2017 ORS 471.331¹
Notice to licensee when refusal to renew or suspension or cancellation of license based on adverse neighborhood impact
  • no stay of order

(1) Whenever the Oregon Liquor Control Commission proposes to refuse to renew or to suspend or cancel any license issued under this chapter because of adverse neighborhood impact of the licensee’s operation, notwithstanding ORS 183.435 (Period allowed to request hearing for license refusal on grounds other than test or inspection results), the commission shall grant the affected licensee 20 days from notification of the proposed commission action to request a hearing.

(2) Notwithstanding ORS 183.482 (Jurisdiction for review of contested cases) (3), the Oregon Liquor Control Commission shall not stay any order refusing a license or suspending or canceling any license if the order was entered on grounds stated in ORS 471.313 (Grounds for refusing to issue license or for issuing restricted license) (5) or 471.315 (Grounds for cancellation, suspension or restriction of license, requiring training or imposing civil penalty) (1)(c). [Formerly 471.312]

Notes of Decisions

“Adverse neighborhood impact” includes serious and persistent problems involving dis­tur­bances, lewd or unlawful activities or noise, either in premises of licensee or involving patrons of licensee in immediate vicinity of premises. El Rio Nilo, LLC v. Oregon Liquor Control Commission, 240 Or App 362, 246 P3d 508 (2011)

To determine amount of time that licensee has to request hearing, period of notifica­tion begins on date on which notice is mailed. El Rio Nilo, LLC v. Oregon Liquor Control Commission, 240 Or App 362, 246 P3d 508 (2011)

Chapter 471

Atty. Gen. Opinions

Employ­ment by OLCC of staff member as “hearings advocate” at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Cita­tions

16 WLR 479 (1979)

1 Legislative Counsel Committee, CHAPTER 471—Alcoholic Liquors Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors471.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 471, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano471.­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.