Oregon Revised Statutes

Or. Rev. Stat. § 471.040 (2026)

General powers and duties of the commission; rules; delegation

✓ current as of May 2026
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      471.040 General powers and duties of the commission; rules; delegation. (1) The Oregon Liquor and Cannabis Commission has the powers and duties specified in this chapter and ORS 474.105 and 474.115, and also the powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter and ORS 474.105 and 474.115. It shall make such rules and regulations pertaining to natural and fortified wines as will prevent the importation and sale in Oregon of blended, rectified, adulterated or low-quality wines. The jurisdiction, supervision, powers and duties of the commission extend to any person who buys, sells, manufactures, imports or transports any alcoholic liquor within this state. The commission may sue and be sued.

      (2) Except for the power to adopt rules, the commission may delegate any of the commission’s powers or duties to the administrator appointed under ORS 471.720. [Amended by 2001 c.785 §10; 2021 c.351 §41]

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1961–2025 · leading case: Pike v. Allen Int'l Ltd., 597 P.2d 804 (Or. 1979).
Pike v. Allen Int'l Ltd., 597 P.2d 804 (Or. 1979). · cites it 2× “” *58 In addition, it is provided by ORS 471.040 that: "The Commission has the powers and duties specified in this chapter, and also the powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter.”
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023). “” To carry out and effectuate the purposes of the act, OLCC has been granted certain powers and duties, ORS 471.040(1), including the authority to adopt regulations regarding the sale of alco- holic liquors, ORS 471.”
Van Ripper v. Oregon Liquor Control Comm'n, 365 P.2d 109 (Or. 1961). “” ORS 471.040 says: “The commission has the powers and duties specified in this chapter, and also the powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter.”
Miller v. Oregon Liquor Control Comm'n, 600 P.2d 954 (Or. Ct. App. 1979). “” ORS 471.040. The commission is empowered "to adopt such regulations as are necessary and feasible for carrying out the provisions of [the Act]” and "to exercise all powers incidental, convenient or necessary to enable it to administer or carry out any of the ’provisions of…”
Jt. Council of Teamsters No. 37 v. Oregon Liquor Control Comm'n, 610 P.2d 1250 (Or. Ct. App. 1980). “ORS 471.040. Specifically included among the Commission’s powers are those listed in ORS 471.”
Blue Iguana, Inc. v. Oregon Liquor Control Comm'n, 310 P.3d 720 (Or. Ct. App. 2013). · cites it 2× “The sanctioning agency is OLCC, and the basis of the sanction is violation of an OLCC administrative rule, OAR 845-006-0347(3)(a) (quoted above, 258 Or App at 538 n 1), established under the authority of ORS 471.040 (establishing that OLCC has power to make rules).”
Cent. Pastime, LLC v. OLCC, 342 Or. App. 391 (Or. Ct. App. 2025). “030 (establishing the purpose of the Liquor Control Act, includ- ing “to protect the safety, welfare, [and] health * * * of the people of the state”); ORS 471.040 and ORS 471.730 (estab- lishing the general powers and duties of OLCC, including the power to adopt necessary and…”
Odden v. Kotek (D. Or. 2023). · cites it 3× “(ORS) § 471.040. Against all Defendants, Plaintiffs assert federal civil rights claims under 42 U.”
Cent. Pastime, LLC v. OLCC, 342 Or. App. 391 (Or. Ct. App. 2025). “030 (establishing the purpose of the Liquor Control Act, includ- ing “to protect the safety, welfare, [and] health * * * of the people of the state”); ORS 471.040 and ORS 471.730 (estab- lishing the general powers and duties of OLCC, including the power to adopt necessary and…”
— Or. Rev. Stat. § 471.040(1) — 2 cases
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023). “” To carry out and effectuate the purposes of the act, OLCC has been granted certain powers and duties, ORS 471.040(1), including the authority to adopt regulations regarding the sale of alco- holic liquors, ORS 471.”
Odden v. Kotek (D. Or. 2023). “(ORS) § 471.040. Against all Defendants, Plaintiffs assert federal civil rights claims under 42 U.”
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