Current through Register Vol. 63, No. 3, March 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
