Current through Register Vol. 63, No. 3, March 1, 2024
(1) An applicant,
licensee, or laboratory licensee must notify the Commission in writing within
10 calendar days of any of the following:
(a)
A change in any contact information for anyone listed in an application or
subsequently identified as an applicant;
(b) A disciplinary proceeding or licensing
enforcement action by another governmental entity that may affect the
business;
(c) The temporary closure
of the business for longer than 30 days; or
(d) The permanent closure of the
business.
(2) An
applicant, licensee, or laboratory licensee must notify the Commission in a
manner prescribed by the Commission within 72 hours of an arrest, a citation
issued in lieu of arrest, or a conviction for any misdemeanor or felony of an
individual listed in an application or subsequently identified as an applicant,
or licensee.
(a) Failure to notify the
Commission of a conviction within the prescribed timeframe is a Category II
violation.
(b) Failure to notify
the Commission of an arrest or a citation in lieu of arrest within the
prescribed timeframe is a Category III violation. An arrest or citation in lieu
of arrest in itself is not a basis for compliance or licensing action but the
Commission may investigate the conduct underlying the arrest.
(3) A licensee or laboratory
licensee must notify the Commission in a manner prescribed by the Commission as
soon as reasonably practical and in no case more than 24 hours from the theft
of marijuana items or money from the licensed premises.
(4) Changes in Business Structure.
(a) A licensee or laboratory licensee that
changes its ownership structure by adding an individual or legal entity who
will meet the qualifications of an applicant as described in OAR 845-025-1045
or by removing an individual or legal entity that is a licensee or laboratory
licensee must, prior to making the change, submit:
(A) A form prescribed by the Commission;
and
(B) Any information identified
in the form to be submitted to the Commission.
(b) The Commission must review the form and
other information submitted under subsection (4)(a) of this rule.
(c) If the Commission determines that the
addition of an individual or legal entity who meets the qualifications of an
applicant as described in OAR 845-025-1045 would result in an initial or
renewal application denial under OAR 845-025-1115, or serve as the basis of a
license suspension or revocation, the licensee may remove that individual or
legal entity from the business. If the licensee does not remove that individual
or legal entity from the business, the Commission shall propose license
suspension or revocation under OAR 845-025-1115.
(d) Notwithstanding subsection (4)(a) of this
rule, a licensee or laboratory licensee does not need to notify the Commission
prior to the following changes occurring, but must notify the Commission within
60 calendar days of the following change occurring:
(A) A shareholder of a publicly traded
corporation acquiring or accumulating twenty percent or more of the voting
stock.
(B) A publicly traded
corporation adding or removing Principal Officers.
(5) Change of Ownership. A new
application must be submitted in accordance with OAR 845-025-1030 if:
(a) A business proposes to add or replace a
licensee of record; or
(b) A
business proposes a change in its ownership structure that is 51 percent or
greater. For the purposes of this rule, a change is considered to be 51 percent
or greater if natural persons who did not hold a direct or indirect interest in
the business at the start of the license year will collectively hold a direct
or indirect interest of 51 percent or greater.
(6) Change of Location.
(a) A licensee or laboratory licensee who
wishes to change the location of the licensed premises must submit a completed
application for the new premises including all required forms and documents and
the fee specified in OAR 845-025-1060, but does not need to submit information
and fingerprints required for a criminal background check if there are no
changes to the individuals listed on the initial application.
(b) If a licensee or laboratory licensee
loses access to the licensed premises, the Commission may allow the licensee or
laboratory licensee to change location if:
(A)
The licensee or laboratory licensee submits written notice, in a form and
manner prescribed by the Commission, at least 15 days in advance of losing
access;
(B) The licensee or
laboratory licensee removes all marijuana items from the licensed premises in
compliance with ORS Chapter 475C and these rules prior to losing
access;
(C) The licensee or
laboratory licensee is not under investigation for suspected violations of any
provision of ORS Chapter 475C or these rules and does not have pending
administrative violations;
(D) The
licensee or laboratory licensee supplies documentation showing legal access to
a new proposed location within 30 days of losing access to the licensed
premises; and
(E) The licensee or
laboratory licensee submits a Land Use Compatibility Statement for the new
proposed location from the city or county that authorizes land use where the
new location is located and the use is not prohibited.
(c) The Commission must approve any change of
location prior to licensee or laboratory licensee beginning business operations
in the new location.
(7)
Addition or Change of Trade Name.
(a) A
licensee or laboratory licensee must notify and receive approval from the
Commission on a form prescribed by the Commission prior to any changes or
additions to the business trade name.
(b) The Commission may deny any addition or
change to a business trade name.
Statutory/Other Authority: ORS
475C.017
Statutes/Other Implemented: ORS
475C.037 &
475C.045