Title 37 — ALCOHOLIC LIQUORS; CONTROLLED SUBSTANCES; DRUGS
As used in this chapter and ORS chapter 473: “Alcoholic beverage” and “alcoholic liquor” mean any liquid or solid containing one-half of one percent or more of alcohol by volume and capable of being consumed by a human being. “Commercial establishment” means a place of business: Where food is cooked and served; That has kitchen facilities adequate for th…
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.
This chapter and ORS 474.105 and 474.115 shall be known and may be cited as the “Liquor Control Act.”
The Liquor Control Act shall be liberally construed so as: To prevent the recurrence of abuses associated with saloons or resorts for the consumption of alcoholic beverages. 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. To …
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.
As used in this section and ORS 471.268: “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. “Financial consideration” does not mean any of the following: A tax deduction or credit for…
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 one-half of o…
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) …
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 w…
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
Before being qualified to purchase alcoholic liquor from the Oregon Liquor and Cannabis Commission, a person must be at least 21 years of age.
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.
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: The person’s passport issued by the United States or a foreign government. The person’s motor vehicl…
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. 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 …
LIQUOR LICENSES (Generally)
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-p…
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.
The Oregon Liquor and Cannabis Commission may not license a location that does not have defined boundaries. 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. Except as provided in ORS 471.182, the commission may…
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. …
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. The authority granted to cities and counties by this section is in addition to, …
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 in…
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: Maintain liquor liability insurance of not less than $300,000; or Maintain a bond with…
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. A full on-premises sales license may be issued only to a: Nonprofi…
As used in this section: “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. “Sealed container” means a container with a secure cap or lid: That is designed to prevent consumption of the cont…
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. The holder of a limited on-premises sales license may sell malt beverages, wine and cider in fa…
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 th…
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. The commission may issue a full on-…
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…
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. 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 capacit…
The holder of a temporary sales license may sell: At retail by the drink wine, malt beverages, cider and distilled liquor. For consumption off the licensed premises wine, malt beverages and cider in factory-sealed containers. For consumption off the licensed premises wine, malt beverages and cider in securely covered containers supplied by the consumer an…
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…
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. (Brewery-Public House License)
A brewery-public house license allows the licensee to: 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; Sell malt beverages manufactured on or off the licensed premises at retail for consumption on or off the premises; Sell mal…
(Delivery Invoices)
A licensee that holds a license issued under ORS 471.175, 471.178, 471.186, 471.190 or 471.200 shall maintain an invoice of each delivery of alcoholic beverages made to the licensed premises for which the licensee is responsible. A licensee described in subsection (1) of this section shall keep an invoice described in subsection (1) of this section for thre…
(Manufacturing and Wholesale Licenses)
As used in this section, “common control” means: That a manufacturer, or any officer, director, substantial stockholder or other substantial equity holder in the manufacturer: Directly or indirectly holds 50 percent or more interest in the brewery licensee; or Has authority to direct the management of the brewery licensee; or That a brewery licensee, or …
As used in this section, “control” means that the licensee: Owns the brand under which the wine or cider is labeled; or 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.…
A grower sales privilege license allows 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: Import, store, transport or export the wines or cider. Sell the wines or cider at wholesale to the Oregon Liq…
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 ano…
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…
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 premis…
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 …
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: The conditions under which a manufacturer or other person may qualify for a certificate of approval; The pr…
(Use of Premises for Additional Activities)
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-premi…
(Human Trafficking at Premises)
As used in this section, “law enforcement agency” means: A city or municipal police department; A county sheriff’s office; or The Oregon State Police. An employee of a premises licensed for full on-premises sales or limited on-premises sales who is a permittee shall: Report to a law enforcement agency and to the Oregon Liquor and Cannabis Commission if …
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, w…
The Oregon Liquor and Cannabis Commission may issue a direct to retailer permit to a manufacturer of malt beverages, wine or cider that: Is a resident of another state or territory of the United States; Is licensed by the other state or territory to manufacture malt beverages, wine or cider; and Holds a certificate of approval issued under ORS 471.244. T…
(Direct Shipment of Malt Beverages, Wine and Cider to Consumer)
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 person that holds …
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…
A license granted under the Liquor Control Act shall: Be a purely personal privilege. Be valid for the period stated in the license. 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. Be subject to cancellation, suspension or restriction as provided in ORS 471…
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. Notwithstanding subsection (1) of this section, a license issued for the first time to an 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. A temporar…
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 lice…
Any city or county may, without further charter authority, become a licensee under this chapter. (Application for License)
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 …
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: That there are sufficient licensed premises in the locality set out in the application, or that the granting of a…
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: That the licensee: Has v…
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: Unlawful drug use or sales are occurring on the licensed premises; The licensee is aware of the unlawful drug use or sales because of arre…
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: Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the certificate, license, permit or other authorization; or Re…
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 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 Accou…
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: Further impose against the licensee or the holder of the permit or certificate of approval a civil penalty not to exceed $5,000; or In the co…
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: Noise from the inside of a licensed premises located within the boundaries of a city or cou…
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 …
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. The commission may refuse to issue, cancel or suspend a license under ORS 471.313, 471.315 or 471.425 for maintainin…
(Sales and Deliveries of Alcoholic Beverages to Minors by Licensees)
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…
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 cancel…
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. I…
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 …
(Examination of Books and Premises of Licensees)
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 compli…
SERVICE PERMITS
Any individual employed by or acting on behalf of or at the direction of a licensee of the Oregon Liquor and Cannabis Commission must have a valid service permit or temporary service permit issued by the commission if the individual: Participates in any manner in the mixing, selling or service of alcoholic liquor for consumption on the premises where served…
A service permit or a temporary service permit is a purely personal privilege, valid only upon licensed premises, for the period of time stated on the service permit or temporary service permit, and may be suspended or revoked for any reason set forth in ORS 471.360 to 471.385. A service permit or temporary service permit may not be used by any individual o…
Unless sooner suspended or revoked, a service permit expires five years after the date the Oregon Liquor and Cannabis Commission issues the permit.
The Oregon Liquor and Cannabis Commission shall establish by rule a process for the issuance and renewal of a service permit and the issuance of a temporary service permit. The rules adopted under this section must include: Eligibility criteria for the issuance and renewal of a service permit and the issuance of a temporary service permit; Fees; and Requi…
The Oregon Liquor and Cannabis Commission may refuse to issue a service permit or temporary service permit, or may issue a restricted service permit, if the commission has reasonable grounds to believe any of the following to be true: That the applicant is in the habit of using alcoholic beverages or controlled substances to excess. That the applicant has …
The Oregon Liquor and Cannabis Commission may revoke, restrict or suspend a service permit or a temporary service permit, or impose a civil penalty in lieu of or in addition to suspension as provided by ORS 471.322, if the commission finds or has reasonable grounds to believe any of the following to be true: That the permittee has made false statements to t…
:BF10.”TIED HOUSE” PROHIBITIONS
For the purposes of ORS 471.392 to 471.400: “Manufacturer or wholesaler” means: 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,…
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. 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…
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. The prohibitions of ORS 471.394 (2) and (3) do not apply to a…
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: Any substantial gratuities; Any finances, money, credit, discounts or rebates; Any…
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: The equipment is leased or furnished for a special event; A reasonable rental or service fee is charged for the equipment; and Except as…
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: 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 …
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 t…
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. 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 brewin…
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: Alcoholic liquor ordered by and en route to the Oregon Liquor and Cannabis Commission, under a certificate of approval issued by the commission. Wines for sacramental purposes according to rules…
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. No person shall purchase, possess, transport or import, except …
Any prohibition on the sale of alcoholic beverages provided for in this chapter includes: Soliciting orders for alcoholic beverages or receiving orders for alcoholic beverages. Keeping alcoholic beverages for sale or exposing alcoholic beverages for sale. Delivering alcoholic beverages for value or in any way other than purely gratuitously. Peddling alco…
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 wh…
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. 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 f…
A person may not sell, give or otherwise make available any alcoholic liquor to any person who is visibly intoxicated. 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 p…
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. 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 bevera…
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. No licensee of the commission shall maintain a noisy, lewd, disorderly or insanitary establishment or supply impure or otherwise deleterious alcoholic beverages. No licensee of the commission shall mi…
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. For the purposes of this sec…
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: 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. Complete an examination by an agency or organization design…
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 medic…
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. A distillery may not be set up or operated in this state for the…
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. 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 …
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. No licensee other than a winery licensee …
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. 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 labe…
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: The system for selling containers of distilled liquor at retail in this state changes after the person assumes operation of the store; and The system change results f…
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…
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. 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 …
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 mi…
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, …
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 …
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.
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.
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 p…
LOCAL OPTION
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: Alc…
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 O…
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.
THIRD-PARTY DELIVERY FACILITATORS
As used in ORS 471.521 to 471.537: “Deliver” means to transfer alcoholic beverages from a delivery person to a final consumer at a delivery address. “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. “Del…
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: Is at least 18 years of age; and Has a valid driver license or other state-issued identification. Prior to making any deliveries o…
A third-party delivery facilitator shall develop an alcohol delivery training program that includes training on at least: Forms of identification required by ORS 471.130 and methods for identifying, inspecting, accepting or rejecting identification; Signs of visible intoxication and methods for recognizing these signs and for refusing to deliver alcoholic …
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.
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. The commission may refuse to issue a permit, and may suspend or revoke a permit, if the commission finds or has reasonable ground…
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 a…
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.
The Oregon Liquor and Cannabis Commission shall require an individual applying for issuance or renewal of a service permit or temporary service permit issued under ORS 471.375 to complete an approved alcohol server education course and examination as a condition of the issuance or renewal of the permit. The commission shall by rule establish requirements fo…
The Oregon Liquor and Cannabis Commission shall establish an Alcohol Server Education Advisory Committee. The advisory committee shall consist of the following members: One person who represents the commission. One person who represents the Oregon State Police. One person who represents the Oregon District Attorneys Association. One person who represents…
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 suspe…
WARNING SIGNS RELATED TO ALCOHOL AND PREGNANCY
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. The sign shall: Contain the message: “Pregnancy and alcohol do not mix. Drinking alcoholic beverage…
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.
The Oregon Liquor and Cannabis Commission may solicit private funds, if necessary, to produce and distribute the signs.
If no warning sign is posted: The Oregon Liquor and Cannabis Commission shall furnish a warning sign. The retailer shall have five days from the receipt of the warning sign to post it appropriately. If there is a violation of this section or of ORS 471.551, the violator shall be subject to: A written warning from the commission for the first violation ac…
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. LIABILITY FOR PROVIDING OR SERVING ALCOHOLIC BEVERAGES TO INTOXICATED PERSON OR MINO…
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 ar…
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 reque…
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. Notwithstanding ORS 471.430, a student of a culinary arts class may have personal possessi…
As used in this section: “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. “Education provider” means: A community college, as defined in ORS 341.005, offering a food or beverage career program approved by the …
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 …
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 a…
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, shal…
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 …
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…
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…
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 interfer…
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 th…
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 t…
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…
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 owne…
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 per…
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. The officer shall at once proceed ag…
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 keep…
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…
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 desc…
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.
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 majo…
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: The licensee has been convicted thereof in a court of competent jurisdiction; or An employee of the licensee has been convicted thereof in a court of competent jurisdictio…
The police shall notify the Oregon Liquor and Cannabis Commission of the name of the alleged provider of alcoholic liquor when: The police investigate any motor vehicle accident where someone other than the operator is injured or incurs property damage; The operator appears to have consumed alcoholic liquor; A citation is issued against the operator that …
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 mu…
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 of…
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. The commission shall meet at such times and places within this state as it determines. A major…
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 c…
The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following: 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. To purchase, acquire, rent, lease or occupy any building, rooms, stores or …
The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following: 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. To grant, refuse, suspend or cancel licenses and permits for t…
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. It is the policy of the Legislative Assembly and the intent of ORS 471.333 and 624.…
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 provi…
As used in this section: “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. “Vermouth” means fortified wine that is flavored with botanicals. Notwithstanding ORS 471.230, a distillery retail outlet agent appointed under ORS 471.23…
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.
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.
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. 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 Liq…
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. T…
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. A person who is…
As used in this section: “Nonurban county” has the meaning given that term in ORS 653.026. “Portland metropolitan area county” means a county within the urban growth boundary of a metropolitan service district organized under ORS chapter 268. “Standard county” means a county that is not a Portland metropolitan area county or a nonurban county. The Oregon…
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.
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 …
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 compe…
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 atte…
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 document…
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. 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, 1…
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…
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.
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 Cannabi…
As used in this section, “American viticultural area” means a delimited grape growing region approved under 27 C.F.R. part 9. 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 wi…
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 tha…
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 Sta…
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 Departme…
PENALTIES
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. A second or subsequent violation of ORS 471.440 is a Class C felony. Subject to ORS 153.022, violation of any regulation promulgated under ORS 471.730 (5) is a Class C violation. _______________