Grounds for cancellation or suspension of license or imposition of civil penalty
(1) The Oregon Liquor Control Commission may cancel or suspend any license issued under this chapter, or impose a civil penalty in lieu of or in addition to suspension as provided by ORS 471.322 (Civil penalty in lieu of or in addition to short-term suspension of certain licenses and permits), if it finds or has reasonable ground to believe any of the following to be true:
(a) That the licensee:
(A) Has violated any provision of this chapter or ORS 474.115 (Wholesale sale of malt beverage subject to agreement designating territory of sale) or any rule of the commission adopted pursuant thereto.
(B) Has made any false representation or statement to the commission in order to induce or prevent action by the commission.
(C) Is not maintaining an acceptable bond as required by ORS 471.311 (Application for license) or is not maintaining the insurance or bond required by ORS 471.168 (Certain licensees required to maintain liquor liability insurance or bond).
(D) Has maintained an insanitary establishment.
(E) Is insolvent or incompetent or physically unable to carry on the management of the establishment of the licensee.
(F) Is in the habit of using alcoholic liquor, habit-forming drugs or controlled substances to excess.
(G) Knowingly has sold alcoholic liquor to persons under 21 years of age or to persons visibly intoxicated at the time of sale or has knowingly allowed the consumption of alcoholic liquor on the licensed premises by a person who is visibly intoxicated at the time of consumption.
(H) Has misrepresented to a customer or the public any alcoholic liquor sold by the licensee.
(I) Since the granting of the license, has been convicted of a felony, of violating any of the liquor laws of this state, general or local, or of any misdemeanor or violation of any municipal ordinance committed on the licensed premises.
(b) That any person licensed to sell at retail for consumption on the premises is acting as an agent of, or is a manufacturer or wholesaler of alcoholic liquors, or has borrowed money or property, or has accepted gratuities or rebates, or has obtained the use of equipment from any manufacturer or wholesaler of alcoholic liquor or any agent thereof.
(c) That there is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or noise either in the premises or involving patrons of the establishment in the immediate vicinity of the premises if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Behavior which is grounds for cancellation or suspension of a license under this section, where so related to the sale or service of alcohol, includes, but is not limited to obtrusive or excessive noise, music or sound vibrations; public drunkenness; fights; altercations; harassment or unlawful drug sales; alcohol or related litter; trespassing on private property; and public urination. Mitigating factors include a showing by the licensee that the problems are not serious or persistent or that the licensee has demonstrated a willingness and ability to control adequately the licensed premises and patrons’ behavior in the immediate vicinity of the premises which is related to the licensee’s sale or service of alcohol under the licensee’s exercise of the license privilege.
(d) That there is any other reason which, in the opinion of the commission, based on public convenience or necessity, warrants canceling or suspending such license.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures). [Amended by 1953 c.107 §2; 1971 c.159 §4; 1979 c.744 §34; 1981 c.599 §1; 1989 c.785 §3; 1991 c.734 §40; 1995 c.301 §63; 1997 c.841 §6; 1999 c.351 §51]
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