Or. Admin. Code § 845-025-2840

Current through Register Vol. 64, No. 1, January 1, 2025

Section 845-025-2840 - Retailer Premises

(1) The licensed premises of a retailer:

(a) May not be located in an area that is zoned exclusively for residential use.

(b) Notwithstanding ORS 475C.097(2)(d), may be located within 1,000 feet of a school or building described in ORS 475C.097(2)(d) if the criteria in ORS 475C.101 are met.

(c) Must be enclosed on all sides by permanent walls and doors.

(2) A retailer must post in a prominent place signs that read:

(a) "No Minors Permitted Anywhere on the Premises";

(b) "No On-Site Consumption"; and

(c) "Security Cameras in Use."

(d) Exit from the licensed premises that reads: "Marijuana or Marijuana Infused Products May Not Be Consumed in Public."

(3) Consumer sales area.

(a) A retailer must designate any portion of the licensed premises where consumers are permitted as a consumer sales area.

(b) The consumer sales area shall include the portion of the premises where marijuana items are displayed for sale or sold and may include other contiguous areas such as a lobby. The consumer sales area is the sole area of the licensed premises where consumers are permitted except as otherwise allowed by these rules.

(c) A retailer that does not allow the general public to enter the licensed premises is not required to designate a consumer sales area.

(4) All inventory must be stored on the licensed premises.

(5) For purposes of determining the distance between a retailer and a school or building as defined in ORS 475C.097(2)(d) and referenced in subsection (1)(b) of this rule, "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising a school or building to the closest point of the licensed premises of a retailer. If any portion of the licensed premises is within 1,000 feet of a school or building as described subsection (1)(b) of this rule an applicant will not be licensed.

(6) Violations.

(a) A violation of section (2) or (3) of this rule is a Category III violation.

(b) A violation of section (4) of this rule is a Category I violation.

Or. Admin. Code § 845-025-2840

OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16; OLCC 6-2016, f. 6-28-16, cert. ef. 6/29/2016; OLCC 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16; OLCC 22-2016, f. 12-22-16, cert. ef. 12/27/2016; OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017; OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018; OLCC 96-2022, minor correction filed 03/24/2022, effective 3/24/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023; OLCC 12-2024, amend filed 12/20/2024, effective 1/1/2025

Statutory/Other Authority: ORS 475C.017 & ORS 475C.097

Statutes/Other Implemented: ORS 475C.097, 475C.101 & 475C.205