Oregon Advisory Opinions August 20, 1954: OAG 54-56 (August 20, 1954)
Collection: Oregon Attorney General Opinions
Docket: OAG 54-56
Date: Aug. 20, 1954
Advisory Opinion Text
OAG 54-56.
Posting of political placards, distribution of campaign materials, circulation of petitions or performing any service on behalf of a candidate or political ORGAnization is prohibited.
State Representative
Your letter of July 29, 1954, requests our opinion as to the limitations and restrictions which are placed upon licensees of the Oregon Liquor Control Commission by ORS 471.420, which provides:
"No licensee under the Liquor Control Act or any dealer in, manufacturer or distiller of intoxicating liquor shall make any contribution to any candidate for political office or to any political party."
We would also call your attention to the same language in ORS 472.310 (5), the latter being a portion of the so-called liquor-by-the-drink law.
In a previous opinion from this office dated October 11, 1951, the conclusion was reached that "it was the intent of the legislature to restrain and avoid any activity on the licensed premises which would aid or assist in any manner one candidate against another for a political office." The same conclusion must necessarily follow as to activities in which a political party might be involved. We are unable, however, to extend this reasoning to activities on behalf of or in opposition to measures since, as you have pointed out, the prohibition as to measures was removed from the statutes by § 15, chapter 428, Oregon Laws 1935.
Answering the specific questions you have raised concerning activities of licensees, we reach the following conclusions.
1. Nothing in the liquor control Acts (chapters 471, 472 and 473) would prevent a licensee of the liquor commission from becoming a candidate for office.
2. Licensees of the commission may not make any contribution to political parties or to candidates for office, whether such office be partisan or non-partisan. In this connection we adopt and repeat the following language from the opinion of this office dated October 11, 1951 (Opinions of the Attorney General, 1950-1952, p. 278):
"(1) The law does not permit, in our opinion, a licensee of the Oregon liquor control commission to allow a candidate for political office to post political placards in any part of the licensed premises. (2) It follows that it would also prohibit the distribution or circulation on licensed premises of campaign material, circulars or pamphlets advocating the election of a particular candidate for a particular political office. Likewise, (3) it would not permit a licensee to allow such campaign literature to be placed upon the licensed premises * * *. (4) The same would equally hold true with reference to the distribution of matters other than literature or printed matter such as buttons, match folders and the like, advocating the election of a particular candidate for public office. (5) It is needless to repeat that it would also prohibit and make it illegal for a licensee to permit or assist in the circulation of petitions on the licensed premises for the purpose of obtaining signatures to place a particular name of a candidate for office * * * on the election ballot. And, finally, (6) it would prohibit the licensees of the commission from performing any such services on behalf of any candidate or political party or any political ORGAnization on the licensed premises."
You will note that we have omitted a phrase from the prior opinion which refers to controversial measures, since it is our belief and opinion that measures are a proper subject for licensee participation.
3. We further conclude that there is no prohibition against political discussion by licensees.
We should also like to point out that the Act makes no distinctions on the basis of the type of license which may be involved and that the prohibitions apply equally to all licensees whether they be manufacturers, brewers, distillers, wholesalers, package store proprietor or tavern keepers.