Current through Register Vol. 63, No. 9, September 1, 2024
(1) An applicant
for issuance of an annual license under ORS chapter 471 must submit to the
Commission all materials, forms, documents, information, and fees required by
the Commission in a manner that are complete, accurate, legible, timely, and
correct.
(2) In order to accept an
application for issuance of an annual license, an applicant must submit to the
Commission at a minimum the edition of the Liquor License Application form
posted on the Commission's website that has been completed and includes from
the local government as described in OAR
845-005-0304 either:
(a) The local government's written
recommendation;
(b) Documentation
from the local government that it received the written notice provided from the
applicant pursuant to OAR
845-005-0304 and the date of
receiving that notice; or
(c)
Documentation from the local government that the applicant is not required to
submit a notice to the local government.
(3) A licensee requesting approval of a
change as required by Commission rules must submit to the Commission a written
and dated request and include all materials, forms, documents, information, and
fees required by the Commission for that request and submit them in a manner
that are complete, accurate, legible, timely, and correct.
(4) Upon the Commission's receipt of
materials submitted pursuant to sections (1), (2), and (3), the Commission will
decide if the materials contains all required forms, documents, information, or
fees in a manner that are complete, accurate, legible, timely, and correct.
(a) The Commission may accept the submitted
materials if they contain all required forms, documents, information, or fees
in a manner that are complete, accurate, legible, timely, and correct may be
accepted; or
(b) The Commission
will be unable to accept the submitted materials if they don't contain all
required forms, documents, information, or fees in a manner that are complete,
accurate, legible, timely, and correct. The Commission's inability to accept an
application or request is not subject to the requirements of ORS chapter
183.
(5) After accepting
the submitted materials, the Commission may:
(a) Require additional forms, documents,
information, or fees from an applicant, licensee, or other persons where there
is reason to believe that the forms, documents, information, or fees are
required by law or rule or may help the Commission determine the merits of an
application or request or to otherwise perform its statutory duties;
(b) Inactivate an application form or request
when the Commission determines the applicant or licensee fails to provide to
the Commission all required materials, forms, documents, information, or fees
in a manner that are complete, accurate, legible, and correct within 10
calendar days of the Commission's notice to the applicant or licensee. Despite
the requirement, the Commission may grant an applicant or licensee additional
time based on the merits of the case. The Commission shall give applicants the
opportunity to request a review if the Commission inactivates an application or
request. A review under this subsection is not subject to the requirements for
contested case proceedings of ORS chapter 183; or
(c) Grant, refuse, or restrict the license or
request.
(6) Examples of
materials, forms, documents, information, and fees the Commission may require
include but are not limited to:
(a)
Individual History form from all individuals who are an applicant or licensee
as per Commission rules. The Commission may waive this requirement when it
determines it does not need the materials to perform its statutory duties.
Examples of this waiver include but are not limited to:
(A) When an applicant is an entity, for all
individuals within the entity who are an applicant per Commission rules when
the applicant entity provides proof to the Commission that it is listed on an
exchange registered with the U.S. Securities and Exchange Commission;
or
(B) When the Commission
determines that an individual has provided written documentation to the
Commission showing that control of the day-to-day operation of the business has
been relinquished through a written management agreement, or similar written
agreement, by the individual to one or more parties who are an applicant or
licensee for the same license at the same premises. Relinquishing control over
the day-to-day operation of the business includes not managing or controlling
the sale or service of alcohol or directly supervising any person who sells or
serves alcohol.
(b) An
entity questionnaire from all entity applicants. The Commission may waive this
requirement when it determines it does not need the form to perform its
statutory duties.
(c) Documents
necessary to define the licensed premises and, if relevant, assign minor
postings.
(d) License fees as
required by ORS 471.311.
(e) Proof of liquor liability insurance or
bond as required by ORS
471.168 or Commission
rules.
(f) The bond or equivalent
as required by ORS chapters 471 and 473.
(7) When the Commission inactivates an
application form or request under this rule:
(a) Any person wanting a license or approval
at the same address as the inactivated application or request must resubmit the
application materials required by this rule; and
(b) Any authority issued by the Commission to
the applicant based on the application form or request is no longer
valid.
(8) An applicant
or licensee may submit a written request to the Commission to withdraw an
application form or request. Upon the Commission's acceptance of the request,
any authority issued by the Commission to the applicant or licensee based on
the application or request is no longer valid.
Forms referenced are available from the
agency.
Statutory/Other Authority: ORS
471.030,
471.040 &
471.730 (1) &
(5)
Statutes/Other Implemented: ORS
471.311
