2017 ORS 464.470¹
Grounds for suspension, revocation or denial of or refusal to renew license or permit
  • civil penalty

(1) The Department of Justice may deny an application for or refuse to renew a bingo, lotto, raffle or Monte Carlo event license or permit, and it may suspend or revoke any license or permit, for grounds stated in this section. Grounds for denial, renewal, suspension, revocation or civil penalty include, but are not limited to, cases in which the applicant, licensee or permit holder, or any person with an interest in the bingo, lotto, raffle or Monte Carlo event operation or proposed operation of the license applicant or licensee:

(a) Has continued to operate bingo, lotto, raffles or Monte Carlo events after losing the tax exempt status of the licensee as required under ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530) or ceases to exercise independent control over its activities or budget as required under ORS 464.290 (Eligibility for license requires independent control by organization).

(b) Has violated or has failed or refused to comply with ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine), 464.270 (Licensing requirements) to 464.380 (Variations depending on number, frequency or gross income authorized), 464.420 (Local prohibition in lieu of state regulation) or 464.450 (Oregon Gaming Account) to 464.530 (Jurisdiction of Circuit Court for Marion County), or has violated a rule adopted by the department, or has allowed such a violation to occur upon premises over which the applicant, licensee or interested person has substantial control.

(c) Has knowingly caused, aided or abetted, or conspired with another to cause, any person to fail or refuse to comply with the provisions, requirements, conditions, limitations or duties imposed by ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine), 464.270 (Licensing requirements) to 464.380 (Variations depending on number, frequency or gross income authorized), 464.420 (Local prohibition in lieu of state regulation) or 464.450 (Oregon Gaming Account) to 464.530 (Jurisdiction of Circuit Court for Marion County), or to fail or refuse to comply with a rule adopted by the department.

(d) Has obtained a license or permit by fraud, misrepresentation or concealment, or through inadvertence or mistake.

(e) Has been convicted of or forfeited bond upon, or has been granted diversion upon a charge involving forgery, theft, willful failure to make required payments or reports to a government agency at any level, or filing false reports to a government agency, or any similar offense or offenses, or of bribing or otherwise unlawfully influencing a public official or employee of any state or the United States, or of any crime, whether a felony or misdemeanor, involving gambling activity, physical injury to individuals or moral turpitude.

(f) Denies the department or its designee access to any place where a licensed game is conducted, denies such access by any law enforcement officer, or fails promptly to produce for inspection or audit any records or items it is required by law or by department rule to produce.

(g) Fails to display the appropriate license or permit on the premises where the licensed game is conducted at all times during the conduct of the game.

(h) Misrepresents or fails to disclose to the department any material fact.

(i) Fails to demonstrate to the department, by clear and convincing evidence, qualifications for the license or permit according to state law and the rules of the department establishing such qualifications.

(j) Is subject to current prosecution or pending charges, or to a conviction regardless of whether it has been appealed, for any offense described in paragraph (e) of this subsection. At the request of an applicant for an original license, the department may defer decision upon the application during the pendency of the prosecution or appeal.

(k) Has pursued or is pursuing economic gain in a manner or context which violates criminal or civil public policy of this state and creates a reasonable belief therefor that the participation of such person in bingo, lotto, raffle or Monte Carlo event operations would be inimical to the proper operation of a lawful bingo, lotto, raffle or Monte Carlo event operation.

(2) The department may also impose a civil penalty not to exceed $10,000 for any violation of any provision of subsection (1) of this section. [1987 c.914 §12; 1997 c.867 §14]

Notes of Decisions

Person having “interest” in bingo opera­tion can include per­son operating bingo game who is not applicant, licensee or permit holder. Evans v. Attorney General, 148 Or App 133, 939 P2d 111 (1997)

1 Legislative Counsel Committee, CHAPTER 464—Games, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors464.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 464, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano464.­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.