commission shall remit moneys deposited with the commission under this subsection to the State Treasurer for deposit to a separate reserve account of the commission. Moneys in the reserve account are not revenue of the commission for purposes of ORS 221.770. The commission shall return the deposit, and any interest earned on the deposit, if the appointment of the agent terminates and the agent has forwarded to the commission all moneys owed the commission from retail sales of distilled liquor by the agent.

      (c) An agent described in paragraph (a) of this subsection shall make the deposits and report the receipts described in paragraph (a) of this subsection to the commission on a monthly basis. The commission may adopt rules to carry out this paragraph. [Amended by 1955 c.26 §1; 1967 c.577 §4; 1975 c.424 §2; 1979 c.367 §3; 1995 c.301 §46; 1999 c.351 §64; 2005 c.755 §45; 2017 c.533 §17; 2021 c.180 §15; 2021 c.186 §1; 2021 c.351 §158]

 

      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:

      (a) Fifty-six percent, or the amount remaining after the distribution under subsection (4) of this section, credited to the General Fund available for general governmental purposes wherein it shall be considered as revenue during the quarter immediately preceding receipt;

      (b) Twenty percent to the cities of the state in such shares as the population of each city bears to the population of the cities of the state, as determined by Portland State University last preceding such apportionment, under ORS 190.510 to 190.610;

      (c) Ten percent to counties in such shares as their respective populations bear to the total population of the state, as estimated from time to time by Portland State University; and

      (d) Fourteen percent to the cities of the state to be distributed as provided in ORS 221.770 and this section.

      (2) The commission shall direct the Oregon Department of Administrative Services to transfer 50 percent of the revenues from the taxes imposed by ORS 473.030 and 473.035 to the Mental Health Alcoholism and Drug Services Account in the General Fund to be paid monthly as provided in ORS 430.380.

      (3) If the amount of revenues received from the taxes imposed by ORS 473.030 for the preceding month was reduced as a result of credits claimed under ORS 473.047, the commission shall compute the difference between the amounts paid or transferred as described in subsections (1)(b), (c) and (d) and (2) of this section and the amounts that would have been paid or transferred under subsections (1)(b), (c) and (d) and (2) of this section if no credits had been claimed. The commission shall direct the Oregon Department of Administrative Services to pay or transfer amounts equal to the differences computed for subsections (1)(b), (c) and (d) and (2) of this section from the General Fund to the recipients or accounts described in subsections (1)(b), (c) and (d) and (2) of this section.

      (4) Notwithstanding subsection (1) of this section, no city or county shall receive for any fiscal year an amount less than the amount distributed to the city or county in accordance with ORS 471.350 (1965 Replacement Part), 473.190 and 473.210 (1965 Replacement Part) and this section during the 1966-1967 fiscal year unless the city or county had a decline in population as shown by its census. If the population declined, the per capita distribution to the city or county shall be not less than the total per capita distribution during the 1966-1967 fiscal year. Any additional funds required to maintain the level of distribution under this subsection shall be paid from funds credited under subsection (1)(a) of this section.

      (5) Notwithstanding subsection (1) of this section, amounts to be distributed from the Oregon Liquor and Cannabis Commission Account that are attributable to a per bottle surcharge imposed by the Oregon Liquor and Cannabis Commission, shall be credited to the General Fund. [Amended by 1955 c.475 §11; 1957 c.222 §1; 1957 c.445 §1; 1961 c.78 §1; 1961 c.635 §1; 1967 c.577 §5; 1969 c.499 §1; 1975 c.424 §4; 1975 c.527 §4a; 1977 c.831 §3a; 1977 c.856 §18; 1987 c.406 §2; 1997 c.348 §15; 2001 c.971 §4; 2007 c.71 §153; 2007 c.854 §4; 2013 c.768 §106j; 2015 c.840 §8; 2021 c.351 §159]

 

      471.815 [Repealed by 1961 c.706 §45]

 

      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]

 

      471.820 [Repealed by 1961 c.706 §45]

 

      471.825 [Repealed by 1961 c.706 §45]

 

      471.830 [Repealed by 1961 c.706 §45]

 

PENALTIES

 

      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.

      (2) A second or subsequent violation of ORS 471.440 is a Class C felony.

      (3) Subject to ORS 153.022, violation of any regulation promulgated under ORS 471.730 (5) is a Class C violation. [Amended by 1953 c.120 §6; 1963 c.93 §6; 1987 c.320 §236; 1999 c.1051 §187; 2011 c.597 §214]

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