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WHEELER v. OREGON LIQUOR CONTROL COMMISSION

559 P.2d 1328 (1977)

28 Or.App. 455

Peggy Lou WHEELER et al., Petitioners, v. OREGON LIQUOR CONTROL COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided February 8, 1977.

Attorney(s) appearing for the Case

Donald P. Roach, Portland, argued the cause for petitioners. With him on the brief was W.F. Whitely, Portland.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

RICHARDSON, Judge.

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

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