Or. Admin. Code § 845-005-0320

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

Section 845-005-0320 - License Refusal Reasons that Can Not Be Overcome

The following criteria will preclude issuing or renewing a license. Intervening circumstances do not apply to these criteria.

(1) The applicant has or would have an interest in another liquor business that ORS 471.313(1)(c), 471.394, or 471.396 prohibits and no exception applies.

(2) The applicant seeks a license that requires food service and is unable to show in writing that the applicant will comply with the food service requirements set by the rules of the Commission for that license.

(3) The applicant seeks a Full On-Premises Sales license as an "other public location" as allowed by ORS 471.175(2)(d) and will not allow public access to its premises.

(4) The applicant is a retail sales agent of the Commission. Despite this requirement, a retail sales agent may obtain a license as allowed by Commission rules.

(5) The applicant fails to successfully complete an approved Alcohol Server Education Course as ORS 471.542 and the Commission rules require.

(6) The applicant has not paid an outstanding fine to the Commission.

(7) The applicant who is subject to the bonding requirements of ORS 471.155(1) has failed to post a tax bond or the equivalent as required.

(8) The applicant who is subject to the liquor liability insurance requirements of OAR 845-005-0400 has failed to obtain or maintain liquor liability insurance or bond as required.

(9) The applicant for an initial license has not completed Commission-given law orientation or been granted a waiver by the Commission

(10) An applicant or licensee has failed to define the boundaries of the licensed premises as required by ORS 471.159(1).

(11) An applicant or licensee holds a full on-premises, caterer license issued under ORS 471.175(2)(e) and serves, or will serve, alcoholic beverages for consumption on the annually licensed premises.

Or. Admin. Code § 845-005-0320

OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01; OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02; OLCC 12-2008, f. 10-13-08, cert. ef. 11-1-08; OLCC 6-2009, f. 6-22-09, cert. ef. 7-1-09; OLCC 203-2022, amend filed 12/19/2022, effective 2/1/2023; OLCC 8-2023, amend filed 12/18/2023, effective 1/2/2024

Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5)

Statutes/Other Implemented: ORS 471.168 & 471.313