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

Text
Annotations 7

(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 (Civil penalty in lieu of or in addition to short-term suspension of certain licenses and permits), 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 (Wholesale sale of malt beverage subject to agreement designating territory of sale) 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 (Application for license) or is not maintaining the insurance or bond required by ORS 471.168 (Certain licensees required to maintain liquor liability insurance or bond).

(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)

Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures). [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]

Source: Section 471.315 — Grounds for cancellation, suspension or restriction of license, requiring training or imposing civil penalty, https://www.oregonlegislature.gov/bills_laws/ors/ors471.html.

Notes of Decisions

The language “has reasonable ground to believe” does not require finality of a conviction by exhaustion of appeal. Sportservice Corp. v. Ore. Liquor Control Comm., 15 Or App 226, 515 P2d 731 (1973), Sup Ct review denied

False representation or statement made to induce commission action need not be intentional, nor is it required that commission believe erroneous information. Von Weidlein Intl., Inc. v. Young, 16 Or App 81, 514 P2d 560, 515 P2d 936, 517 P2d 295 (1973), Sup Ct review denied

Knowledge of the prospective purchaser’s age is not required for suspension of a license to sell liquor for violation of ORS 471.130. Plaid Pantries, Inc. v. Ore. Liquor Control Comm., 16 Or App 199, 517 P2d 1192 (1974)

A license granted under this chapter may be suspended for selling liquor to a minor only if this sale was made with knowledge of the minor’s age, or with reasonable ground to believe the purchaser was a minor. Plaid Pantries, Inc. v. Ore. Liquor Control Comm., 16 Or App 199, 517 P2d 1192 (1974)

Commission is not foreclosed from prohibiting by rule isolated insanitary conditions. Taylor’s Coffee Shop v. Oregon Liquor Control Comm., 28 Or App 701, 560 P2d 693 (1977), Sup Ct review denied

Reasons for prehearing suspension of liquor license under ORS 183.430 must be at least as substantial as those which would justify suspension under general suspension statute, this section. Marcoules v. OLCC, 91 Or App 573, 756 P2d 661 (1988)

Attorney General Opinions

Sanitation inspections by Oregon Liquor Control Commission and Health Division, (1974) Vol 37, p 123

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

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

(1)

(a)

(A)

(B)

(C)

(D)

(E)

(F)

(G)

(H)

(I)

(J)

(b)

(c)

(d)

(2)

Notes of Decisions

Attorney General Opinions

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