Current through Register Vol. 63, No. 9, September 1, 2024
(1) A person may
submit an application to the Commission, on a form prescribed by the
Commission, for a marijuana producer, processor, wholesaler, retail, or
laboratory license.
(2) An
application for a license and all documentation required in the application
instructions and any requirements of this rule must be submitted in a manner
specified by the Commission. The application fee specified in OAR
845-025-1060 must also be paid
in a manner specified by the Commission.
(3) An application must include the
following:
(a) The names and other required
information for all individuals and legal entities who are applicants as
described in OAR 845-025-1045.
(b) Any forms required by the Commission and
any information identified in the form that is required to be
submitted;
(c) A map or sketch of
the premises proposed for licensure, including the defined boundaries of the
premises, the location of any primary residence located on the same tax lot as
the licensed premises, and a scaled floor or plot plan sketch of all enclosed
areas with clear identification of walls, all areas of ingress and egress, and
all limited access areas;
(d) An
operating plan in a form prescribed by the Commission that demonstrates at a
minimum, how the applicant's proposed premises and business will comply with
the applicable laws and rules regarding:
(A)
Security;
(B) Employee
qualifications and training;
(C)
Transportation of product;
(D)
Preventing minors from entering the licensed premises; and
(E) Preventing minors from obtaining or
attempting to obtain marijuana items.
(e) For producers:
(A) The proposed production tier and producer
type as described in OAR
845-025-2040.
(B) A report describing the applicant's
electricity and water usage, on a form prescribed by the Commission.
(i) For initial licensure, the report must
describe the estimated electricity and water usage taking into account all
portions of the premises and expected requirements of the operation for the
next twelve months.
(ii) For
renewal, the report must describe the actual electricity and water usage for
the previous year taking into account all portions of the premises.
(C) An attestation that the
applicant has a legal source of water.
(D) If the applicant is not the owner of the
premises proposed to be licensed, a form, prescribed by the Commission, signed
by the owner of the premises that states the owner consents to the production
of marijuana on the premises.
(f) For processors, on a form prescribed by
the Commission, the proposed endorsements as described in OAR
845-025-3210.
(g) For retailers, a certificate of tax
compliance for each applicant, as described in OAR
845-025-1045(3) and
(4). The certificate must have been issued
within 90 calendar days of date the initial application was
submitted.
(4) In
addition to submitting the application form and the items described in section
(3) of this rule, the Commission may require the following to be submitted:
(a) For applicants:
(A) information or fingerprints in order to
perform a criminal background check in accordance with OAR
845-025-1080.
(B) Any forms required by the Commission and
any information identified in the form that is required to be
submitted.
(b) The names
and other required information for all individuals and legal entities with a
financial interest in the business.
(c) For an individual identified as a person
with a financial interest:
(A) Information or
fingerprints for a criminal background check in accordance with OAR
845-025-1080; and
(B) Any forms required by the Commission and
any information identified in the form that is required to be
submitted.
(d) For a
legal entity that is identified as having a financial interest:
(A) Information or fingerprints for any
individual within the legal entity for a criminal background check in
accordance with OAR 845-025-1080; and
(B) Any forms required by the Commission and
any information identified in the form that is required to be
submitted.
(e) Proof of
the right to occupy the premises proposed for licensure.
(f) For producers:
(A) A designation of the proposed canopy area
within the licensed premises.
(B)
Proof that the applicant has a legal source of water as evidenced by:
(i) A copy of a water right permit,
certificate, or other water use authorization from the Oregon Water Resources
Department;
(ii) A statement that
water is supplied from a public or private water provider, along with the name
and contact information of the water provider; or
(iii) Proof from the Oregon Water Resources
Department that the water to be used for production is from a source that does
not require a water right.
(g) Any additional information if there is a
reason to believe that the information is needed to determine the merits of the
license application.
(5)
The Commission must review an application to determine if it is complete. An
application may be considered incomplete if an application form is not
complete, the full application and license fee has not been paid, or some or
all of the additional information required under these rules is not
submitted.
(6) An application will
be considered incomplete if all certificates of tax compliance are not
submitted with the application as described in section (3)(g) of this
rule.
(7) An applicant may submit a
written request for reconsideration of a decision that an application is
incomplete. Such a request must be received by the Commission within ten days
of the date the incomplete notice was sent to the applicant. The Commission
shall give the applicants the opportunity to be heard if an application is
rejected. A hearing under this subsection is not subject to the requirements
for contested case proceedings under ORS
183.310 to
183.550.
Statutory/Other Authority: ORS
475C.017 & ORS
475C.033
Statutes/Other Implemented: ORS
475C.033,
475C.037,
475C.049,
475C.065,
475C.085,
475C.093,
475C.097 &
475C.548
