Current through Register Vol. 63, No. 3, March 1, 2024
(1) Filing a
Renewal Application:
(a) Any licensee who
files a completed renewal application with the Commission at least 20 days
before the date the license expires may continue to operate as if the license
were renewed, pending a decision by the Commission;
(b) Any licensee who does not file a
completed renewal application at least 20 days before the existing license
expires must stop selling or serving alcoholic beverages when the license
expires. However:
(A) If the Commission
receives a completed license renewal application less than 20 days before the
date the existing license expires, the Commission will, upon receipt of the
appropriate late renewal fee that ORS
471.311(3)
requires, issue a letter of authority to operate beyond the expiration of the
license, pending a decision by the Commission;
(B) A licensee must not sell or serve
alcoholic beverages after the license expires; a violation of this subsection
is a Category III violation. If the Commission receives a completed license
renewal application within 30 days after the date the existing license expires,
the Commission will, upon receipt of the appropriate late renewal fee that ORS
471.311(3)
requires, issue a letter of authority to resume operation, pending a decision
by the Commission.
(c)
The Commission will not renew a license if the Commission receives the renewal
application more than 30 days after the license expires. A person who wants to
resume selling or serving alcoholic beverages in this circumstance:
(A) Must submit a completed new application,
including the documents and information required by the Commission.
(B) Must not sell or serve alcoholic
beverages unless and until they receive authority to operate from the
Commission after submitting the completed new application.
(d) A person relicensed under section (1)(c)
of this rule who sold or served alcoholic beverages in violation of section
(1)(b)(B) of this rule is subject to administrative sanctions.
(e) A person who sells or serves alcoholic
beverages without a liquor license is in violation of ORS
471.475, a misdemeanor, and is
subject to criminal prosecution.
(f) For purposes of this rule, a completed
application is considered filed or received according to its postmark date, if
legible, or according to the date the Commission actually receives the
completed application, whichever is earlier.
(2) Completed Application: As used in this
rule, a completed application is one that is completely filled out, is signed
by the applicant and includes the appropriate fee(s), the bond or equivalent
that ORS 471.155 requires and the liquor
liability insurance or bond that 471.168 and OAR 845-005-0400
require.
(3) Local government body
recommendation. The Commission requires all applicants seeking renewal of Full
On-Premises Sales, Limited On-Premises Sales, Off-Premises Sales, and
Brewery-Public House licenses to acquire the recommendation of their local
governing body, and pay to the local governing body all fees as established by
ORS 471.166(7) and
(8).
(4) Late Renewal Fee:
(a) ORS
471.311(3)
requires the Commission to charge a late fee for renewal applications received
less than 20 days before the license expires or not more than 30 days after the
license expires. In computing this 20 or 30 day period, the Commission does not
count the day the license expires. For example, a license expires on the 31st.
The 20 day period ends on the 11th unless the 11th is a Saturday, Sunday or
legal holiday. If the 20th or 30th day is a Saturday, Sunday or legal holiday,
the period ends at 5 p.m. on the first working day after the Saturday, Sunday
or legal holiday;
(b) The
Commission may waive the late renewal fee if the licensee fails to file a
timely application due to unforeseen circumstances, such as a death or illness
of the licensee or to a delay in Commission processing of the application
through no fault of the licensee.
Statutory/Other Authority: ORS 471, including 471.030,
471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
471.155,
471.311(3), (4)
& (5), 471.313 & 471.168
