Alcoholic Liquors Generally

ORS 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 (Liability for providing or serving alcoholic beverages to intoxicated person).

(4)

Notwithstanding any other provision of law, the Oregon Liquor Control 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 (Grounds for refusing to issue license or for issuing restricted license) (4)(g). [1989 c.785 §2; 1995 c.301 §69; 2011 c.107 §2]

Notes of Decisions

Statutory violation does not establish negligence per se. Fulmer v. Timber Inn Restaurant and Lounge, Inc., 330 Or 413, 9 P3d 710 (2000)

Chapter 471

Atty. Gen. Opinions

Employment by OLCC of staff member as "hearings advocate" at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Citations

16 WLR 479 (1979)


Source

Last accessed
Jun. 26, 2021