Or. Rev. Stat. § 471.405

Prohibited sales, purchases, possession, transportation, importation or solicitation in general; forfeiture upon conviction

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      471.405 Prohibited sales, purchases, possession, transportation, importation or solicitation in general; forfeiture upon conviction. (1) No person shall peddle or deliver alcoholic beverages to or at any place, where, without a license, alcoholic beverages are sold or offered for sale. No licensee shall sell or offer for sale any alcoholic beverage in a manner, or to a person, other than the license permits the licensee to sell.

      (2) No person shall purchase, possess, transport or import, except for sacramental purposes, an alcoholic beverage unless it is procured from or through the Oregon Liquor and Cannabis Commission, except as provided otherwise in the Liquor Control Act.

      (3) No person not licensed under the Liquor Control Act shall sell, solicit, take orders for or peddle alcoholic beverages.

      (4) Notwithstanding the provisions of subsection (2) of this section, an individual entering the state may have in possession an amount not to exceed four liters (135.2 fluid ounces) of distilled liquor, two cases of wine or cider (620 fluid ounces) and two cases of malt beverages (576 fluid ounces). These quantities of alcoholic beverages are exempt from fees collected by the commission.

      (5) Upon conviction for unlawfully purchasing or importing alcoholic beverages into this state, the person convicted shall forfeit to the commission the alcoholic beverage so purchased or imported. The commission shall thereupon seize the forfeited beverage and it shall then become the commission’s property. [Amended by 1953 c.120 §6; 1974 c.4 §5; 1981 c.600 §1; 1985 c.592 §2; 1987 c.608 §11; 1995 c.301 §19; 1999 c.351 §72; 2021 c.351 §99]

Notes of Decisions
Cited in 7 cases, 1958–2012 · leading case: State v. Greene
State v. Greene (1979) or · cites it 2× “247 (search of conveyances on knowledge or information that they are being used to transport narcotics illegally and seizure of drugs and conveyance if drugs are found); ORS 471.405 (seizure of illegally imported or purchased alcoholic beverages); ORS 471.”
Pike v. Allen International Ltd. (1979) or · cites it 2× “(Retired April 1,1979) 1 ORS 471.405 provides: "(1) No person shall peddle or deliver alcoholic liquor to or at any place, where, without a license, alcoholic liquor is sold or offered for sale.”
State v. Lermeny (1958) or “There is no evidence that the defendant made any profit on the liquor transaction and the defendant expressly denies receiving any compensation for making the purchase.”
State v. Richey (1981) orctapp · cites it 4× “Defendant was charged in district court with unlawful importation of alcoholic liquor in violation of ORS 471.405(2). 2 Defendant filed a motion to suppress the evidence because of an unlawful search and seizure of the liquor from the trunk of his automobile without a search…”
Clackamas Grocery Outlet Warehouse v. Oregon Liquor Control Commission (2012) orctapp · cites it 7× “]” Consistently with that fundamental premise, and invoking as well the purposes of the Act, the OLCC concluded that (1) “[b]y using the Clackamas warehouse facility as a distribution hub for wine to its 31 Oregon locations, [GOI] is engaging in wholesale alcohol sales in…”
P.G. Enterprises, Inc. v. Oregon Liquor Control Commission (1990) orctapp · cites it 5× “The standard penalty for a second violation of ORS 471.405(1) 3 is a 20-day suspension or a $1,300 fine.”
State v. Silko (1975) orctapp · cites it 3× “ORS 471.405(2). ① Her sole assignment of error is that the circuit court erred in overruling her demurrer to the complaint.”
— Or. Rev. Stat. § 471.405(1) — 3 cases
Pike v. Allen International Ltd. (1979) or “(Retired April 1,1979) 1 ORS 471.405 provides: "(1) No person shall peddle or deliver alcoholic liquor to or at any place, where, without a license, alcoholic liquor is sold or offered for sale.”
Clackamas Grocery Outlet Warehouse v. Oregon Liquor Control Commission (2012) orctapp “]” Consistently with that fundamental premise, and invoking as well the purposes of the Act, the OLCC concluded that (1) “[b]y using the Clackamas warehouse facility as a distribution hub for wine to its 31 Oregon locations, [GOI] is engaging in wholesale alcohol sales in…”
P.G. Enterprises, Inc. v. Oregon Liquor Control Commission (1990) orctapp “The standard penalty for a second violation of ORS 471.405(1) 3 is a 20-day suspension or a $1,300 fine.”
— Or. Rev. Stat. § 471.405(2) — 2 cases
State v. Richey (1981) orctapp “Defendant was charged in district court with unlawful importation of alcoholic liquor in violation of ORS 471.405(2). 2 Defendant filed a motion to suppress the evidence because of an unlawful search and seizure of the liquor from the trunk of his automobile without a search…”
State v. Silko (1975) orctapp “ORS 471.405(2). ① Her sole assignment of error is that the circuit court erred in overruling her demurrer to the complaint.”
— Or. Rev. Stat. § 471.405(3) — 1 case
Clackamas Grocery Outlet Warehouse v. Oregon Liquor Control Commission (2012) orctapp “]” Consistently with that fundamental premise, and invoking as well the purposes of the Act, the OLCC concluded that (1) “[b]y using the Clackamas warehouse facility as a distribution hub for wine to its 31 Oregon locations, [GOI] is engaging in wholesale alcohol sales in…”
— Or. Rev. Stat. § 471.405(5) — 1 case
State v. Richey (1981) orctapp “Defendant was charged in district court with unlawful importation of alcoholic liquor in violation of ORS 471.405(2). 2 Defendant filed a motion to suppress the evidence because of an unlawful search and seizure of the liquor from the trunk of his automobile without a search…”
— Or. Rev. Stat. § 471.405(l) — 1 case
Clackamas Grocery Outlet Warehouse v. Oregon Liquor Control Commission (2012) orctapp “]” Consistently with that fundamental premise, and invoking as well the purposes of the Act, the OLCC concluded that (1) “[b]y using the Clackamas warehouse facility as a distribution hub for wine to its 31 Oregon locations, [GOI] is engaging in wholesale alcohol sales in…”
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