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Oregon Revised Statutes

Or. Rev. Stat. § 471.412 (2026)

Allowing visibly intoxicated person to consume alcoholic beverages; good faith effort; effect on other liability; letters of reprimand

✓ current as of May 2026
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      471.412 Allowing visibly intoxicated person to consume alcoholic beverages; good faith effort; effect on other liability; letters of reprimand. (1) A licensee or permittee may not allow a person to consume or to continue to consume alcoholic beverages on the licensed premises after observing that the person is visibly intoxicated.

      (2) A licensee or permittee is not in violation of subsection (1) of this section if the licensee or permittee makes a good faith effort to remove any unconsumed alcoholic beverages from the person’s possession when the licensee or permittee observes that the person is visibly intoxicated.

      (3) Nothing in this section applies to determining liability under ORS 471.565.

      (4) Notwithstanding any other provision of law, the Oregon Liquor and Cannabis Commission shall only impose letters of reprimand for the first three violations of this section within a two-year period. For license renewal purposes, the first three violations of this section in a two-year period do not apply in determining the past record of compliance under ORS 471.313 (1)(d)(G). [1989 c.785 §2; 1995 c.301 §69; 2011 c.107 §2; 2021 c.351 §101; 2023 c.391 §20]

 

      471.415 [Amended by 1955 c.657 §10; 1957 c.297 §1; repealed by 1995 c.301 §81]

 

      471.417 [1985 c.306 §2; 1989 c.471 §1; repealed by 1995 c.301 §81]

 

      471.420 [Amended by 1959 c.399 §1; 1971 c.680 §2; repealed by 1979 c.43 §1 and by 1979 c.190 §431]

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1998–2024 · leading case: Fulmer v. Timber Inn Restaurant & Lounge, Inc., 9 P.3d 710 (Or. 2000).
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Fulmer v. Timber Inn Restaurant & Lounge, Inc., 9 P.3d 710 (Or. 2000). · cites it 5× “410(1), 3 ORS 471.412(1), 4 and former ORS 472.310(3) (1993).”
Fulmer v. Timber Inn Restaurant & Lounge, Inc., 954 P.2d 201 (Or. Ct. App. 1998). · cites it 6× “410(1), ORS 471.412(1), and ORS 472.310(3) (1991), which prohibit social hosts and licensees of the Oregon Liquor Control Commission (OLCC) from, among other things, serving or allowing to be served persons who are visibly intoxicated.”
Schutz v. La Costita III, Inc., 302 P.3d 460 (Or. Ct. App. 2013). · cites it 3× “” The legislature amended ORS 471.412 in 2011. Or Laws 2011, ch 107, § 2.”
Papas v. Oregon Liquor Control Comm'n, 161 P.3d 948 (Or. Ct. App. 2007). “410(1) (prohibiting licensees from making any alcoholic beverage available to an intoxicated person); ORS 471.412 (prohibiting licensees from knowingly allowing an intoxicated person to consume alcoholic beverages).”
Bonner v. Am. Golf Corp. of California, 372 Or. 814 (Or. 2024). · cites it 2× “410(1), which generally pro- hibits the provision of alcohol to a visibly intoxicated per- son; ORS 471.412(1), which prohibits an OLCC licensee from permitting a visibly intoxicated person to consume alcohol on the licenses premises; and ORS 471.”
Bonner v. Am. Golf Corp. of California, 372 Or. 814 (Or. 2024). · cites it 2× “410(1), which generally pro- hibits the provision of alcohol to a visibly intoxicated per- son; ORS 471.412(1), which prohibits an OLCC licensee from permitting a visibly intoxicated person to consume alcohol on the licenses premises; and ORS 471.”
Fulmer v. Timber Inn Restaurant & Lounge, Inc. (Or. 2000). · cites it 5× “We begin with plaintiffs' first three claims, each of which alleged negligence per se . Plaintiffs alleged that, by continuing to serve alcohol to plaintiff after he was visibly intoxicated, defendants violated ORS 471.”
— Or. Rev. Stat. § 471.412(1) — 6 cases
Fulmer v. Timber Inn Restaurant & Lounge, Inc., 9 P.3d 710 (Or. 2000). “410(1), 3 ORS 471.412(1), 4 and former ORS 472.310(3) (1993).”
Fulmer v. Timber Inn Restaurant & Lounge, Inc., 954 P.2d 201 (Or. Ct. App. 1998). “410(1), ORS 471.412(1), and ORS 472.310(3) (1991), which prohibit social hosts and licensees of the Oregon Liquor Control Commission (OLCC) from, among other things, serving or allowing to be served persons who are visibly intoxicated.”
Schutz v. La Costita III, Inc., 302 P.3d 460 (Or. Ct. App. 2013). “” The legislature amended ORS 471.412 in 2011. Or Laws 2011, ch 107, § 2.”
Bonner v. Am. Golf Corp. of California, 372 Or. 814 (Or. 2024). “410(1), which generally pro- hibits the provision of alcohol to a visibly intoxicated per- son; ORS 471.412(1), which prohibits an OLCC licensee from permitting a visibly intoxicated person to consume alcohol on the licenses premises; and ORS 471.”
Bonner v. Am. Golf Corp. of California, 372 Or. 814 (Or. 2024). “410(1), which generally pro- hibits the provision of alcohol to a visibly intoxicated per- son; ORS 471.412(1), which prohibits an OLCC licensee from permitting a visibly intoxicated person to consume alcohol on the licenses premises; and ORS 471.”
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