(1) The Oregon Liquor and Cannabis 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 to 459A.744. 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 (5) and the criminal penalty authorized by ORS § 459.992.

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(2) Notwithstanding subsection (1) of this section, if a dealer violates a provision of ORS § 459A.738, or if a distributor or importer violates a provision of ORS § 459A.718, the commission shall provide the dealer, distributor or importer with written notice informing the dealer, distributor or importer of the violation and stating that the dealer, distributor or importer may avoid civil penalty for the violation by curing the violation within 60 days after issuance of the notice. If the dealer, distributor or importer 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, or that the distributor or importer continues to violate a provision of ORS § 459A.718, is a separate offense subject to a separate civil penalty. The commission is not required to provide the dealer, distributor or importer with an opportunity to cure a continuing violation before imposing a civil penalty for the continuing violation.

(3)(a) Notwithstanding subsection (1) of this section, if a distributor violates the provisions of ORS § 459A.732 (2), the commission shall provide the distributor with written notice informing the distributor of the violation and stating that the distributor may avoid civil penalty for the violation by curing the violation within 60 days after issuance of the notice. A distributor may cure the violation by becoming a participant in a distributor cooperative or by providing the services described in ORS § 459A.732 (2). If the distributor fails to cure the violation, the commission shall impose a civil penalty in the amount described in paragraph (b) of this subsection for each day that the violation continues.

(b)(A) For each day after the 60-day period beginning with the issuance of the notice under paragraph (a) of this subsection, the commission shall impose a civil penalty of at least $200 per day.

(B) For each day after the 100-day period beginning with the issuance of the notice under paragraph (a) of this subsection, the commission shall impose a civil penalty of at least $400 per day.

(C) For each day after the 200-day period beginning with the issuance of the notice under paragraph (a) of this subsection, the commission shall impose a civil penalty of at least:

(i) $1,000 per day for a distributor that sold more than 500,000 but fewer than five million beverages in beverage containers in this state during the previous calendar year;

(ii) $1,500 per day for a distributor that sold at least five million but fewer than 10 million beverages in beverage containers in this state during the previous calendar year; or

(iii) $2,500 per day for a distributor that sold 10 million or more beverages in beverage containers in this state during the previous calendar year.

(4) Civil penalties under this section shall be imposed as provided in ORS § 183.745.

(5) 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; 2019 c.366 § 5; 2021 c.351 § 27; 2022 c.80 § 4]