Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 471.730

Regulatory powers of commission

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      471.730 Regulatory powers of commission. The function, duties and powers of the Oregon Liquor and Cannabis Commission include the following:

      (1) To control the manufacture, possession, sale, purchase, transportation, importation and delivery of alcoholic liquor in accordance with the provisions of this chapter and ORS 474.105 and 474.115.

      (2) To grant, refuse, suspend or cancel licenses and permits for the sale or manufacture of alcoholic liquor, or other licenses and permits in regard thereto, and to permit, in its discretion, the transfer of a license of any person.

      (3) To collect the taxes and duties imposed by statutes relating to alcoholic liquors, and to issue, and provide for cancellation, stamps and other devices as evidence of payment of such taxes or duties.

      (4) To investigate and aid in the prosecution of every violation of statutes relating to alcoholic liquors, to seize alcoholic liquor manufactured, sold, kept, imported or transported in contravention of this chapter and ORS 474.105 and 474.115, and apply for the confiscation thereof, whenever required by statute, and cooperate in the prosecution of offenders before any court of competent jurisdiction.

      (5) To adopt such regulations as are necessary and feasible for carrying out the provisions of this chapter and ORS 474.105 and 474.115 and to amend or repeal such regulations. When such regulations are adopted they shall have the full force and effect of law.

      (6) To exercise all powers incidental, convenient or necessary to enable it to administer or carry out any of the provisions of this chapter and ORS 474.105 and 474.115.

      (7) To control, regulate and prohibit any advertising by manufacturers, wholesalers or retailers of alcoholic liquor by the medium of newspapers, letters, billboards, radio or otherwise.

      (8) To sell, license, regulate and control the use of alcohol for scientific, pharmaceutical, manufacturing, mechanical, industrial and other purposes, and to provide by regulation for the sale thereof for such uses. [Amended by 2021 c.351 §139]

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1961–2025 · leading case: JGB Enterprises, LLC v. OLCC
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JGB Enterprises, LLC v. OLCC (2023) orctapp · cites it 3× “040(1), including the authority to adopt regulations regarding the sale of alco- holic liquors, ORS 471.730. OLCC necessarily adopted OAR 845-006-0345(15) and (16) pursuant to ORS chapter 471, as that is the source of OLCC’s authority to adopt regulations.”
McCann v. Rosenblum (2014) or · cites it 3× “ORS 471.730; ORS 471.750. The OLCC appoints private business owners as agents to operate state-licensed retail liquor stores.”
Oregon Newspaper Publishers Ass'n v. Peterson (1966) or · cites it 2× “ORS 471.730 (5) delegates to the liquor commission the power: "To adopt such regulations as are necessary and feasible for carrying out the provisions of this chapter and to amend or repeal such regulations.”
Joint Council of Teamsters No. 37 v. Oregon Liquor Control Commission (1980) orctapp · cites it 2× “They contend that in defining the term to include nonheat methods of purification, the OLCC has acted beyond the scope of its authority granted it in ORS 471.730 and has violated art. IV § 1 of the state constitution 3 by exercising power reserved to the legislature.”
7455 Inc. v. Oregon Liquor Control Commission (1990) or · cites it 2× “See ORS 471.730(4). The administrative agency investigating a licensing matter, for example, is thus in a materially different position than the prosecutor in a gambling case, at the point when a subpoena issues.”
Van Ripper v. Oregon Liquor Control Commission (1961) or “* * *” "We now quote from ORS 471.730: “The function, duties and powers of the commission include the following: * * # “(5) To adopt such regulations as are necessary and feasible for carrying out the provisions of this chapter and to amend or repeal such regulations.”
Pike v. Allen International Ltd. (1979) or “By the terms of ORS 471.730 the "function, duties and power” of the Commission include the power and duty: "(1) To control the manufacture, possession, sale, purchase, transportation, importation and delivery of alcoholic liquor in accordance with the provisions of this chapter.”
Miller v. Oregon Liquor Control Commission (1979) orctapp “In addition to specifically enumerated powers and duties, the commission has the powers "necessary and proper to enable it to carry out fully and effectually all the purposes of this chapter.” ORS 471.”
State Ex Rel. Nilsen v. Whited (1964) or · cites it 2× “Oregon Liquor Control Commission, supra. It is therefore apparent that the licensed establishment can continue to operate only as long as it continues to serve food.”
Blue Iguana, Inc. v. Oregon Liquor Control Commission (2013) orctapp “Although OLCC has statutory authority under ORS 471.730(5) “to adopt such regulations as are necessary and feasible for carrying out the provisions” of ORS chapter 471 (regulating alcoholic liquors generally), there are very few explicit statutory requirements for rulemaking,…”
Central Pastime, LLC v. OLCC (2025) orctapp “040 and ORS 471.730 (estab- lishing the general powers and duties of OLCC, including the power to adopt necessary and feasible regulations and all other powers necessary or proper to carry out and effec- tuate the purposes of ORS chapter 471); and ORS 471.”
Odden v. Kotek (2023) ord · cites it 2× “” ORS § 471.730. Plaintiffs cite Eu in support of their assertion that Governor Kotek’s authority to appoint and remove OLCC commissioners gives her a fairly direct connection to enforcement of the allegedly unconstitutional statutes and regulations.”
Show all 14 citing cases →
— Or. Rev. Stat. § 471.730(1) — 1 case
Clackamas Grocery Outlet Warehouse v. Oregon Liquor Control Commission (2012) orctapp
— Or. Rev. Stat. § 471.730(2) — 2 cases
JGB Enterprises, LLC v. OLCC (2023) orctapp “040(1), including the authority to adopt regulations regarding the sale of alco- holic liquors, ORS 471.730. OLCC necessarily adopted OAR 845-006-0345(15) and (16) pursuant to ORS chapter 471, as that is the source of OLCC’s authority to adopt regulations.”
Clackamas Grocery Outlet Warehouse v. Oregon Liquor Control Commission (2012) orctapp
— Or. Rev. Stat. § 471.730(4) — 1 case
7455 Inc. v. Oregon Liquor Control Commission (1990) or “See ORS 471.730(4). The administrative agency investigating a licensing matter, for example, is thus in a materially different position than the prosecutor in a gambling case, at the point when a subpoena issues.”
— Or. Rev. Stat. § 471.730(5) — 2 cases
JGB Enterprises, LLC v. OLCC (2023) orctapp “040(1), including the authority to adopt regulations regarding the sale of alco- holic liquors, ORS 471.730. OLCC necessarily adopted OAR 845-006-0345(15) and (16) pursuant to ORS chapter 471, as that is the source of OLCC’s authority to adopt regulations.”
Blue Iguana, Inc. v. Oregon Liquor Control Commission (2013) orctapp “Although OLCC has statutory authority under ORS 471.730(5) “to adopt such regulations as are necessary and feasible for carrying out the provisions” of ORS chapter 471 (regulating alcoholic liquors generally), there are very few explicit statutory requirements for rulemaking,…”
— Or. Rev. Stat. § 471.730(6) — 1 case
Miller v. Oregon Liquor Control Commission (1979) orctapp “In addition to specifically enumerated powers and duties, the commission has the powers "necessary and proper to enable it to carry out fully and effectually all the purposes of this chapter.” ORS 471.”
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