ORS 471.730
Regulatory powers of commission

The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following:

(1)

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 (Legislative finding on ORS 474.115) and 474.115 (Wholesale sale of malt beverage subject to agreement designating territory of sale).

(2)

To grant, refuse, suspend or cancel licenses and permits for the sale or manufacture of alcoholic liquor, or other licenses and permits in regard thereto, and to permit, in its discretion, the transfer of a license of any person.

(3)

To collect the taxes and duties imposed by statutes relating to alcoholic liquors, and to issue, and provide for cancellation, stamps and other devices as evidence of payment of such taxes or duties.

(4)

To investigate and aid in the prosecution of every violation of statutes relating to alcoholic liquors, to seize alcoholic liquor manufactured, sold, kept, imported or transported in contravention of this chapter and ORS 474.105 (Legislative finding on ORS 474.115) and 474.115 (Wholesale sale of malt beverage subject to agreement designating territory of sale), and apply for the confiscation thereof, whenever required by statute, and cooperate in the prosecution of offenders before any court of competent jurisdiction.

(5)

To adopt such regulations as are necessary and feasible for carrying out the provisions of this chapter and ORS 474.105 (Legislative finding on ORS 474.115) and 474.115 (Wholesale sale of malt beverage subject to agreement designating territory of sale) and to amend or repeal such regulations. When such regulations are adopted they shall have the full force and effect of law.

(6)

To exercise all powers incidental, convenient or necessary to enable it to administer or carry out any of the provisions of this chapter and ORS 474.105 (Legislative finding on ORS 474.115) and 474.115 (Wholesale sale of malt beverage subject to agreement designating territory of sale).

(7)

To control, regulate and prohibit any advertising by manufacturers, wholesalers or retailers of alcoholic liquor by the medium of newspapers, letters, billboards, radio or otherwise.

(8)

To sell, license, regulate and control the use of alcohol for scientific, pharmaceutical, manufacturing, mechanical, industrial and other purposes, and to provide by regulation for the sale thereof for such uses. [Amended by 2021 c.351 §139]

Source: Section 471.730 — Regulatory powers of commission, https://www.­oregonlegislature.­gov/bills_laws/ors/ors471.­html.

Notes of Decisions

Where OLCC had duty to interpret and enforce provisions of this section and ORS 471.040, Commission was necessary and indispensable party in suit brought by retail wine sellers against wholesale sellers for declaratory judgment that certain dock sales were in violation of Liquor Control Act. Pike v. Allen International Ltd., 287 Or 55, 597 P2d 804 (1979)

Attorney General Opinions

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

Law Review Citations

4 EL 199 (1974)

471.001
Definitions for ORS chapters 471 and 473 471.023
“Cider” defined 471.027
Short title 471.030
Purpose of Liquor Control Act 471.035
Certain products excepted from liquor laws 471.037
Homemade beer, wine and fermented fruit juice exemption from liquor laws 471.038
Nonbeverage food products 471.039
Certain cruise ships exempt from liquor laws 471.040
General powers and duties of the commission 471.045
Liquor laws supersede and repeal inconsistent charters and ordinances 471.105
Purchaser’s qualifications 471.115
Limitations on purchasing may be imposed 471.130
Requiring statement of age or identification from certain purchasers 471.135
False statement of age 471.155
Commission’s licensing duties 471.157
Licenses issuable 471.159
Enclosure of licensed premises 471.162
Exemptions from license requirement 471.164
Authority of cities and counties over establishments that offer entertainment or serve alcoholic beverages 471.166
Local government recommendations on license issuance and renewal 471.168
Certain licensees required to maintain liquor liability insurance or bond 471.175
Full on-premises sales license 471.176
Sale of mixed drinks and single servings of wine by holder of full on-premises sales license 471.178
Limited on-premises sales license 471.180
In-room supply of alcoholic beverages by hotel or arena 471.182
Issuance of full or limited on-premises sales license to public passenger carrier 471.184
Catering and other temporary off-premises service under full or limited on-premises sales license 471.186
Off-premises sales license 471.190
Temporary sales license 471.192
Purchases by Indian tribe 471.194
Purchases by airline 471.200
Brewery-public house license 471.221
Brewery license 471.223
Winery license 471.227
Grower sales privilege license 471.230
Distillery license 471.235
Wholesale malt beverage and wine license 471.242
Warehouse license 471.244
Certificates of approval for malt beverages, cider or wine 471.251
Certificates of approval for distilled liquor 471.268
Homemade malt beverages and wines at licensed premises 471.271
Requirement to report sex trafficking at licensed premises 471.272
Manner of shipping or transporting wine or cider 471.274
Wine self-distribution permit 471.282
Direct shipper permit 471.292
Characteristics of license 471.294
License terms 471.297
Temporary letter of authority on change of ownership 471.305
Delivery of alcoholic beverages 471.310
Cities, counties as licensees 471.311
Application for license 471.313
Grounds for refusing to issue license or for issuing restricted license 471.315
Grounds for cancellation, suspension or restriction of license, requiring training or imposing civil penalty 471.316
Mandatory suspension if licensee fails to prevent certain unlawful drug use or sales on premises 471.318
Commission authority following lapse, suspension or revocation 471.322
Civil penalty in lieu of or in addition to short-term suspension of certain licenses and permits 471.326
Refund of civil penalty if suspension not sustained on judicial review 471.327
Civil penalty in addition to or in lieu of suspending certain other licenses or certificates 471.329
Serious and persistent problems involving noise as grounds for discipline of licensee or applicant 471.331
Notice to licensee when refusal to renew or suspension or cancellation of license based on adverse neighborhood impact 471.333
Effect of sanitation violations 471.341
Mandatory clerk training course for employees of off-premises sales licensees 471.342
Acquisition and use of age verification equipment in lieu of other penalty 471.344
Responsible vendor program 471.346
Uniform standards for minor decoy operations 471.351
Examination of books and premises of licensees 471.360
Service permit required 471.365
Characteristics of permit 471.370
Expiration 471.375
Application 471.380
Grounds for refusing to issue permit 471.385
Grounds for revoking or suspending permit or imposing civil penalty 471.392
Definitions for ORS 471.392 to 471.400 471.394
Prohibition on sales at both wholesale and retail 471.396
Exceptions to prohibition on financial connection between wholesaler and retailer 471.398
Prohibition of financial assistance from wholesaler to retailer 471.400
Exceptions to prohibition of financial assistance 471.401
Purchase of alcoholic liquor advertising space or time from retail licensee 471.402
Sample tastings authorized 471.403
License required to produce alcoholic liquor 471.404
Importing liquor without license prohibited 471.405
Prohibited sales, purchases, possession, transportation, importation or solicitation in general 471.406
Activities covered by prohibitions on sale of alcoholic beverages 471.407
Offer of alcoholic beverages as inducement to make purchases 471.408
Alcoholic liquor may not be given as prize 471.410
Providing liquor to person under 21 or to intoxicated person 471.412
Allowing visibly intoxicated person to consume alcoholic beverages 471.425
Misrepresentations by licensee and others 471.430
Purchase or possession of alcoholic beverages by person under 21 471.432
Examination for problem condition involving alcohol upon conviction 471.434
Immunity for violation of ORS 471.430 when reporting sexual assault crime 471.440
Manufacture, fermentation or possession of mash, wort or wash 471.442
Wine compliance with standards 471.445
Use of misleading mark or label on container 471.446
Seals on wine and cider containers 471.473
Liquor store business loss compensation 471.475
Mixing, storing or serving of liquor without license 471.480
Sale of liquor by certain employees 18 years of age or older 471.482
Sale or service of liquor by employees 18 years of age or older generally 471.485
Payment required on or before delivery of liquor 471.490
Delivery or acceptance of instrument drawn upon insufficient funds or not payable according to terms 471.495
Report by wholesaler of instruments not paid on presentment required 471.500
Application of ORS 471.485 to 471.495 471.501
Malt beverage container refunds 471.506
Petition and election for local option 471.510
Sales not affected by local option laws 471.515
Effective date of local option 471.541
Alcohol Education Program 471.542
Alcohol server education course and examination 471.547
Alcohol Server Education Advisory Committee 471.549
Civil penalty 471.551
Warning signs required 471.553
Consultation with certain groups on production and posting of signs 471.557
Solicitation of private funds 471.559
Violations 471.561
Production and distribution of signs 471.565
Liability for providing or serving alcoholic beverages to intoxicated person 471.567
Liability for providing alcoholic beverages to minor 471.575
School district culinary arts classes 471.580
Education provider food or beverage career programs 471.605
Duty of officers to enforce and to inform district attorney 471.610
Confiscation of liquor and property by commission 471.615
Duty to notify commission of conviction of licensee 471.620
Property and places as common nuisances 471.625
Lien on place used to unlawfully handle liquor 471.630
Authority to abate nuisance 471.635
Issuance of restraining order 471.640
Service of restraining order 471.645
Temporary injunction 471.650
Nature of permanent injunction 471.655
Owner may defend 471.657
Confiscation and forfeiture for violation of ORS 471.475 471.660
Seizure of conveyance transporting liquor and liquor therein 471.666
Disposal of seized liquor and of vehicle or other conveyance 471.675
Resisting arrest or interfering with enforcement 471.680
Allegation and proof in prosecutions 471.685
Governor authorized to suspend license 471.695
Fingerprinting of license applicants and certain commission employees 471.700
Revocation of license on gambling conviction 471.703
Police notice to commission or social host when certain persons involved in motor vehicle accidents 471.705
Oregon Liquor and Cannabis Commission 471.710
Removal 471.715
Chairperson 471.720
Administrator 471.725
Buying, leasing, contracting and borrowing powers of commission 471.730
Regulatory powers of commission 471.732
Policy relating to sanitation in licensed premises 471.735
Testing and seizure of wines 471.737
Vermouth sales 471.740
Exclusive right of commission to handle certain liquors 471.745
Fixing prices and selling liquor 471.747
Granulated alcohol 471.750
Liquor stores and warehouses 471.752
Agent participation in programs for state employees 471.753
Agent compensation 471.754
Commission to develop recycling education materials 471.757
Statement of financial interest in business of licensee 471.760
Subpoena 471.765
Procedure when person refuses to testify or produce books 471.770
Self-incrimination as a basis for refusing to testify or produce books 471.775
Service of subpoenas 471.790
Commissioners not liable for official acts 471.795
Purchase and use of liquor by member or employee of commission 471.800
Restrictions on out-of-state wine 471.802
Wine label designation of American viticultural area 471.805
Disposition of moneys 471.810
Distribution of available moneys in Oregon Liquor and Cannabis Commission Account 471.817
Alternative transportation organization to report annually 471.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 471.730’s source at oregon​.gov