Or. Admin. Code § 845-005-0312

Current through Register Vol. 63, No. 12, December 1, 2024

Section 845-005-0312 - Application for Issuance of an Annual License or Request for Change to License

(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.

Or. Admin. Code § 845-005-0312

OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01; OLCC 16-2004, f. 12-22-04, cert. ef. 1-1-05; OLCC 203-2022, amend filed 12/19/2022, effective 2/1/2023; OLCC 8-2023, amend filed 12/18/2023, effective 1/2/2024

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