Wheeler v. Oregon Liquor Control Commission

Petitioners appeal an order of the Oregon Liquor Control Commission (OLCC) suspending their retail liquor license for permitting a visibly intoxicated person to enter or remain on the premises. (OAR 845-10-065(3).) They make three assignments of error. (1) The commission’s findings of fact do not constitute "permitting” as a matter of law, (2) there is not substantial evidence to support the findings of fact and conclusions of law, and (3) the order is arbitrary in that the applicable regulations are applied in a subjective and ad hoc manner.

The commissioner’s final order reads as follows:

"FIN…