471.322 Civil
penalty in lieu of or in addition to short-term suspension of certain licenses
and permits; limits on amount.
(1) If a license issued under this chapter or a service permit issued under ORS
471.360 is suspended for a period of 30 days or less, the Oregon Liquor and
Cannabis Commission may impose against the affected licensee or permittee in
lieu of or in addition to the suspension a civil penalty fixed by the
commission in accordance with subsection (2) of this section if the commission
is satisfied that such a penalty in lieu of or in addition to suspension is
consistent with the purposes of the Liquor Control Act and the Oregon Distilled
Liquor Control Act. Upon payment of the penalty in lieu of suspension, the
commission shall cancel the suspension.
(2) Except as
provided in ORS 471.327, the penalty which the commission may impose pursuant
to subsection (1) of this section against a licensee shall not be less than
$100 nor more than $5,000. The penalty which the commission may impose pursuant
to subsection (1) of this section against a service permittee shall not be less
than $25 nor more than $500.
(3) Civil
penalties under this section shall be imposed as provided in ORS 183.745. [1969
c.67 §§2,3; 1973 c.144 §1; 1975 c.735 §1; 1979 c.264 §10; 1981 c.599 §2; 1991
c.61 §1; 1991 c.734 §41; 1995 c.301 §65; 1999 c.351 §52; 1999 c.1062 §1; 2021
c.351 §79]
471.325 [Amended by 1953 c.19 §2; 1957
c.220 §4; 1969 c.205 §1; repealed by 1971 c.734 §21]
Notes of Decisions
Pfeifer v. Copperstone Restaurant & Lounge, Inc., 693 P.2d 644 (Or. Ct. App. 1985).
· cites it 10× “322, 5 which provides that monetary penalties may be imposed by the OLCC in addition to or in lieu of license or permit suspension for serving visibly intoxicated patrons, precludes an award of punitive damages in a negligence action brought under ORS 30.”
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“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 471.322,” if OLCC “finds or has reasonable ground to believe” that any one of…”
Handam v. Wilsonville Holiday Partners, LLC, 201 P.3d 920 (Or. Ct. App. 2009).
“385 provides, in part: “(1) The Oregon Liquor Control Commission may revoke or suspend a service permit, or impose a civil penalty in lieu of or in addition to suspension as provided by ORS 471.322, if it finds or has reasonable grounds to believe any of the following to be…”
Marcoules v. Oregon Liquor Control Comm'n, 756 P.2d 661 (Or. Ct. App. 1988).
“315 provides: “[OLCC] may cancel or suspend any license, or impose a monetary penalty in lieu of or in addition to suspension as provided by ORS 471.322, if it finds or has reasonable ground to believe any of the following to be true: “(1) That the licensee: “(a) Has violated…”
— Or. Rev. Stat. § 471.322(1) — 1 case
Pfeifer v. Copperstone Restaurant & Lounge, Inc., 693 P.2d 644 (Or. Ct. App. 1985).
“322, 5 which provides that monetary penalties may be imposed by the OLCC in addition to or in lieu of license or permit suspension for serving visibly intoxicated patrons, precludes an award of punitive damages in a negligence action brought under ORS 30.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.