OAR 845-006-0500
Suspensions and Civil Penalties

(1) The Commission cancels or suspends a license under its authority in:
(a) ORS 471.315 (Grounds for cancellation, suspension or restriction of license, requiring training or imposing civil penalty) for violations of any provision of ORS Chapter 471 (Alcoholic Liquors Generally) or any administrative rule (chapter 845) the Commission adopts pursuant to these chapters;
(b) ORS 459.992 (Criminal penalties)(4) for violations of any provision of 459A.705 (Refund value), 459A.710 (Practices required of dealers and distributors) or 459A.720 (Indication of refund value) or any administrative rule the Commission adopts pursuant to these statutes;
(c) ORS 471.315 (Grounds for cancellation, suspension or restriction of license, requiring training or imposing civil penalty)(1)(d) for public interest or necessity reasons.
(2) The Commission cancels or suspends a service permit under its authority in ORS 471.385 (Grounds for revoking or suspending permit or imposing civil penalty) for violations of Chapter 471 or any administrative rule (chapter 845) the Commission adopts pursuant to these chapters.
(3) The Commission cancels or suspends an alcohol server education provider certificate under its authority in ORS 471.547 (Alcohol Server Education Advisory Committee).
(4) ORS 471.322 (Civil penalty in lieu of or in addition to short-term suspension of certain licenses and permits) and 471.327 (Civil penalty in addition to or in lieu of suspending certain other licenses or certificates) allow the Commission to impose a civil penalty instead of suspension. In most cases, the Commission allows the licensee or permittee the option of serving the suspension or paying the civil penalty.
(5) ORS 471.315 (Grounds for cancellation, suspension or restriction of license, requiring training or imposing civil penalty) allows the Commission to impose either a suspension or a civil penalty or both. The Commission imposes mandatory suspensions when necessary to ensure future licensee, permittee, or patron compliance.
(6) ORS 471.322 (Civil penalty in lieu of or in addition to short-term suspension of certain licenses and permits) and 471.327 (Civil penalty in addition to or in lieu of suspending certain other licenses or certificates) limit the amount of a civil penalty the Commission may impose. To stay within these limits, the Commission usually computes civil penalties by multiplying the number of days in the suspension by $165 for retail, manufacturer, and wholesale licensees, and by $25 for service permittees, unless computed differently in section (7) of this rule.
(7) The Commission uses the following violation categories:
(a) I — Violations that make licensee ineligible for a license;
(b) II — Violations that create an immediate threat to public health or safety;
(c) II(a) — Violations for unlawful drug activity;
(d) II(b) – Violations for the sale of alcohol to a minor or failure to check identification. For the first offense in this category, the Commission computes the civil penalty by multiplying the number of days in the suspension by $250 for retail, manufacturer, and wholesale licensees, and by $35 for service permittees;
(e) III — Violations that create a potential threat to public health or safety OR violations of the tied house or financial assistance prohibitions;
(f) III(a) — Violations for the sale of alcohol to a minor or failure to check identification when the retail licensee qualifies under the Responsible Vendor Program;
(g) IV — Violations that create a climate conducive to abuses associated with the sale or service of alcoholic beverages;
(h) V — Violations inconsistent with the orderly regulation of the sale or service of alcoholic beverages.
(8) Violation sanctions
(a) The Commission may sanction a licensee or permittee in accordance with the guidelines set forth in Exhibit 1. Exhibit 1 also gives the categories for the most common violations.
(b) Exhibit 1 lists the proposed sanctions for single or multiple violations that occur within a two year period for each category described in subsection (7) of this rule. The Commission may allege multiple violations in a single notice or may count violations alleged in notices issued within the previous two year period toward the total number of violations. In calculating the total number of violations, the Commission may consider a proposed violation for which the Commission has not yet issued a final order.
(c) The proposed sanctions in Exhibit 1 are guidelines. If the Commission finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater sanction, up to and including cancellation. The Commission may decrease or increase a sanction to prevent inequity or to take account of particular circumstances in the case.
(d) Mitigating circumstances include, but are not limited to:
(A) Making a good faith effort to prevent a violation.
(B) Extraordinary cooperation in the violation investigation demonstrating the licensee or permittee accepts responsibility.
(e) Aggravating circumstances include, but are not limited to:
(A) Receiving a prior warning about one or more compliance problems.
(B) Repeated failure to comply with laws.
(C) Failure to use age verification equipment purchased as an offset to a previous penalty.
(D) Efforts by licensee or permittee to conceal a violation.
(E) Intentionally committing a violation.
(F) A violation involving more than one patron or employee.
(G) A violation involving a juvenile.
(H) A violation resulting in injury or death.
(I) Three or more violations within a two-year-period, regardless of the category, where the number of the proposed or final violations indicate a disregard for the law or failure to control the premises.
(9) A licensee may not avoid the sanction for a violation or the application of the provision for successive violations by merely adding or dropping a partner or converting to another form of legal entity when the individuals who own, operate, or control the business are substantially similar.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Source: Rule 845-006-0500 — Suspensions and Civil Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-006-0500 (accessed May 26, 2025).

845–006–0301
“Applicant” and “Licensee” Defined 845–006–0302
“Family Member” Defined 845–006–0309
Requirements for Outdoor Areas Not Abutting a Licensed Building 845–006–0335
Age Verification 845–006–0340
Minor Postings 845–006–0345
Prohibited Conduct 845–006–0347
Noisy, Disorderly or Unlawful Activity and Drinking Alcohol Outside the Premises 845–006–0348
Unlawful Drug Activity on Licensed Premises 845–006–0349
Activities on College Campuses 845–006–0353
Distilled Spirits Samples and Promotions from a Distiller’s Representative 845–006–0360
Maintenance of License Certificate, Restriction Document, Authority to Operate, Minor Posting Sign 845–006–0362
Responsibility of Licensees for Conduct of Others 845–006–0365
Payment for Alcoholic Beverages 845–006–0370
Financial Assistance 845–006–0380
Certificate of Approval for Distilled Spirits 845–006–0390
Transportation by Licensed Retailer from Licensed Wholesaler Premises 845–006–0391
Delivery of Malt Beverage, Wine or Cider to Individuals — Definitions 845–006–0392
Requirements for Direct Delivery of Wine and Cider to a Resident of Oregon 845–006–0396
Requirements for Direct Delivery of Malt Beverages to a Resident of Oregon 845–006–0399
Sale of Mixed Drinks and Single Servings of Wine by Full On-Premises Sales Licensees for Off-Premises Consumption and Delivery 845–006–0400
Requirements for Wine Self-Distribution Permit for Wine and Cider 845–006–0401
Requirements for Oregon Retailers to Receive Wine or Cider from the Holder of a Wine Self-Distribution Permit 845–006–0410
Custom Order Agreements 845–006–0425
Hours of Sale 845–006–0426
Public Interest and Convenience Reasons for Cancellation or Suspension 845–006–0428
Exemptions for Certain Tour Boats 845–006–0430
Alcohol Management in Public Venues 845–006–0433
Minibars in Hotel Guest Rooms 845–006–0434
Minibars in Arena Suites 845–006–0435
Maintaining Records: Retail Licensees 845–006–0440
Deposits on Draft Malt Beverage and Wine Containers 845–006–0441
Sale of Malt Beverages in Kegs 845–006–0445
Nonbeverage Food Products Containing Alcoholic Beverages 845–006–0446
Promotional Events at a Retailer Licensed Premises Involving Suppliers 845–006–0450
Retail On-Premises Malt Beverage, Wine, or Cider Tastings Involving Suppliers 845–006–0452
Requirements for Distilled Liquor Tastings Provided by Oregon Distillery Licensee 845–006–0459
Definitions 845–006–0460
Food Service at Commercial Establishment with Full On-Premises Sales License 845–006–0461
Food Service Requirements for Nonprofit Private Clubs with a Full On-Premises Sales License 845–006–0462
Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License 845–006–0463
Food Service Requirements for Public Passenger Carriers with a Full On-Premises Sales License 845–006–0464
Food Service Requirements for Other Public Locations with a Full On-Premises Sales License 845–006–0465
Food Service Requirements for Temporary Licenses Authorized Under ORS 471.190(4) 845–006–0466
General Food Service Requirements for Full On-Premises Sales Licenses 845–006–0469
Full On-Premises Sales License with Additional On-Premises Sales Privilege 845–006–0475
License Changes Requiring Notice/Prior Approval 845–006–0480
Changes in Premises or Operation: Notice Required 845–006–0481
Notification When Premises Closed: Time Limit for Operation 845–006–0482
Closure of Premises for Private Uses 845–006–0485
Public Passenger Carrier Notification of Additional Premises 845–006–0490
Requirements for a Full On-Premises Sales License for a Nonprofit Private Club 845–006–0495
Requirements for a Full On-Premises Sales License for a For-Profit Private Club 845–006–0497
Enforceable Compliance Plans 845–006–0498
Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension 845–006–0500
Suspensions and Civil Penalties

May 26, 2025

Rule 845-006-0500's source at or​.us