(a) Unlawful drug use or sales are occurring on the licensed premises;
(b) The licensee is aware of the unlawful drug use or sales because of arrests for unlawful drug sales on the licensed premises or seizures of unlawful drugs on the licensed premises, or because the licensee or employees of the licensee have personally witnessed unlawful drug use or sales on the licensed premises; and
(c) The licensee fails to take immediate and effective action to prevent unlawful drug use or sales on the licensed premises.
(2) In addition to any suspension imposed under this section, the commission may impose a civil penalty under the circumstances described in subsection (1) of this section not to exceed the maximum amount established under ORS 471.322 (2). Notwithstanding ORS 471.322 (1), the commission shall not allow payment of a civil penalty under this subsection in lieu of the suspension provided for in subsection (1) of this section. A civil penalty under this section shall be imposed in the manner provided by ORS 183.745.
(3) The commission may cancel a license listed in subsection (4) of this section if the license is suspended under the provisions of this section two or more times within a two-year period.
(4) This section applies only to premises licensed under:
(a) A full on-premises sales license.
(b) A limited on-premises sales license.
(c) A brewery-public house license. [1997 c.815 §2; 1999 c.351 §29]
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