471.315
Grounds for cancellation, suspension or restriction of license, certificate or
permit, requiring training or imposing civil penalty. (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, 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 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 or is not maintaining
the insurance or bond required by ORS 471.168.
(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.
(K) If the
license authorizes the sale or service of alcoholic beverages for consumption
on the premises and the licensee offers the sale or service of alcoholic
beverages for consumption on the premises, that the licensee does not hold a
valid service permit or temporary service permit issued under ORS 471.375 and
has not designated an individual who:
(i) Holds a valid
service permit or temporary service permit issued under ORS 471.375; and
(ii) Exercises,
or is entitled to exercise, control or responsibility over setting,
implementing and changing the licensee’s practices for selling and serving
alcoholic beverages at the 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) The
commission may cancel, suspend or restrict a certificate issued under ORS
471.244 or permit issued under ORS 471.274 or 471.282, or impose a civil
penalty in lieu of or in addition to a suspension of a certificate or permit as
provided by ORS 471.327, if the commission has reasonable grounds to believe
that the certificate or permit holder:
(a) Is in the
habit of using alcoholic beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made
false statements to the commission.
(c) Has been
convicted of violating a general or local law of this state or another state,
or of violating a federal law, if the conviction is substantially related to
the fitness and ability of the applicant to lawfully carry out activities
related to the certificate or permit.
(d) Has failed to
comply with ORS 459A.700 to 459A.754, 474.005 to 474.095, 474.115, 475C.005 to
475C.525, 475C.540 to 475C.586 or 475C.770 to 475C.919 or this chapter or ORS
chapter 473 or rules adopted by the commission pursuant to ORS 459A.700 to 459A.754,
474.005 to 474.095, 474.115, 475C.005 to 475C.525, 475C.540 to 475C.586 or
475C.770 to 475C.919 or this chapter or ORS chapter 473.
(e) Does not have
a good record of compliance with the alcoholic liquor laws and rules of any
other jurisdiction.
(f) Or any
officer, agent or employee of the certificate or permit holder, violated any
term or provision of an agreement entered into pursuant to ORS 471.244 or
submitted a false or fictitious report pursuant to the agreement.
(3) Civil
penalties under this section shall be imposed as provided in ORS 183.745. [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; 2023 c.391 §14; 2024 c.40 §9]
Notes of Decisions
Cited in
15
cases (
5 in the last 5 years), 1973–2024 · leading case:
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
· cites it 20× “Under ORS 471.315, OLCC “may cancel, suspend, restrict or require mandatory training for any license issued under [chapter 471], or impose a civil penalty in lieu of or in addition to a suspension as provided by ORS 471.”
Von Weidlein Int'l, Inc. v. Young, 517 P.2d 295 (Or. Ct. App. 1973).
· cites it 3× “The proceedings to revoke petitioners' licenses were brought pursuant to ORS 471.315(1)(b), which provides that "[t]he commission may cancel or suspend any license if it finds or has reasonable ground to believe * * * [t]hat the licensee * * * [h]as made any false representation…”
El Rio Nilo, LLC v. Oregon Liquor Control Comm'n, 246 P.3d 508 (Or. Ct. App. 2011).
· cites it 7× “See ORS 471.315(1) (grounds for cancellation include false representations by the licensee, unsanitary conditions in the establishment, insolvency, drug use, selling to minors, and the criminal record of the licensee).”
Taylor's Coffee Shop, Inc. v. Oregon Liquor Control Comm'n, 560 P.2d 693 (Or. Ct. App. 1977).
· cites it 10× “Petitioner argues that this statute limits the Commission’s authority to suspend a licensee for insanitary conditions *705 to those instances where such conditions are being "maintained.”
Mary's Fine Food, Inc. v. Oregon Liquor Control Comm'n, 567 P.2d 146 (Or. Ct. App. 1977).
“ORS 471.315(l)(a); ORS 472.180(1). Third and foremost, the scope of review is determined by the Administrative Procedures Act, ORS chapter 183, not the special procedures statutes, ORS 756.”
El Rio Nilo, LLC v. Olcc, 246 P.3d 508 (Or. Ct. App. 2011).
· cites it 7× “315(1)(c) is the only provision addressing behavior that could conceivably fall under the rubric of "adverse neighborhood impact.”
State v. McCathern, 154 P.3d 130 (Or. Ct. App. 2007).
· cites it 2× “The store argued that ORS 471.315(l)(a) authorized the commission to suspend a license only if the licensee knowingly sold liquor to a minor.”
Marcoules v. Oregon Liquor Control Comm'n, 756 P.2d 661 (Or. Ct. App. 1988).
· cites it 5× “re the agency finds a serious danger to the public health or safety and sets forth specific reasons for such findings, the agency may suspend or refuse to renew a license without hearing, but if the licensee demands a hearing within 90 days after the date of notice to the…”
Bonner v. Am. Golf Corp. of California, 372 Or. 814 (Or. 2024).
· cites it 3× “Consequently, whether the legislature’s enactment of that statute impairs a person’s right to a remedy under Article I, section 10, the 7 ORS 471.315 was amended during the 2024 regular legislative session.”
Bonner v. Am. Golf Corp. of California, 372 Or. 814 (Or. 2024).
· cites it 3× “Consequently, whether the legislature’s enactment of that statute impairs a person’s right to a remedy under Article I, section 10, the 7 ORS 471.315 was amended during the 2024 regular legislative session.”
Plaid Pantries, Inc. v. Oregon Liquor Control Comm'n, 517 P.2d 1192 (Or. Ct. App. 1974).
· cites it 4× “The thrust of petitioner’s argument is as follows: ORS 471.315, which enumerates the various grounds *202 for cancellation or suspension of licenses, requires that before such action may be taken the Commission must find that the sale was “knowingly” made to a person under 21…”
— Or. Rev. Stat. § 471.315(1) — 3 cases
El Rio Nilo, LLC v. Oregon Liquor Control Comm'n, 246 P.3d 508 (Or. Ct. App. 2011).
“See ORS 471.315(1) (grounds for cancellation include false representations by the licensee, unsanitary conditions in the establishment, insolvency, drug use, selling to minors, and the criminal record of the licensee).”
Bonner v. Am. Golf Corp. of California, 372 Or. 814 (Or. 2024).
“Consequently, whether the legislature’s enactment of that statute impairs a person’s right to a remedy under Article I, section 10, the 7 ORS 471.315 was amended during the 2024 regular legislative session.”
El Rio Nilo, LLC v. Olcc, 246 P.3d 508 (Or. Ct. App. 2011).
“315(1)(c) is the only provision addressing behavior that could conceivably fall under the rubric of "adverse neighborhood impact.”
— Or. Rev. Stat. § 471.315(1)(a) — 2 cases
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“Under ORS 471.315, OLCC “may cancel, suspend, restrict or require mandatory training for any license issued under [chapter 471], or impose a civil penalty in lieu of or in addition to a suspension as provided by ORS 471.”
— Or. Rev. Stat. § 471.315(1)(a)(A) — 2 cases
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“Under ORS 471.315, OLCC “may cancel, suspend, restrict or require mandatory training for any license issued under [chapter 471], or impose a civil penalty in lieu of or in addition to a suspension as provided by ORS 471.”
— Or. Rev. Stat. § 471.315(1)(a)(B) — 1 case
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“Under ORS 471.315, OLCC “may cancel, suspend, restrict or require mandatory training for any license issued under [chapter 471], or impose a civil penalty in lieu of or in addition to a suspension as provided by ORS 471.”
— Or. Rev. Stat. § 471.315(1)(a)(D) — 1 case
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“Under ORS 471.315, OLCC “may cancel, suspend, restrict or require mandatory training for any license issued under [chapter 471], or impose a civil penalty in lieu of or in addition to a suspension as provided by ORS 471.”
— Or. Rev. Stat. § 471.315(1)(a)(H) — 2 cases
Bonner v. Am. Golf Corp. of California, 372 Or. 814 (Or. 2024).
“Consequently, whether the legislature’s enactment of that statute impairs a person’s right to a remedy under Article I, section 10, the 7 ORS 471.315 was amended during the 2024 regular legislative session.”
Bonner v. Am. Golf Corp. of California, 372 Or. 814 (Or. 2024).
“Consequently, whether the legislature’s enactment of that statute impairs a person’s right to a remedy under Article I, section 10, the 7 ORS 471.315 was amended during the 2024 regular legislative session.”
— Or. Rev. Stat. § 471.315(1)(b) — 1 case
Von Weidlein Int'l, Inc. v. Young, 517 P.2d 295 (Or. Ct. App. 1973).
“The proceedings to revoke petitioners' licenses were brought pursuant to ORS 471.315(1)(b), which provides that "[t]he commission may cancel or suspend any license if it finds or has reasonable ground to believe * * * [t]hat the licensee * * * [h]as made any false representation…”
— Or. Rev. Stat. § 471.315(1)(c) — 2 cases
El Rio Nilo, LLC v. Olcc, 246 P.3d 508 (Or. Ct. App. 2011).
“315(1)(c) is the only provision addressing behavior that could conceivably fall under the rubric of "adverse neighborhood impact.”
— Or. Rev. Stat. § 471.315(1)(d) — 2 cases
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“Under ORS 471.315, OLCC “may cancel, suspend, restrict or require mandatory training for any license issued under [chapter 471], or impose a civil penalty in lieu of or in addition to a suspension as provided by ORS 471.”
Marcoules v. Oregon Liquor Control Comm'n, 756 P.2d 661 (Or. Ct. App. 1988).
“re the agency finds a serious danger to the public health or safety and sets forth specific reasons for such findings, the agency may suspend or refuse to renew a license without hearing, but if the licensee demands a hearing within 90 days after the date of notice to the…”
— Or. Rev. Stat. § 471.315(l)(a) — 4 cases
Mary's Fine Food, Inc. v. Oregon Liquor Control Comm'n, 567 P.2d 146 (Or. Ct. App. 1977).
“ORS 471.315(l)(a); ORS 472.180(1). Third and foremost, the scope of review is determined by the Administrative Procedures Act, ORS chapter 183, not the special procedures statutes, ORS 756.”
State v. McCathern, 154 P.3d 130 (Or. Ct. App. 2007).
“The store argued that ORS 471.315(l)(a) authorized the commission to suspend a license only if the licensee knowingly sold liquor to a minor.”
— Or. Rev. Stat. § 471.315(l)(c) — 1 case
El Rio Nilo, LLC v. Oregon Liquor Control Comm'n, 246 P.3d 508 (Or. Ct. App. 2011).
“See ORS 471.315(1) (grounds for cancellation include false representations by the licensee, unsanitary conditions in the establishment, insolvency, drug use, selling to minors, and the criminal record of the licensee).”
— Or. Rev. Stat. § 471.315(l)(d) — 2 cases
Marcoules v. Oregon Liquor Control Comm'n, 756 P.2d 661 (Or. Ct. App. 1988).
“re the agency finds a serious danger to the public health or safety and sets forth specific reasons for such findings, the agency may suspend or refuse to renew a license without hearing, but if the licensee demands a hearing within 90 days after the date of notice to the…”
— Or. Rev. Stat. § 471.315(l)(g) — 1 case
State v. McCathern, 154 P.3d 130 (Or. Ct. App. 2007).
“The store argued that ORS 471.315(l)(a) authorized the commission to suspend a license only if the licensee knowingly sold liquor to a minor.”
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