Alcoholic Liquors Generally
- prohibited interests of commissioner and employee
(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 (Oregon Liquor Control Commission) 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 Control 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 (Distillery license).
(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]
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)