471.333 Effect
of sanitation violations.
(1) Except as provided in subsections (2) and (3) of this section, the Oregon
Liquor and Cannabis Commission shall not refuse to issue, cancel or suspend a
license under ORS 471.313, 471.315 or 471.425 for maintaining an insanitary
establishment.
(2) The
commission may refuse to issue, cancel or suspend a license under ORS 471.313,
471.315 or 471.425 for maintaining an insanitary establishment in violation of
a city ordinance relating to sanitation only if the licensee is convicted of
violating the ordinance.
(3) The
commission may refuse to issue, cancel or suspend a license under ORS 471.313,
471.315 or 471.425 for maintaining an insanitary establishment in violation of
ORS 447.010 to 447.156 and 447.992 or the laws, orders or rules relating to
public health of the Oregon Health Authority or the State Department of
Agriculture only when the agency charged with enforcing those laws, orders or
rules finds that the licensee is in violation of them and renders a final order
adverse to the licensee. [Formerly 471.317; 2001 c.900 §204; 2009 c.595 §959;
2021 c.351 §84]
471.335 [Amended by 1953 c.120 §6; 1974
c.4 §4; 1985 c.592 §3; renumbered 471.404 in 1999]
471.340 [Amended by 1983 c.316 §1; 1999
c.351 §69; renumbered 471.442 in 1999]
(Sales and Deliveries
of Alcoholic Beverages to Minors by Licensees)
Notes of Decisions
Cited in
2
cases (
2 in the last 5 years), 2023–2024 · 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 30× “ORS 471.333 provides: “(1) Except as provided in subsections (2) and (3) of this section, the Oregon Liquor and Cannabis Commission shall not refuse to issue, cancel or suspend a license under ORS 471.”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
· cites it 4× “The OLCC’s order deter- mining that petitioner violated OAR 845-006-0345(15) does not implicate ORS 471.333. In conclusion, the OLCC did not err in determining that petitioner was in violation of OAR 845-006-0345(15) and imposing the sanction of cancellation of its liquor…”
— Or. Rev. Stat. § 471.333(1) — 1 case
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“ORS 471.333 provides: “(1) Except as provided in subsections (2) and (3) of this section, the Oregon Liquor and Cannabis Commission shall not refuse to issue, cancel or suspend a license under ORS 471.”
— Or. Rev. Stat. § 471.333(2) — 1 case
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“ORS 471.333 provides: “(1) Except as provided in subsections (2) and (3) of this section, the Oregon Liquor and Cannabis Commission shall not refuse to issue, cancel or suspend a license under ORS 471.”
— Or. Rev. Stat. § 471.333(3) — 2 cases
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“ORS 471.333 provides: “(1) Except as provided in subsections (2) and (3) of this section, the Oregon Liquor and Cannabis Commission shall not refuse to issue, cancel or suspend a license under ORS 471.”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
“The OLCC’s order deter- mining that petitioner violated OAR 845-006-0345(15) does not implicate ORS 471.333. In conclusion, the OLCC did not err in determining that petitioner was in violation of OAR 845-006-0345(15) and imposing the sanction of cancellation of its liquor…”
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