2017 ORS 459A.717¹
Civil penalties

(1) The Oregon Liquor Control Commission may impose a civil penalty of at least $50, but not more than $500, for a violation of any provision of ORS 459A.700 (Definitions for ORS 459A.700 to 459A.740) to 459A.740 (Certification and withdrawal procedures). Each day a violation occurs constitutes a separate violation. The authority to impose a civil penalty under this section is in addition to and not in lieu of the revocation and suspension authority under ORS 459.992 (Criminal penalties) (4) and the criminal penalty authorized by ORS 459.992 (Criminal penalties).

(2) Notwithstanding subsection (1) of this section, if a dealer, as defined in ORS 459A.700 (Definitions for ORS 459A.700 to 459A.740), violates a provision of ORS 459A.738 (Convenience zones), the commission shall provide the dealer with written notice informing the dealer of the violation and stating that the dealer may avoid civil penalty for the violation by curing the violation within 60 days after issuance of the notice. If the dealer fails to cure the violation within 60 days after issuance of the notice, the commission shall impose a civil penalty of at least $200 for the violation. Each day after the 60-day period that the dealer continues to violate a provision of ORS 459A.738 (Convenience zones) is a separate offense subject to a separate civil penalty. The commission is not required to provide the dealer with an opportunity to cure a continuing violation before imposing a civil penalty for the continuing violation.

(3) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).

(4) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [2013 c.157 §2; 2015 c.724 §5]

(formerly 459.810 to 459.890)

Notes of Decisions

The “bottle bill” is a valid exercise of Oregon’s police power and is valid under the U.S. Constitu­tion and the Oregon Constitu­tion. Am. Can Co. v. Ore. Liquor Control Comm., 15 Or App 618, 517 P2d 691 (1973)

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

53 OLR 479-482 (1974); 4 EL 419-427 (1974); 54 OLR 175 (1975)

(formerly 459.165 to 459.200)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.