OAR Chapter 845 — Oregon Liquor and Cannabis Commission

Division 1 PROCEDURAL RULES

Or. Admin. R. 845-001-0005 Notice of Rulemaking

Prior to adoption, amendment or repeal of any permanent rule, the Commission shall give notice of the intended action:

(1) In the Secretary of State's bulletin referred to in ORS 183.360 at least 21 days prior to the effective date. If a hearing is scheduled after the original notice, the subsequent notice must appear in the bulletin at least 14 days before the date of the hearing;

(2) By mailing or e-mailing a copy of the notice to persons on the mailing list established pursuant to ORS 183.335 (8) at least 28 days prior to the effective date. If a hearing is scheduled after the original notice, the subsequent notice must be mailed or e-mailed at least 21 days before the date of the hearing;

(3) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and

(4) By mailing, e-mailing, or furnishing a copy of the notice to:

(a) The Associated Press; and

(b) Associations or organizations having an interest in the rule matter.

History

Statutory/Other Authority: ORS 183.341, 471.030, 471.730(1) & (5)
Statutes/Other Implemented: ORS 183.335 & 183.341
OLCC 8-2009, f. 7-13-09, cert. ef. 8-1-09
OLCC 10-2004, f. 10-15-04 cert. ef. 11-1-04
OLCC 6-1994, f. & cert. ef. 11-22-94
LCC 19-1980, f. 6-4-80, ef. 6-5-80

Or. Admin. R. 845-001-0007 Attorney General’s Model Rules of Procedure

(1) The Oregon Attorney General’s "Administrative Law Manual and Uniform and Model Rules of Procedure Under the Administrative Procedures Act", are hereby adopted by reference as permanent rules for rulemaking procedure. The Attorney General’s “Model Rules for Rulemaking” are set forth in OAR 137-001-0005 to 137-001-0100.

(2) The Commission’s administrative rules for contested case proceedings, miscellaneous proceedings, and orders in other than contested cases are set forth in Division 003 of this chapter.

[ED. NOTE: The full text of the Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure is available from the office of the Attorney General or the Liquor and Cannabis Commission.]

History

Statutory/Other Authority: ORS 471.030, 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 183.341(1)
OLCC 1-2026, amend filed 02/19/2026, effective 02/19/2026
OLCC 9-2021, minor correction filed 08/02/2021, effective 08/02/2021
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
OLCC 5-2012, f. 5-14-12, cert. ef. 6-1-12
OLCC 5-2008, f. 3-25-08, cert. ef. 4-1-08
OLCC 4-2007, f. 3-22-07, cert. ef. 4-1-07
OLCC 10-2004, f. 10-15-04 cert. ef. 11-1-04
OLCC 8-2001, f. 8-15-01, cert. ef. 9-1-01
OLCC 3-1999, f. 2-16-99, cert. ef. 3-1-99
OLCC 9-1995, f. 12-4-95, cert. ef. 1-1-96
OLCC 1-1994, f. & cert. ef. 5-2-94
OLCC 9-1992, f. 10-7-92, cert. ef. 12-1-92
OLCC 4-1989, f. 4-28-89, cert. ef. 7-1-89
LCC 10-1986, f. 6-4-86, ef. 7-1-86

Or. Admin. R. 845-001-0008 Confidentiality and Inadmissibility of Mediation Communications

Pursuant to ORS 36.224, OAR 137-005-0052 is hereby adopted by reference as the permanent rule for mediation confidentiality.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
OLCC 4-2021, amend filed 06/17/2021, effective 06/18/2021
OLCC 1-2005, f. 4-21-05, cert. ef. 5-1-05
OLCC 8-2001, f. 8-15-01, cert. ef. 9-1-01

Or. Admin. R. 845-001-0009 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

(1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials. This rule does not apply to disputes involving the negotiation of labor contracts or matters about which a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed.

(2) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(3) Nothing in this rule affects any confidentiality created by other law.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Disclosures by Mediator: A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) or (h)–(j) of section (7) of this rule.

(6) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in section (7) of this rule, mediation communications in mediations involving workplace interpersonal disputes are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced into evidence by the parties or the mediator in any subsequent proceeding so long as:

(a) The parties to the mediation and the agency have agreed in writing to the confidentiality of the mediation, and;

(b) The person agreeing to the confidentiality of the mediation on behalf of the agency:

(A) Is neither a party to the dispute nor the mediator; and

(B) Is designated by the agency to authorize confidentiality for the mediation; and

(C) Is at the same or higher level in the agency than any of the parties to the mediation or who is person with responsibility for human resources or personnel matters in the agency, unless the agency head or member of the governing board is one of the persons involved in the interpersonal dispute, in which case the Governor or the Governor’s designee.

(7) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents, and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(e) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all parties agree.

(f) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(g) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter.

(h) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(i) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(j) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(8) The terms of any agreement arising out of the mediation of a workplace interpersonal dispute are confidential so long as the parties and the agency so agree in writing. Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the agency, may not be made confidential.

(9) When a mediation is subject to section (6) of this rule, the agency will provide to all parties to the mediation and to the mediator a copy of this rule or an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.230(4)
OLCC 8-2001, f. 8-15-01, cert. ef. 9-1-01

Division 2 CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION

Or. Admin. R. 845-002-0200 Statement of Purpose and Statutory Authority

(1) Purpose. These rules control the Commission’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is fit to provide services to the Commission as an employee, volunteer, contractor or vendor in a position covered by OAR 845-002-0220. The fact that the Commission approves a subject individual as fit does not guarantee the individual a position as a Commission employee, volunteer, contractor or vendor.

(2) Authority. These rules are authorized under ORS 181.534, and 471.030, 471.040, 471.695 and 471.730.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0210 Definitions

As used in OAR chapter 845, division 002, unless the context of the rule requires otherwise, the following definitions apply:

(1) "Approved" means that, pursuant to a preliminary fitness determination under OAR 845-002-0240 or a final fitness determination under 845-002-0260, an authorized designee has determined that the subject individual is fit to be an employee, volunteer, contractor or vendor in a position covered by 845-002-0220.

(2) "Authorized Designee" means a Commission employee authorized to obtain and review criminal offender information and other criminal records information about a subject individual through criminal records checks and other means, and to conduct a fitness determination in accordance with these rules.

(3) “Commission”, “The Commission” or “OLCC” means the Oregon Liquor and Cannabis Commission or any subdivision thereof.

(4) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(5) “Criminal Offender Information” includes records and related data as to physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police Bureau of Criminal Identification for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release.

(6) "Criminal Records Check" or "CRC" means one of three processes undertaken to check the criminal history of a subject individual:

(a) A check of criminal offender information and motor vehicle registration and driving records conducted through the Law Enforcement Data System (LEDS) maintained by the Oregon Department of State Police, in accordance with the rules adopted and procedures established by the Oregon Department of State Police (LEDS Criminal Records Check);

(b) A check of Oregon criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police at the Commission’s request (Oregon Criminal Records Check); or

(c) A nationwide check of federal criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the Commission’s request (Nationwide Criminal Records Check).

(7) "Criminal Records Check and Fitness Determination Rules" or "These Rules" means OAR chapter 845, division 002.

(8) "Denied" means that, pursuant to a preliminary fitness determination under OAR 845-002-0240 or a final fitness determination under 845-002-0260, an authorized designee has determined that the subject individual is not fit to be an employee, volunteer, contractor or vendor in a position covered by 845-002-0220.

(9) "False Statement" means that, in association with an activity governed by these rules, a subject individual either provided the Commission with materially false information about his or her criminal history, such as materially false information about his or her identity or conviction record, or failed to provide to the Commission information material to determining his or her criminal history.

(10) "Fitness Determination" means a determination made by an authorized designee pursuant to the process established in OAR 845-002-0240 (preliminary fitness determination) or 845-002-0260 (final fitness determination) that a subject individual is or is not fit to be a Commission employee, volunteer, contractor or vendor in a position covered by 845-002-0220.

(11) "Other Criminal Records Information" means any information, in addition to criminal offender information, sought or obtained by the Commission about a subject individual relevant to determining the individual’s criminal history.

(12) “Potentially Disqualifying Crimes” means a crime listed or described in OAR 845-002-0270.

(13) "Related" means that an individual has a relationship with another person described by one of the following labels: spouse, domestic partner, natural parent, foster parent, adoptive parent, stepparent, child, foster child, adopted child, stepchild, sibling, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first cousin.

(14) “Subject Individual” means an individual identified in OAR 845-002-0220 as someone whom the Commission may require fingerprints for the purpose of conducting a criminal records check.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2021, minor correction filed 08/02/2021, effective 08/02/2021
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0220 Subject Individual

(1) “Subject Individual” means a person from whom the Commission may require fingerprints for the purpose of conducting a criminal records check because the person:

(a) Is employed by or applying for employment with the Commission; or

(b) Provides services or seeks to provide services to the Commission as a volunteer, contractor, or vendor; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person works in the licensing or enforcement divisions; or

(b) In which the person has access to criminal background information.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0230 Criminal Records Check Process

(1) Disclosure of Information by Subject Individual.

(a) Preliminary to a criminal records check, a subject individual shall complete and sign the OLCC Criminal Records Request form and, if requested by the Commission, a fingerprint card. Both forms ask for identifying information, e.g., name, birth date, Social Security Number, physical characteristics, marital status, driver’s license or identification card number, and current address. The OLCC Criminal Records Request form also asks for information about prior residences and for details concerning circumstances listed in OAR 845-002-0240(3)(a)–(f).

(b) A subject individual shall complete and submit to the Commission the OLCC Criminal Records Request form and, if requested, a fingerprint card within three business days of receiving the forms. An authorized designee may extend the deadline for good cause.

(c) The Commission shall receive a fingerprint card from a subject individual under the age of 18 years only if the subject individual also submits the written consent of a parent or guardian.

(d) Within a reasonable period of time as established by an authorized designee, a subject individual shall disclose additional information as requested by the Commission in order to resolve an issue hindering the completion of a criminal records check, e.g., providing additional proof of identity.

(2) When a Criminal Records Check is Conducted. An authorized designee may conduct, or request that the Oregon Department of State Police conduct, a criminal records check when:

(a) An individual meets the definition of “subject individual”, but has not been approved under these rules, unless the individual was a Commission employee serving in his or her current position prior to the effective date of these rules and that position does not involve authorized designee responsibilities;

(b) an individual employed by the Commission meets the definition of “subject individual” because he or she is either moving to or applying for a position that meets the criteria of OAR 845-002-0220(2)(a)–(b), if:

(A) The Commission has not conducted a fitness determination on the subject individual within the previous three years;

(B) The subject individual had been previously approved under OAR 845-002-0260(3)(b); or

(C) An authorized designee determines that the new position requires greater responsibility for functions covered by OAR 845-002-0220(2)(a)–(b) than the subject individual’s prior position;

(c) An authorized designee has reason to believe that a subject individual committed a crime listed or described in OAR 845-002-0270 and either a fitness determination has not yet been done on the subject individual or the crime had not been identified in a prior fitness determination;

(d) An authorized designee has reason to believe that a factor relevant to a fitness determination listed in OAR 845-002-0260(2), not previously identified in a fitness determination, applies to a subject individual who had been previously approved under 845-002-0260(3)(b); or

(e) As required by federal law or regulation, by state law or administrative rule, or by contract or written agreement with the Commission.

(3) Which Criminal Records Check(s) Is Conducted. When an authorized designee determines under subsection (2) of this rule that a criminal record check is needed, the authorized designee shall proceed as follows:

(a) LEDS Criminal Records Check. The authorized designee shall conduct a LEDS criminal records check as part of any fitness determination conducted in regard to a subject individual.

(b) Oregon Criminal Records Check. The authorized designee shall request that the Oregon Department of State Police conduct an Oregon criminal records check as part of any fitness determination conducted in regard to a subject individual.

(c) Nationwide Criminal Records Check. The authorized designee shall request that the Oregon Department of State Police conduct a nationwide criminal records check as part of any fitness determination conducted in regard to a subject individual.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0240 Preliminary Fitness Determination

(1) An authorized designee may conduct a preliminary fitness determination if the Commission is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.

(2) An authorized designee shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 845-002-0230(1) and a LEDS criminal records check.

(3) The authorized designee shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe that the subject individual has made a false statement and the information available to the authorized designee does not disclose that the subject individual:

(a) Has been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed or described under OAR 845-002-0270;

(b) Within the last five years, has been arrested for or charged with a crime listed or described under OAR 845-002-0270;

(d) Is currently on probation, parole, or another form of post-prison supervision for a crime listed or described under OAR 845-002-0270;

(e) Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed or described under OAR 845-002-0270; or

(f) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed or described under OAR 845-002-0270.

(4) If the information available to the authorized designee discloses one or more of the circumstances identified in section (3), the authorized designee may nonetheless approve a subject individual as fit on a preliminary basis if the authorized designee concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose a risk of harm to the Commission, its client entities, the State, or members of the public.

(5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, an authorized designee thereafter shall conduct a fitness determination under OAR 845-002-0260.

(6) A subject individual may not appeal a preliminary fitness determination, under the process provided under OAR 845-002-0300 or otherwise.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0250 Hiring or Appointing on a Preliminary Basis

(1) The Commission may hire or appoint a subject individual on a preliminary basis if an authorized designee has approved the subject individual on the basis of a preliminary fitness determination under OAR 845-002-0240.

(2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the Commission.

(3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service and, if removed from trial service prior to completion of a final fitness determination under OAR 845-002-0260, may not appeal the trial service removal under the process provided under OAR 845-002-0300.

(4) If a subject individual hired or appointed on a preliminary basis is denied upon completion of a final fitness determination, as provided under OAR 845-002-0260(3)(d), then the Commission shall immediately terminate the subject individual’s employment or appointment.

(5) A subject individual whose employment or appointment is terminated under subsection (4) of this rule may avail himself or herself of the appeal process provided under OAR 845-002-0300.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0260 Final Fitness Determination

(1) An authorized designee shall make a fitness determination about a subject individual based on information provided by the subject individual under OAR 845-002-0230(1), the criminal records check(s) conducted, if any, and any false statements made by the subject individual.

(2) In making a fitness determination about a subject individual, an authorized designee shall consider the factors in subsections (a)–(f) in relation to information provided by the subject individual under OAR 845-002-0230(1), and LEDS report or criminal offender information obtained through a criminal records check, and any false statement made by the subject individual. To assist in considering these factors, the authorized designee may obtain other criminal records information from the subject individual or any other source, including law enforcement agencies or courts within or outside of Oregon. To acquire other criminal offender information from the subject individual, an authorized designee may request to meet with the subject individual, to receive written materials from him or her, or both. The authorized designee will use all collected information in considering:

(a) Whether the subject individual has been convicted of, found guilty except for insanity (or a comparable disposition) of, or has a pending indictment for a crime listed or described under OAR 845-002-0270;

(b) The nature of any crime identified under subsection (a);

(d) The facts that indicate the subject individual made a false statement;

(e) The relevance, if any, of a crime identified under subsection (a) or of a false statement made by the subject individual to the specific requirements of the subject individual’s present or proposed position, services, or employment; and

(f) The following intervening circumstances, to the extent that they are relevant to the responsibilities and circumstances of the services or employment for which the fitness determination is being made:

(A) The passage of time since the commission or alleged commission of a crime identified under subsection (a);

(B) The age of the subject individual at the time of the commission or alleged commission of a crime identified under subsection (a);

(D) The subsequent commission of another crime listed or described under OAR 845-002-0270;

(E) Whether a conviction identified under subsection (a) has been set aside or pardoned, and the legal effect of setting aside the conviction or of a pardon;

(F) A recommendation of an employer;

(G) The disposition of a pending indictment identified under subsection (a);

(H) Whether the subject individual has been arrested for or charged with a crime listed or described under OAR 845-002-0270 within the last five years;

(I) Whether the subject individual is being investigated, or has an outstanding warrant, for a crime listed or described under OAR 845-002-0270;

(J) Whether the subject individual is currently on probation, parole or another form of post-prison supervision for a crime listed or described under OAR 845-002-0270;

(K) Whether the subject individual has a deferred sentence or a conditional discharge or is participating in a diversion program in connection with a crime listed or described under OAR 845-002-0270;

(L) Whether the subject individual has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed or described under OAR 845-002-0270 if committed by an adult;

(M) Periods of incarceration of the subject individual;

(N) whether the subject individual has a history of drug or alcohol abuse which relates to his or her criminal activity and the subject individual’s history of treatment or rehabilitation for such abuse; and

(O) the education and work history (paid or volunteer) of the subject individual since the commission or alleged commission of a crime.

(3) Possible Outcomes of a Final Fitness Determination:

(a) Automatic Approval. An authorized designee shall approve a subject individual if the information described in sections (1) and (2) shows:

(A) No credible evidence that the subject individual has been convicted of, or found guilty except for insanity (or comparable disposition) of a crime listed or described under OAR 845-002-0270;

(B) No credible evidence that the subject individual has a pending indictment for a crime listed or described under OAR 845-002-0270;

(D) No discrepancies between the criminal offender information, other criminal records information and information obtained from the subject individual.

(b) Evaluative Approval. If a fitness determination under this rule shows credible evidence of any of the factors identified in paragraphs (3)(a)(A)–(D) of this rule, an authorized designee may approve the subject individual only if, in evaluating the information described in sections (1) and (2), the authorized designee determines that the subject individual acting in the position for which the fitness determination is being conducted would not pose a risk of harm to the Commission, its client entities, the State, or members of the public.

(A) If an authorized designee approves a subject individual under subsection (3)(b) of this rule, the authorized designee may restrict the approval to specific activities or locations.

(B) An authorized designee shall complete a new criminal records check and fitness determination on the subject individual prior to removing a restriction.

(d) Denial.

(A) If a fitness determination under this rule shows credible evidence of any of the factors identified in paragraphs (3)(a)(A)–(D) of this rule and, after evaluating the information described in sections (1) and (2) of this rule, an authorized designee concludes that the subject individual acting in the position for which the fitness determination is being conducted would pose a risk of harm to the Commission, its client entities, the State, or members of the public, the authorized designee shall deny the subject individual as not fit for the position.

(B) Refusal to Consent. If a subject individual refuses to submit or consent to a criminal records check including fingerprint identification, the authorized designee shall deny the subject individual as not fit without further assessment under the fitness determination process.

(C) If a subject individual is denied as not fit, then the subject individual may not be employed by or provide services as a volunteer, contractor or vendor to the Commission in a position covered by OAR 845-002-0220(2).

(4) Final Order. A completed final fitness determination becomes a final order of the Commission unless the affected subject individual appeals by requesting either a contested case hearing as provided by OAR 845-002-0300(2)(a) or an alternative appeals process as provided by 845-002-0300(6).

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0270 Potentially Disqualifying Crimes

(1) FELONIES AND MISDEMEANORS. A conviction of any of the following crimes is potentially disqualifying. The lists include offenses that are crimes and are not intended to include offenses that are classified as violations (See ORS 161.505 through 161.565). No crimes are considered automatically disqualifying under these rules.

(a) Any federal crime.

(b) Any U.S. military crime.

(d) Crimes Outside Oregon. Any felony or misdemeanor in a jurisdiction outside Oregon (including crimes outside the United States) that is the substantial equivalent of any Oregon crime, or that is serious and indicates behavior that poses a threat or jeopardizes the safety of the Commission, its client entities, the State, or members of the public as determined by the authorized designee.

(e) Inchoate crimes. Any inchoate crime or attempt, solicitation or conspiracy to commit a crime listed or described in this section pursuant to ORS 161.405, 161.435, or 161.450, including any crime based on criminal liability for conduct of another pursuant to ORS 161.155. If the crime occurred outside Oregon, similar inchoate crimes from local jurisdictions shall be considered by the authorized designee.

(f) Repealed crimes. Any offense that no longer constitutes a crime under Oregon law or the law of another jurisdiction, but is the substantial equivalent of any of the crimes listed or described in this section (section (1)) as determined by the authorized designee.

(2) Evaluation Based on Oregon Laws. An authorized designee shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination.

(3) Expunged Juvenile Record. Under no circumstances shall a subject individual be denied under these rules because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 through 419A.262.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0280 Incomplete Fitness Determination

(1) The Commission will close a preliminary or final fitness determination as incomplete when:

(a) Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 845-002-0220;

(b) The subject individual does not provide materials or information under OAR 845-002-0230(1) within the timeframes established under that rule;

(d) The subject individual fails or refuses to cooperate with an authorized designee’s attempts to acquire other criminal records information under OAR 845-002-0260(2); or

(e) The Commission determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor or volunteer) for a reason unrelated to the fitness determination process.

(2) A subject individual does not have a right to a contested case hearing under OAR 845-002-0300 to challenge the closing of an incomplete fitness determination.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0290 Notice to Subject Individual of Fitness Determination

(1) An authorized designee shall provide, in a format approved by the Commission, written notice to a subject individual upon completion of a preliminary or final fitness determination, or upon the closing of a fitness determination due to incompleteness.

(a) The authorized designee shall record on the notice the date on which the fitness determination was either closed as incomplete or completed.

(b) If the notice pertains to a completed final fitness determination, it shall be accompanied by a separate notice addressing the subject individual’s right to request a contested case hearing to appeal the Commission’s determination and containing the information required by OAR 137-003-0505.

(2) An authorized designee shall provide for hand delivery or first class mail delivery of the notice as soon as possible after completion or closure of a fitness determination, but in no case later than 14 calendar days after the date of completion or closure, to the address provided by the subject individual on the OLCC Criminal Records Request form, or to an updated address as provided in writing by the subject individual. If the separate notice regarding hearing rights is included pursuant to subsection (1)(b) of this rule, then such notice shall be provided by personal service or service by registered or certified mail.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0300 Appealing a Fitness Determination

(1) Purpose. This rule sets forth a contested case hearing process by which a subject individual may appeal a completed fitness determination made under OAR 845-002-0260 that he or she is fit or not fit to hold a position with, or provide services to the Commission as an employee, volunteer, contractor, or vendor. Section (6) of the rule identifies an alternative appeal process available only to current Commission employees.

(2) Process:

(a) A subject individual may appeal a fitness determination by submitting a written request for a contested case hearing to the address specified in the notice provided under OAR 845-002-0290(1)(b), within 14 calendar days of the date appearing on the notice. The Commission shall address a request received after expiration of the deadline as provided under 137-003-0528.

(b) When a timely request is received by the Commission under subsection (a), a contested case hearing shall be conducted by an administrative law judge assigned by the Office of Administrative Hearings, pursuant to the Attorney General’s Model Rules for Contested Cases, “Rules for the Office of Administrative Hearings” OAR 137-003-0501 to 137-003-0700, as supplemented by the provisions of this rule.

(c) The Commission shall provide the subject individual or the subject individual’s legal representative with all of the information required under OAR 137-003-0510.

(d) As provided in OAR 137-003-0510(3), if participating in a contested case hearing, the Commission and the subject individual may agree to use a collaborative method of dispute resolution designed to encourage them to work together to develop a mutually agreeable solution, such as negotiation or a settlement conference.

(3) Discovery:

(a) A subject individual’s hearing request under section (2)(a) of this rule shall constitute a discovery request for the following records:

(A) Any records the subject individual has a right to inspect under OAR 845-002-0310(2)(e); and

(B) In accordance with the Public Records Law, any records described in OAR 845-002-0310(3)(a).

(b) The Commission or the administrative law judge may protect information made confidential by ORS 181.534(15) or other applicable law as provided in OAR 137-003-0570(7) or (8).

(4) No Public Attendance. Contested case hearings on fitness determinations are closed to non-participants.

(5) Proposed and Final Order:

(a) Proposed Order. After a hearing, the administrative law judge shall issue a proposed order. If the subject individual or subject individual’s legal counsel does not file written exceptions with the Commission within 15 calendar days of the mailing of the proposed order, the proposed order shall become the final order.

(b) Exceptions. If the subject individual or the subject individual’s legal counsel files timely written exceptions to the proposed order with the Commission, the Commission Administrator or Administrator’s designee shall consider the exceptions and serve a final order, or request a revised proposed order from the administrative law judge.

(c) Default. A completed final fitness determination made under OAR 845-002-0260 shall constitute a final order without a hearing as provided under 137-003-0672.

(6) Alternative Process. A subject individual currently employed by the OLCC may choose to appeal a fitness determination either under the process made available by this rule or through the process made available by applicable personnel rules, policies, and collective bargaining provisions. A subject individual’s decision to appeal a fitness determination through applicable personnel rules, policies, and collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process made available by this rule.

(7) Challenging Criminal Offender Information. A subject individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or agencies reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation.

(a) To challenge information identified in this section (7), a subject individual may use any process made available by the providing agency.

(b) If the subject individual successfully challenges the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or an agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation, the subject individual may request that the Commission conduct a new criminal records check and re-evaluate the original fitness determination made under OAR 845-002-0260 by submitting a new OLCC Criminal Records Request form.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0310 Record Keeping and Confidentiality

(1) An authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination due to incompleteness, in writing.

(2) Records Received from the Oregon Department of State Police.

(a) Records the Commission receives from the Oregon Department of State Police resulting from a criminal records check, including but not limited to LEDS reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181.534(15).

(b) Within the Commission, only authorized designees shall have access to records the Commission receives from the Oregon Department of State Police resulting from a criminal records check.

(c) An authorized designee shall have access to records received from the Oregon Department of State Police in response to a criminal records check only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records.

(d) Authorized designees shall maintain and disclose records received from the Oregon Department of State Police resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181 and other applicable federal and state laws, rules adopted by the Oregon Department of State Police pursuant thereto (see OAR chapter 257, division 15), these rules, and any written agreement between the Commission and the Oregon Department of State Police.

(e) If a fingerprint-based criminal records check was conducted with regard to a subject individual, the Commission shall permit that subject individual to inspect his or her own state and federal criminal offender information, unless prohibited by federal law.

(f) If a subject individual with a right to inspect criminal offender information under subsection (e) requests, the Commission shall provide the subject individual with a copy of the individual’s own state and federal criminal offender information, unless prohibited by federal law.

(3) Other Records.

(a) The Commission shall treat all records received or created under these rules that concern the criminal history of a subject individual, other than records covered under section (2) of this rule, including OLCC Criminal Records Request forms and fingerprint cards, as confidential pursuant to ORS 181.534(15).

(b) Within the Commission, only authorized designees shall have access to the records identified under subsection (a).

(c) An authorized designee shall have access to records identified under subsection (a) only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records.

(d) A subject individual shall have access to records identified under subsection (a) pursuant to the terms of the Public Records Law, ORS 192.410 to 192.505.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0320 Authorized Designees

(1) Appointment.

(a) The Commission Administrator or the Administrator’s designee shall designate positions within the Human Resources Unit and the Enforcement & Compliance Unit as including the responsibilities of an authorized designee.

(b) Appointment to one of the designated positions shall be contingent upon an individual being approved under the Commission’s criminal records check and fitness determination process.

(2) The Commission Administrator and Deputy Administrator may also serve as authorized designees, contingent on being approved under the Commission’s criminal records check and fitness determination process.

(3) Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true:

(a) The authorized designee is related to the subject individual; or

(b) The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship under this subsection (b), the authorized designee shall consult with his or her supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist.

(4) Termination of Authorized Designee Status.

(a) When an authorized designee’s employment in a designated position ends, his or her status as an authorized designee is automatically terminated.

(b) An authorized designee shall immediately report to his or her supervisor if he or she is arrested for or charged with, is being investigated for, or has an outstanding warrant or pending indictment for a crime listed or described under OAR 845-002-0270. Failure to make the required report is grounds for termination of his or her status as an authorized designee.

(c) The Commission must suspend or terminate the appointment as an authorized designee if the authorized designee fails to comply with the rules of the Commission or fails to continue to meet the qualifications for the status of authorized designee, as applicable.

(d) A termination of authorized designee status due to a Final Fitness Determination is not subject to hearing rights under these rules unless the termination results in loss of employment or position, in which case they have the same hearing rights related to Fitness Determinations as other subject individuals under these rules.

(5) Review of Appointment. The Commission will develop a procedure to review and update appointments of authorized designees, up to and including a new application and criminal records check, to assure that all requirements of this rule are met:

(a) Every three years; or

(b) If the Commission has reason to believe the person no longer meets the qualifications to be an authorized designee, such as but not limited to, any indication of criminal behavior.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Or. Admin. R. 845-002-0330 Fees

(1) The Commission may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Commission by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual.

(2) The Commission may charge the fee to the subject individual on whom the criminal offender information is sought, or, if the subject individual is an employee of a Commission contractor or vendor and is undergoing a fitness determination in that capacity, the Commission may charge the fee to the subject individual’s employer.

(3) The Commission shall not charge a fee if the subject individual is a Commission employee, a Commission volunteer, or an applicant for employment or a volunteer position with the Commission.

History

Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730
Statutes/Other Implemented: ORS 181.534 & 471.695
OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Division 3 CONTESTED CASE PROCEDURES

Or. Admin. R. 845-003-0200 Statement of Purpose

(1) The purpose of these rules is to implement the statutory policies set forth in ORS 183.411 to 183.470, to provide all contested case participants with clear guidelines, and to provide for thorough and timely hearings.

(2) In an effort to provide timely hearings, these rules establish time limits which will be strictly followed.

(3) These rules apply to all contested case proceedings pending with or received by the Commission on or after the effective date.

History

Statutory/Other Authority: ORS 183.341(2), 471.730(5) & (6)
Statutes/Other Implemented: ORS 183.341(2)
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12
OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00
OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00
OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99

Or. Admin. R. 845-003-0210 Model Rules of Procedure

(1) The following Attorney General's “Model Rules of Procedure for Contested Cases Office of Administrative Hearings,” effective May 1, 2014, are hereby adopted by reference as permanent rules of procedure for contested case hearings conducted on behalf of the Liquor and Cannabis Commission: OAR 137-001-0005, and OAR 137-003-0501 to 137-003-0700.

(2) The following Attorney General’s Model Rules for “Miscellaneous, Orders in Other Than Contested Cases,” effective May 1, 2014, are hereby adopted by reference as permanent rules of procedure for miscellaneous proceedings and orders in other than contested cases: OAR 137-004-0010 to 137-004-0092.

[ED. NOTE: The full text of the Attorney General’s “Model Rules of Procedure for Contested Cases Office of Administrative Hearings” and “Miscellaneous, Orders in Other Than Contested Cases” is available from the Office of the Attorney General or the Oregon Liquor and Cannabis Commission.]

History

Statutory/Other Authority: ORS 183.341 (1), (2), 471.730(5) & (6)
Statutes/Other Implemented: ORS 183.341(1) & (2)
OLCC 11-2021, minor correction filed 08/02/2021, effective 08/02/2021
OLCC 10-2016, f. & cert. ef. 8-19-16
OLCC 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-18-16
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12
OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00
OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00
OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99

Or. Admin. R. 845-003-0220 Definitions

As used in OAR Chapter 845, division 003, the following definitions apply:

(1) “Administrator” means the Executive Director of the Oregon Liquor and Cannabis Commission or the Executive Director’s authorized delegates.

(2) “Charging Document” means a written notice that the Commission:

(a) Intends to grant or deny a new or renewed permit, license, certification, authorization, endorsement or approval;

(b) Will seek a sanction, civil penalty or withdraw an approval for a violation or failure to comply with ORS Chapter 471, ORS Chapter 473, ORS Chapter 475C, ORS 471.115, ORS 459A.700 to ORS 459A.740, and OAR Chapter 845; and

(c) Intends to modify, suspend or terminate a retail sales agent agreement, or modify, terminate or suspend a retail sales agent appointment.

(3) “Commission” means the Oregon Liquor and Cannabis Commission and any employee thereof, but for purposes of these rules does not refer to the Commissioners.

(4) “Commissioners” means a quorum of duly appointed Commissioners at a meeting called for the transaction of any business, the performance of any duty, or the exercise of any power of the Commission.

(5) “Good cause” means the factors set forth under OAR 137-003-0501(7). Good cause does not include failure to perform a required act due to the press of business or ignorance of the law, including ignorance of these rules.

(6) “Participant” means the person(s) named in the notice of a right to a contested case hearing and who requested a hearing, a person granted either party or limited party status in a contested case under OAR 137-003-0535, an agency participating in the contested case under OAR 137-003-0540, the party’s attorney, the expert witnesses, the agency representative, one agency officer or agency employee, and any persons authorized by statute or administrative rule to attend the contested case hearing.

(7) “Party” means any person or entity named in the charging document or granted party status by statute or administrative rule.

History

Statutory/Other Authority: ORS 183.341(2), 471.730(5) & (6) & 475C.017(2)(d)
Statutes/Other Implemented: ORS 183.310 & 183.341(2)
OLCC 2-2022, minor correction filed 02/25/2022, effective 02/25/2022
OLCC 12-2021, minor correction filed 08/02/2021, effective 08/02/2021
OLCC 10-2016, f. & cert. ef. 8-19-16
OLCC 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-18-16
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12
OLCC 18-2007, f. 9-27-07, cert. ef. 10-1-07
OLCC 18-2007, f. 9-27-07, cert. ef. 10-1-07
OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03
OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00
OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00
OLCC 8-1999, f. 6-9-99, cert. ef. 7-1-99
OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99

Or. Admin. R. 845-003-0270 Request for a Contested Case Hearing and Response to Charging Document

(1) A party may contest a charging document or a tax imposed under ORS Chapter 473 by requesting a contested case hearing. The request for hearing must be in writing and timely filed. The time limit for filing a request is:

(a) 60 days after service of a charging document defined in OAR 845-003-0220(2)(a), with the following exceptions:

(i) 20 days after service of a charging document denying a renewal of a license under ORS 471.313(5);

(ii) 30 days after service of a charging document denying an application for a service permit; except that the time limit shall be 15 days for a denial that is based on failure to complete the alcohol server education course and examination; and

(iii) 30 days after service of a charging document denying an application for a marijuana handler permit; except that the time limit shall be 15 days for a denial that is based on a failure to complete the marijuana handler permit education course and examination.

(b) 30 days after service of a charging document defined in OAR 845-003-0220(2)(b), except that the time limit shall be 20 days if the violation is based on ORS 471.315(1)(c);

(d) Within the time period provided in the retail sales agent agreement between the Commission and the agent, if the agreement provides for a hearing;

(e) Within the time period provided in the charging document for all other matters not listed above.

(2) A written Answer to a charging document may be required. The Answer must be filed in writing and submitted to the Commission with the request for hearing. A party must file an Answer in response to:

(a) A charging document as defined in 845-003-0220(2)(a);

(b) A charging document as defined in 845-003-0220(2)(b), if the violation is a Category I or II violation; and

(3) The Answer must specify:

(a) An admission or denial of each factual matter alleged in the charging document; and

(b) What defense or defenses the party will rely upon;

(4) When an answer is required under section (2):

(a) Factual matters alleged in the charging document and not denied in the answer shall be presumed admitted;

(b) Failure to raise a particular defense in the answer will be considered a waiver of such defense;

(d) Evidence shall not be taken at the contested case hearing on any issue not raised in the charging document or answer.

(5) When an answer is required under section (2), the party may amend the answer, except when doing so would be unduly prejudicial.

History

Statutory/Other Authority: ORS 183.341(2), 183.745 & 471.730(5) & (6) & 475C.017(2)(d)
Statutes/Other Implemented: ORS 183.341(2), 183.430(2), 183.435, 183.745, 471.331(1) & 471.380(2)
OLCC 1-2022, minor correction filed 02/25/2022, effective 02/25/2022
OLCC 10-2016, f. & cert. ef. 8-19-16
OLCC 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-18-16
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12
OLCC 18-2007, f. 9-27-07, cert. ef. 10-1-07
OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03
OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00
OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00
OLCC 8-1999, f. 6-9-99, cert. ef. 7-1-99
OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99

Or. Admin. R. 845-003-0331 Employee Representation at Contested Case Hearings

(1) As authorized by the Attorney General pursuant to ORS 183.452, Commission employees may appear and participate on behalf of the Commission in the following types of contested case hearings:

(a) The grant or denial of a new or renewed license, permit, certification, endorsement, approval or other authorization applied for or requested under ORS Chapters 459A, 471, 473, 475C and OAR Chapter 845;

(b) A withdrawal, suspension, revocation, cancellation, civil penalty or other sanction pursuant to ORS Chapter 471, ORS Chapter 473, ORS Chapter 475C, ORS Chapter 459A, ORS 474.115, ORS 459.992, or OAR Chapter 845;

(c) A violation or dispute based on a retail sales agent agreement; but not a matter where the Commission has proposed to terminate or suspend performance on the agreement;

(d) Privilege Tax disputes under ORS 473.060(4); and

(e) Orders for destruction, dispossession, seizure, transfer, or sale of marijuana items pursuant to ORS 475C.021.

(2) The employee representative's responsibilities include, but are not limited to:

(a) Presenting evidence;

(b) Asking questions of all witnesses;

(d) Presenting information on how the facts apply to the statutes or rules directly related to the issues in the contested case;

(e) Presenting information comparing Commission actions in similar situations;

(f) Presenting information about the literal meaning of the statutes or rules that apply to the issues in the contested case; and

(g) Presenting information about the admissibility of evidence or the correctness of procedures being followed.

(3) The employee representative may not make legal arguments. “Legal arguments” include, but are not limited to, arguments on:

(a) The jurisdiction of the Commission to hear the contested case;

(b) The constitutionality of a statute or rule or the application of a constitutional requirement to the Commission; and

(4) When the Commission determines it is necessary to consult with the Attorney General's office, an administrative law judge will provide a reasonable period of time for an agency representative to consult with the Attorney General's office and to obtain either written or oral legal argument.

History

Statutory/Other Authority: ORS 183.341(2), 183.452, 475C.017(2)(d) & 471.730(5) & (6)
Statutes/Other Implemented: ORS 183.341(2) & 183.452
OLCC 6-2024, minor correction filed 05/22/2024, effective 05/22/2024
OLCC 5-2024, amend filed 05/16/2024, effective 05/17/2024
OLCC 3-2022, minor correction filed 02/25/2022, effective 02/25/2022
OLCC 10-2016, f. & cert. ef. 8-19-16
OLCC 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-18-16
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12
OLCC 13-2002, f. 10-25-02, cert. ef. 11-3-02
OLCC 6-2002(Temp), f. 5-6-02, cert. ef. 5-7-02 thru 11-2-02

Or. Admin. R. 845-003-0345 Public Attendance and Representation of Parties

(1) Contested case hearings are closed to non-participants and may only be attended by participants.

(2) Representation of parties is governed by OAR 137-003-0550. The Commission does not allow the use of authorized representatives described in 137-003-0555 in its contested case hearings.

History

Statutory/Other Authority: ORS 183.341(2), 471.730(5) & (6)
Statutes/Other Implemented: ORS 183.341(2)
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14

Or. Admin. R. 845-003-0460 Exchange of Exhibits and Witness Lists

(1) Prior to any contested case hearing, the administrative law judge may order the participants to exchange exhibits and witness lists.

(2) Each participant must file exhibits and a list of witnesses with the administrative law judge and provide a copy to the other participant(s) by the date established by the administrative law judge. If there is no order by the administrative law judge, the exhibits and witness lists must be filed and exchanged no later than 14 days before the hearing date. If a participant fails to timely file and exchange the documents, a prehearing conference will be convened upon request.

(3) Following the filing and exchange of the witness lists and exhibits and before the start of the hearing, participants shall immediately provide to the other participants and the administrative law judge any newly discovered matter, such as a document or name of a witness.

(4) The requirements in sections (1)–(3) of this rule do not apply to service permit refusal and revocation cases. In these matters, prior to any contested case hearing, the administrative law judge may issue a discovery order directing the participants to file and exchange exhibits and witness lists by a date established by the administrative law judge.

History

Statutory/Other Authority: ORS 183.341(2), 183.425(2), 471.730(5) & (6)
Statutes/Other Implemented: ORS 183.341(2) & 183.425(2)
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12
OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00
OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00
OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99

Or. Admin. R. 845-003-0590 Exceptions

(1) Only parties and limited parties may file exceptions to a proposed order. Commission staff may file written comments on the proposed order.

(2) Exceptions and comments must be in writing and received by the Administrator of the Commission within 15 days of the mailing date of the proposed order to be considered by the Commissioners. If an interpreter is required to translate a proposed order for one participant, all participants shall have an additional 10 days to file exceptions or comments to the proposed order.

(3) The Administrator may grant a participant's written request to extend the period to file exceptions or comments for good cause shown or by mutual agreement. The request must be received within 15 days of the mailing date of the proposed order.

(4) Oral argument to the Commissioners on written exceptions or comments will be taken at a regularly scheduled meeting of the Commissioners. The participants shall be notified by the Commission of the date, time, and place of the meeting where such argument will be heard.

History

Statutory/Other Authority: ORS 183.341(2), 471.730(5) & (6)
Statutes/Other Implemented: ORS 183.341(2) & 183.460
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12
OLCC 21-2003, f. 11-24-03, cert. ef. 2-10-04
OLCC 11-2003(Temp), f. & cert. ef. 8-15-03 thru 2-10-04
OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00
OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00
OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99

Or. Admin. R. 845-003-0670 Retained Authority of Commissioners

(1) The Commissioners retain all authority not specifically delegated.

(2) The Commissioners delegate to the Administrator the authority to grant or deny late hearing requests (frequently called Requests for Relief From Default) as provided in OAR 137-003-0528.

(3) The Commissioners delegate to the Administrator the authority to grant or deny requests to participate as a party, limited party or interested agency in a contested case under OAR 137-003-0535 or 137-003-0540 and to make all decisions incidental to the request, including, but not limited to, specifying the areas of participation and procedural limitations of participation, granting or denying late petitions, shortening the time within which responses to the petition shall be filed and/or postponing the hearing until disposition is made of the petition.

(4) The Commissioners delegate to the Administrator the authority to grant or deny a petition for an order to take a deposition of a party pursuant to OAR 137-003-0572. This authority includes, but is not limited to, the ability to designate the terms of the deposition such as the location, manner of recording, time of day and persons permitted to be present during the deposition.

(5) The Commissioners delegate to the Administrator the authority to grant or deny discovery motions pursuant to OAR 137-003-0568 submitted prior to referral of the contested case to the Office of Administrative Hearings and, if applicable, after the assigned administrative law judge issues a proposed order.

(6) The Commissioners delegate to the Administrator the authority to respond to questions transmitted to the agency as set forth in OAR 137-003-0635. The scope of the issues that may be transmitted to the agency includes the agency’s interpretation of its rules and applicable statutes and which rules or statutes apply to a proceeding.

(7) The Commissioners delegate to the Administrator the authority to adopt a Final Order based upon an informal disposition by settlement.

(8) The Commissioners delegate to the Administrator the authority to issue Final Orders by Default.

(9) The Commissioners delegate to the Administrator the authority to adopt a Final Order based upon a proposed order where exceptions are not filed timely and the order is not otherwise subject to review by the Commissioners.

(10) The Commissioners delegate to the Administrator the authority to grant or deny requests for extension of time within which to file exceptions or comments to a proposed order, in conformity with the requirements of OAR 845-003-0590(3).

(11) The Commissioners delegate to the Administrator the authority to grant or deny a motion to postpone oral argument to the Commissioners on any comments or exceptions to a proposed order.

(12) The Commissioners delegate to the Administrator the authority to grant or deny requests for reconsideration or rehearing and any stay request based on these requests for reconsideration or rehearing when exceptions or a request to reopen the record has been made by the same participant in the same case.

(13) The Commissioners delegate to the Administrator the authority to grant or deny a request to stay the enforcement of a Final Order pending judicial review and in cases where judicial review has not been requested.

History

Statutory/Other Authority: 471.730(5) & (6), ORS 183.341(2) & 475C.017(2)(d)
Statutes/Other Implemented: ORS 183.341(2)
OLCC 5-2024, amend filed 05/16/2024, effective 05/17/2024
OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14
OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12
OLCC 16-2010, f. 12-22-10, cert. ef. 1-1-11
OLCC 1-2008, f. 1-16-08, cert. ef. 2-1-08
OLCC 2-2005, f. 4-21-05, cert. ef. 5-1-05
OLCC 18-2003, f. 11-24-03, cert. ef. 12-1-03
OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03
OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00
OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00
OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99

Division 4 GENERAL

Or. Admin. R. 845-004-0001 Prohibited Interests in the Alcoholic Beverage Industry

(1) Definitions. For this rule:

(a) "Business connections" include, but are not limited to, the following behaviors and relationships:

(A) Knowingly providing anything of value to a manufacturer or a business licensed by the Commission in return for something of value except for the exchange of commodities or services that are routinely provided to the general public under the same terms, and

(B) Partnerships with a manufacturer or licensee and similar ventures formed for the purpose of making a profit.

(b) "Business licensed by the Commission" means a business or any part of a business that requires an alcoholic beverage license to operate. A person is "employed by a business licensed by the Commission" if:

(A) The person's job duties include involvement with any portion of the business that requires an alcoholic beverage license to operate, or

(B) The person exercises management control over any portion of the business that requires an alcoholic beverage license to operate.

(c) “Close association” means a relationship that does or could be reasonably perceived to influence commissioner or employee decisions.

(d) “Domestic Partner” means an individual who, along with another individual of the same sex, has received a Certificate of Registered Domestic Partnership pursuant to the Oregon Family Fairness Act.

(e) "Employed by the Commission" means any permanent, temporary or limited duration Commission employee.

(f) "Financial Interest" means knowingly holding an ownership interest as a sole proprietor, partner, limited partner or stockholder, in any business that is licensed by the Commission or manufactures alcoholic beverages sold in Oregon. This definition excludes any investment that the investor does not control in nature, amount or timing.

(g) "Household member" means all persons living as a family unit in the same dwelling as the commissioner or Commission employee.

(h) "Immediate family" means the spouse or Domestic Partner, and juvenile dependent children of the commissioner or Commission employee.

(i) “Knowledge” and "knowingly" mean that the person had actual knowledge of or reasonably should have known of the fact in question.

(j) "Position to take action or make decisions that could affect the licensed business" means that the employee's job duties include the discretion to take actions or make decisions that are reasonably likely to create more than a trivial cost or benefit for a licensed business in money, time or anything else of value. However, an employee is not in a “position to take action or make decisions that could affect the licensed business" under ORS 471.710(2)(c) or (d) if the Commission removes the employee from actions and decisions affecting the licensed business. The Commission will do so where the removal would not unreasonably effect the employee's ability to perform his or her job duties.

(2) Prohibitions.

(a) The prohibitions in this section do not apply to the commissioner appointed as the food and alcoholic beverage retail industry representative under ORS 471.705(1).

(b) Financial Interests. No commissioner, employee, household member or family member may hold a financial interest described in this rule.

(c) Employment. No commissioner, employee, household member or family member may be employed by a business licensed by the Commission unless the commissioner or employee is not in a position to take action or make decisions that could affect the licensed business.

(d) Business Connections. No commissioner, employee, household member or family member may have a business connection described in this rule unless the commissioner or employee is not in a position to take action or make decisions that could affect the licensed business.

(3) Reporting Requirements.

(a) The reporting requirements in this section do not apply to the commissioner appointed as the food and alcoholic beverage retail industry representative under ORS 471.705(1).

(b) Close Association. A commissioner or employee who has a close association with an alcoholic beverage licensee must:

(A) Inform the Commission of the association as soon as the commissioner or employee has knowledge of the association, and

(B) Refrain from participating in any decision that directly affects the licensee.

(c) An applicant for a Commission job must disclose all financial interests, current employment relationships and business connections that the applicant, or any person in the applicant's household or immediate family, has with the alcoholic beverage industry of which the applicant has knowledge. If the Commission determines that a prohibited financial interest, employment relationship or business connection exists, the applicant must divest the financial interest, employment relationship or business connection before he or she may be hired.

(d) A Commission employee must report all financial interests, current employment relationships and business connections that the employee, or any person in the employee’s household or immediate family, has with the alcoholic beverage industry to his or her supervisor as soon as the employee has knowledge of it. If the financial interest, employment relationship or business connection is prohibited, the Commission will set a reasonable time period for divestiture. If divestiture does not occur within the given time period, the Commission will terminate the employee's employment.

(4) Disciplinary Action. The Commission will appropriately discipline any employee who:

(a) Fails to report a prohibited financial interest, employment relationship or business connection as required under this rule, or

(b) Knowingly acquires or establishes a financial interest, employment relationship or business connection prohibited under this rule.

History

Statutory/Other Authority: ORS 471 including 471.030, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.710
OLCC 12-2013, f. 11-26-13, cert. ef. 1-1-14
OLCC 9-2008, f. 6-12-08, cert. ef. 7-1-08
OLCC 15-1989, f. 10-31-89, cert. ef. 11-1-89
OLCC 4-1988, f. & cert. ef. 7-1-88

Or. Admin. R. 845-004-0005 Gifts, Gratuities

(1) Purpose: The Commission expects employees and retail sales agents to do their jobs fairly and impartially and to avoid conduct that compromises or appears to compromise that fairness and impartiality. It is not the intent of this rule to prohibit Commissioners, retail sales agents or Commission employees from interacting with licensees and distillery representatives on the same basis as a customer or the general public.

(2) No Commissioner, employee or retail sales agent will accept any gift, gratuity or thing of value from any alcoholic beverage licensee, or any person representing a distillery which the licensee/representative does not also offer on an equal basis to his/her customers or the general public.

(3) No alcoholic beverage licensee or person representing a distillery will offer or give any gift, gratuity or thing of value to a Commissioner, employee or retail sales agent which the licensee/representative does not also offer on an equal basis to his/her customers or the general public.

(4) Despite sections (2) and (3) of this rule a Commissioner, employee or retail sales agent may accept:

(a) Food and beverages provided for immediate consumption at a convention or a business conference or business meeting that are offered to all participants irrespective of any connection to the Commission;

(b) A non-alcoholic beverage for immediate consumption that a licensee offers at a business meeting;

(5) Despite sections (2) and (3) of this rule, a Commissioner may accept:

(a) Food, beverages, lodging and travel when the Commissioner is participating in an event related to his/her official duties and when appearing in an official capacity, subject to the reporting requirements of ORS 244.060(6);

(b) Food or beverage that the Commissioner consumes in the presence of the purchaser or provider.

History

Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.710(5)
OLCC 17-2003, f. 10-27-03, cert. ef. 12-1-03
OLCC 1-2003, f. 1-27-03, cert. ef. 2-1-03
OLCC 7-1989, f. 7-28-89, cert. ef. 8-1-89
LCC 6-1982, f. 7-30-82, cert. ef. 8-1-82
LCC 3-1981, f. & cert. ef. 9-18-81
LCC 24-1980, f. 9-30-80, cert. ef. 10-1-80, Renumbered from 845-010-0155(9)
LCC 13-1980(Temp), f. & cert. ef. 4-25-80
LCC 17-1979, f. 9-24-79, ef. 10-1-79
LCC 34-1970, f. 1-23-70, ef. 2-26-70
LCC 29-1964, f. & cert. ef. 5-21-64
LCC 28-1960, f. & cert. ef. 12-19-60
LCC 27-1960, f. & cert. ef. 9-15-60
LCC 26-1960, f. & cert. ef. 5-12-60

Or. Admin. R. 845-004-0015 Signing of Orders

Unless the Commissioners specifically give other directions, the Administrator may sign the following:

(1) The written expression of any official action the Commissioners take at any public meeting. The Administrator's signature has the same force and effect as the signature of all the Commissioners; and

(2) A “charging document” as defined in OAR 845-003-0220(2).

History

Statutory/Other Authority: ORS 471.030, 471.040(2), 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 471.720
OLCC 10-2016, f. & cert. ef. 8-19-16
OLCC 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-18-16
OLCC 14-1991, f. 9-30-91, cert. ef. 1-1-92, Renumbered from 845-010-0375
LCC 12-1980, f. 3-28-80, cert. ef. 4-1-80

Or. Admin. R. 845-004-0020 Public Records and Miscellaneous Fees

(1) Public Records Requests. The Commission charges the fees described in sections (2) through (7) of this rule for retrieving, copying and making records available in response to public records requests. Public records requests must be in writing.

(2) Reimbursement of Commission staff time. An hourly rate of $25.00 will be assessed for any Commission staff time greater than 15 minutes spent locating records, reviewing records to delete exempt material, supervising the inspection of records, copying records, reproducing records onto a disk or other electronic format, certifying records, and mailing records. This charge is in addition to the charges for the copies of the documents. The Commission may charge for the cost of searching for records regardless of whether the Commission was able to locate the requested record.

(3) Hard copy Records. The fee schedule listed below is reasonably calculated to reimburse the Commission for the actual costs of providing hard copies of records.

(a) Hard copy (black and white, letter size): $0.25 per page. Costs for other sized or color copies will be the Commission’s actual cost.

(b) Fax charges: $0.50 (per page up to a maximum of 20 pages). If the fax is over 20 pages the Commission will provide the records in another appropriate format or manner such as a disk or hard copies.

(d) Whenever feasible the Commission will provide double-sided copies of a record request. Each side of a double-sided copy will constitute one page.

(4) Electronic Records.

(a) Copies of requested electronic records may be provided in the format or manner maintained by the Commission. Some records maintained by the Commission are in hard copy format only and therefore not all records are available in electronic form. The Commission will perform all downloading, reproducing, formatting and manipulating of records. Records that are placed on a CD-ROM disk, including recorded proceedings, will incur a fee of $5.00 per disk. The Commission does not provide transcription service. In order to protect the integrity of the Commission’s records, the records requestor may not provide the disk or any other medium for the electronic records storage. The reimbursement of staff time to provide records in electronic form will be charged in accordance with section (2) of this rule.

(b) Records that are sent via electronic mail will not be charged a fee for transmission up to a file size of 10 MB. If the file size is over 10 MB the Commission will provide the records in another appropriate format or manner such as a disk or hard copies.

(5) Certification of Copies of Records. Certification of both hard and electronic copies of records may be provided upon request. The Commission will only certify that on the date copied the copy was a true and correct copy of the original record. The Commission cannot certify as to any subsequent changes or manipulation of the record.

(6) Reasonable costs associated with responding to a request to review or copy a record not specifically addressed by this rule may be assessed, including but not limited to the actual costs for the Commission to have a person make copies of the records.

(7) The Commission may not include in a fee charged under sections (2) through (6) of this rule the cost of time spent by an attorney for the public body in determining the application of the provisions of ORS 192.410 to 192.505.

(8) Collection of Fees.

(a) Method. Payment may be made in the form of cash, check, or money order. Make checks payable to “Oregon Liquor and Cannabis Commission”. Payments may be made in person at: OLCC, 9079 SE McLoughlin Blvd., Portland, Oregon 97222-7355. Payments may also be mailed to: OLCC, PO Box 22297, Milwaukie, Oregon 97269-2297.

(b) Receipts. A receipt may be given, upon request, for charges incurred.

(A) If a fee charged under sections (2) through (6) of this rule is estimated to be greater than $25.00, the Commission must provide the requestor with a written notification of the estimated amount of the fee. The Commission shall not process the public records request until it receives confirmation from the requestor that the requestor wants the Commission to proceed with making the public record available.

(B) Depending on the volume of the records requested, the difficulty in determining whether any of the records are exempt from disclosure, and the necessity of consulting legal counsel, the Commission may preliminarily estimate the charges for responding to a record request and require prepayment of the estimated charges. If the actual charges are less than the prepayment, any overpayment will be refunded to the requestor.

(d) Waiver of Fees.

(A) Ordinarily there will be no waiver of fees.

(B) The Commission will not charge a fee if a record can be provided at nominal expense. Nominal expense means costing less than $5.00, including the labor required to fulfill the request.

(C) The Commission may furnish copies without charge or at a substantially reduced fee if the Commission determines that the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public. Examples include when the material requested is currently being distributed as part of the public participation process such as a news release or public notice, or the material requested has been distributed through mass mailing and is readily available to the Commission at the time of the request.

(D) The Commission considers the following factors in determining whether to waive or reduce fees pursuant to subsection (8)(d)(C) of this rule:

(i) Any financial hardship on the Commission;

(ii) The extent of time, expense and interference with the Commission’s regular business;

(iii) The volume of the records requested; or

(iv) The necessity to segregate exempt from non-exempt materials.

(9) Miscellaneous Distilled Spirits Fees:

(a) Representatives of distilled spirits' suppliers may purchase monthly reports of sales and inventory by code number (brand) by retail outlet. The fee is $20.00 for preparation of the report, plus $2.00 for each code included in the report. The Commission will bill representatives monthly, with payment due within 30 days.

(b) The Commission will charge the supplier or carrier, according to the responsibility for damage, a fee for recouping merchandise. The Commission sets this fee based on an annual review of the Commission's labor and materials cost.

(c) The Commission's charge on special accounts that do not pay normal markup on liquor purchases is the landed cost plus a 5% handling fee per case. The handling fee for split cases will be 15% of the landed cost of each bottle ordered.

History

Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5)
Statutes/Other Implemented: ORS 192.440
OLCC 13-2021, minor correction filed 08/02/2021, effective 08/02/2021
OLCC 12-2010, f. 10-18-10, cert. ef. 11-1-10
OLCC 10-2005, f. 12-19-05, cert. ef. 1-1-06
OLCC 1-2005, f. 4-21-05, cert. ef. 5-1-05
OLCC 5-2001, f. 8-15-01, cert. ef. 9-1-01
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
OLCC 16-1991, f. 10-31-91, cert. ef. 1-1-91
OLCC 3-1990, f. 3-16-90, cert. ef. 4-1-90
LCC 30-1986, f. 11-20-86, cert. ef. 1-1-87
LCC 30-1980, f. 12-22-80, cert. ef. 1-1-81, Renumbered from 845-010-0355
LCC 11-1980, f. 3-3-80, cert. ef. 4-1-80

Or. Admin. R. 845-004-0022 Annual License Fee Definition and Refund

(1) Annual license fee is the amount ORS 471.311(5) requires for the use of an annual license.

(2) The Commission considers an annual license used when a licensee allows any sale, service, or consumption of alcoholic beverages on the premises after the effective date of the license.

(3) The Commission refunds the annual license fee, when the licensee verifies that he/she has not used the license as described in section (2) of this rule.

History

Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.311
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
LCC 6-1986, f. & ef. 4-1-86

Or. Admin. R. 845-004-0031 Refunds

(1) The Commission shall not refund any amount of $25.00 or less, except if a written request for a refund is filed by the person who paid the money.

(2) Refund requests must be filed within 18 months from the date of payment.

History

Statutory/Other Authority: ORS 471.040
Statutes/Other Implemented: ORS 293.445
OLCC 13-2016, f. 8-23-16, cert. ef. 9-3-16

Or. Admin. R. 845-004-0060 Sales by U.S. Customs, County Sheriffs, Other Agencies

(1) The purpose of this rule is to provide for the sale of alcoholic liquors which have been confiscated or received by U.S. Customs, county sheriffs, courts, Internal Revenue Service or other governmental agencies.

(2) A letter requesting permission to sell alcoholic liquors shall be submitted to the Commission, setting forth the following information:

(a) Reason for the sale;

(b) List of merchandise to be sold and approximate quantities;

(d) Person(s) who will actually conduct the sale;

(e) If the sale is by a U.S. Customs agent, agreement that no merchandise will be delivered to the purchaser until the purchaser presents a letter of release from the Commission.

(3) On approval, the Commission will appoint the person designated to conduct the sale as a retail sales agent of the Commission for the limited purpose of selling the listed merchandise at a specified time and place. All merchandise sold must have seals intact and must be fit for human consumption, unless the purchaser has a federal permit to produce alcohol for fuel and indicates in writing that the merchandise purchased will not be used for human consumption.

(4) If distilled spirits are purchased through a U.S. Customs sale, the purchaser must obtain from the U.S. Customs agent a statement in writing of the quantity of distilled spirits purchased and the purchase price. The purchaser must remit to the Commission a markup of 25 percent of the purchase price of the distilled spirits and obtain a letter of release from the Commission before the U.S. Customs agent may release the distilled spirits to the purchaser.

History

Statutory/Other Authority: ORS 471 & 472, including 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d)
Statutes/Other Implemented: ORS 471.610, 471.657, 471.665 & 472.060(2)(e)
LCC 21-1980, f. 6-20-80, ef. 7-1-80, Renumbered from 845-010-0380

Or. Admin. R. 845-004-0065 Communications Between the Commission and Applicants, Certificate Holders, Licensees, Permittees, or Providers

(1) For the purposes of this rule:

(a) “Applicant” means a person who has applied with the Commission to become a certificate holder, licensee, permittee, or registrant.

(b) “Certificate holder” means a person who holds a certificate issued under ORS 471.244, 471.251, 471.521 to 471.534, 475C.289, or 571.336.

(c) “Licensee” means any person who holds a license issued under ORS 471.175 to 471.242, 475C.065, 475C.085, 475C.093, 475C.097, or 475C.548.

(d) “Permittee” means a person who holds an alcohol service permit under ORS 471.360 to 471.385 or a marijuana worker permit under ORS 475C.273.

(e) “Person” has the meaning given that term in ORS 174.100.

(f) “Provider” means a person who provides alcohol server education certified by the Commission as described in ORS 471.542.

(2) Correspondence.

(a) The Commission sends all correspondence that is required to be sent by certified mail to the mailing address recorded for the applicant, certificate holder, licensee, permittee, or provider in the online platform maintained by the Commission. An applicant, certificate holder, licensee, permittee, or provider, including officers, directors, shareholders, and partners, who wants to receive suspension, cancellation, nonrenewal, and contested case hearing notices at a different address must notify the Commission in writing.

(b) The Commission sends all other correspondence to the e-mail address recorded for the applicant, certificate holder, licensee, permittee, or provider in the online platform maintained by the Commission.

(3) Each applicant, certificate holder, licensee, permittee, or provider is responsible for updating or notifying the Commission of any change in an address or e-mail address specified in section (2) of this rule through the online platform maintained by the Commission.

(4) When the Commission gives notice by mail, according to ORS Chapter 183 and as specified in section (2)(a) of this rule, the applicant, certificate holder, licensee, permittee, or provider has received proper notice even when the applicant, permittee, provider or licensee fails to claim this mail.

(5) A licensee or applicant is responsible for controlling and maintaining access to the online platform maintained by the Commission.

(a) Account management.

(A) At all times at least one natural person who is a licensee or applicant, or is a licensee designee as described in paragraph (B) of this subsection, must have a user account associated with the legal entity that is the licensee of record or is an applicant to become a licensee of record.

(B) A licensee or applicant may designate an individual who is authorized by the applicant or licensee to exercise control or responsibility over all applications, licenses, and communications with the Commission as the “licensee designee.”

(b) The holder of any user account associated with the legal entity is authorized to make, request, or submit changes, amendments, or information related to any application or license. If a holder of a user account associated with the legal entity is no longer authorized to make, request, or submit changes, amendments, or information related to any application or license, it is the applicant’s or licensee’s responsibility to remove that person’s association with the legal entity in the online platform maintained by the Commission.

(c) If a licensee or applicant designates an individual who is authorized by the applicant or licensee to exercise control or responsibility over some, but not all, applications, licenses, and communications with the Commission, this individual:

(A) Must have a user account designated as an authorized representative for each license or application over which they have authority to exercise control.

(B) Must not have a user account associated with the legal entity that is the licensee of record.

(d) Notwithstanding subsection (b) of this section, the Commission may at its discretion require certain actions be taken by a licensee or applicant.

(A) The Commission will regard any communication from the holder of such a user account as representing the intent of the licensee or applicant.

(B) If the holder of such a user account is no longer authorized to act on behalf of the licensee or applicant, the licensee or applicant is responsible for immediately discontinuing the association between the user account and the legal entity.

History

Statutory/Other Authority: ORS 183.341 (2), 183.415 (4), 183.450 (3), 471.030, 471.730 (1), 471.730 (5) & ORS 475C
Statutes/Other Implemented: ORS 183.341 (2)
OLCC 3-2025, amend filed 11/20/2025, effective 01/01/2026
OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02
OLCC 14-1991, f. 9-30-91, cert. ef. 1-1-92
LCC 2-1981, f. 7-1-81, ef. 1-1-82

Or. Admin. R. 845-004-0070 Screening and Selection Procedures for Personal Service Contracts

(1) Purpose: Department of Administrative Services Administrative Rules OAR 122-020-0005 through 122-041-0005 govern personal service contracts. Within these rules, the Commission is required to develop its own rule for screening and selecting procedures. This rule describes the Commission’s procedures.

(2) The Department of General Services in OAR 125-310-0092 defines personal service contracts as:

(a) Contracts for services performed as an independent contractor in a professional capacity, including but not limited to the services of an accountant; attorney; architectural or land use planning consultant; physician or dentist; registered professional engineer; appraiser or surveyor; passenger aircraft pilot; aerial photographer; timber cruiser; data processing consultant or broadcaster;

(b) Contracts for services as an artist in the performing or fine arts, including but not limited to persons identified as photographer, filmmaker, weaver, or sculptor;

(d) Contracts for services as a consultant;

(e) Contracts for educational and human custodial care services.

(3) The Commission’s Administrative Services Division contracts for the Commission. Before any personal service contract work is done, the Commission must have a written contract that complies with this rule and any applicable Department of Administrative Services rule.

(4) Contracting procedures: When the Commission proposes to contract, the Commission:

(a) Develops written justification for the contract based on OAR 122-020-0015(3) which says:

“An agency may contract for consultant services when the specialized skills, knowledge and resources to be provided by consultant are not available within the agency; when the work cannot be done in a reasonable time with the agency’s own work force; when an independent and impartial evaluation of a situation is required by a consultant with recognized professional expertise and stature in a field; or when it will be less expensive to contract for the work”;

(b) Develops the criteria the Commission will use to award the contract. These criteria may include:

(A) Contractors specialized experience and technical competence in relation to the service required;

(B) Contractors capability to perform the work, including any specialized services, within the time limitations;

(D) Overall cost of the service, as well as hourly rates.

(c) Selects appropriate contractor response format such as request for proposal, written bid, telephone bid. The Commission requires a minimum of three bids for contracts in amounts of $1,000 or more;

(d) Notifies prospective contractors and documents the notification method. The Commission will make special efforts to ensure that it notifies minority/female contractors;

(e) Reviews proposals and selects the best qualified contractor based on the award criteria.

(5) Contract Approval: Before the Commission awards the contract to the selected contractor:

(a) The Commissioners must first approve all personal service contracts of $5,000 or more at their monthly meeting. The Commissioners must approve amendments or extensions of person service contracts that exceed the authorized dollar amount at their monthly meeting. At their monthly meeting, the Commissioners will review a list of any personal service contracts that exceed $1,000 but are less than $5,000 that staff has entered into during the previous month;

(b) The Department of Administrative Services must approve contracts exceeding $1,000. The Department of Administrative Services has delegated to the Commission the authority to enter into contracts in the amounts up to $1,000 with an annual (fiscal year) limit for each contractor of $2,000;

(d) The Department of Administrative Services must approve amendments or extensions of personal service contracts that exceed the authorized dollar amount;

(e) The Department of General Services must approve architectural or engineering service contracts;

(f) The Information Systems Division of the Department of Administrative Services must approve data processing contracts.

(6) Despite section (4) of this rule the Commission may contract with other government agencies for personal services without Department of Administrative Services approval. The Commission must, however, follow the other requirements of this rule and any applicable Department of Administrative Services rules.

(7) In an emergency the Commission may bypass the requirements of section (4) of this rule. The Commission must justify this action in writing. The Commission will keep the explanation in the personal service contracts file and will provide a copy to the Department of Administrative Services.

(8) Despite subsection (5)(a) of this rule, the Administrator, in consultation with the Commission chairperson, may approve personal service contracts between $5,000 and $25,000 in an emergency. The Administrator will bring the contract with an explanation of the emergency to the next Commission meeting for ratification.

History

Statutory/Other Authority: ORS 471 & 472, including 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d)
Statutes/Other Implemented: ORS 291.021
OLCC 1-1991, f. 3-1-91, cert. ef. 4-1-91
OLCC 11-1990, f. 6-4-90, cert. ef. 7-1-90
OLCC 3-1989, f. 3-31-89, cert. ef. 4-1-89
LCC 6-1985, f. 5-3-85, ef. 7-1-85
LCC 15-1983, f. 12-27-83, ef. 1-1-84

Or. Admin. R. 845-004-0075 Public Contracting

The Commission adopts the Attorney General’s Model Rules for Public Contracting effective August, 1990, by reference as a permanent rule of the Oregon Liquor and Cannabis Commission.

History

Statutory/Other Authority: ORS 471 & 472, including 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d)
Statutes/Other Implemented: ORS 279.049
OLCC 14-2021, minor correction filed 08/02/2021, effective 08/02/2021
LCC 3-1986, f. 2-6-86, ef. 4-1-86

Or. Admin. R. 845-004-0100 Production of Alcohol for Fuel

ORS 471.403 prohibits the distilling of alcoholic liquor without a license. Producers of alcohol for fuel will not violate ORS 471.403 if they comply with the following requirements:

(1) Any person who produces motor fuels containing distilled spirits must possess a Federal Alcohol Fuel Producer’s Permit, pursuant to Title 27, CFR, Section 19.935, and must comply with all pertinent federal regulations in effect as of January 1, 1984.

(2) Prior to beginning operation, the person must furnish the Commission with a copy of the Alcohol Fuel Producer’s Permit and a copy of the application for the permit.

(3) Alcohol produced or held under the permit may not be used, sold or made available for human consumption.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 471 & 472, including 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d)
Statutes/Other Implemented: ORS 471.205 & 471.730(8)
OLCC 6-2003, f. 4-25-03, cert. ef. 5-1-03
LCC 1-1984, f. & ef. 4-3-84
LCC 14-1979, f. 8-27-79, cert. ef. 8-29-79, Renumbered from 845-010-0785

Or. Admin. R. 845-004-0101 Industrial Alcohol Authority

(1) Definitions. For this rule:

(a) “Denatured alcohol” means ethanol (ethyl alcohol) with additives for the purpose of making it unfit for human consumption. Denatured alcohol is not considered an alcoholic beverage or alcoholic liquor under ORS 471.001(1).

(b) “Non-denatured alcohol” means alcohol as defined in ORS 471.001(1).

(2) Denatured alcohol may be imported into Oregon and stored, possessed, sold, purchased, transferred, shipped, delivered, and transported in Oregon without an Industrial Alcohol Authority or license from the Commission.

(3) A person without a distillery license issued under ORS 471.230 may not manufacture non-denatured alcohol but may obtain an Industrial Alcohol Authority to:

(a) Import into Oregon and store 190 to 200 proof non-denatured alcohol without a distillery licensed issued under ORS 471.230 if the person also holds a certificate of approval issued under ORS 471.251.

(b) Convert non-denatured alcohol into denatured alcohol.

(d) Acquire 80 to 200 proof non-denatured alcohol from the holder of an Industrial Alcohol Authority.

(e) Use 80 to 200 proof non-denatured alcohol for scientific, pharmaceutical, manufacturing, mechanical, and industrial purposes.

(4) Application. Applicants for an Industrial Alcohol Authority must apply in writing using the application form provided by the Commission. The Commission may require additional forms, documents, or information as part of the application. The Commission may refuse to process any application not complete or not accompanied by the documents or disclosures required by the form or the Commission.

(5) The Commission may refuse to issue an Industrial Alcohol Authority, and may cancel or revoke the Industrial Alcohol Authority, if the person makes a false statement to the Commission or uses or proposes to use the alcohol other than for scientific, pharmaceutical, manufacturing, mechanical, or industrial purposes.

(6) A person may hold both a distillery license issued under ORS 471.230 and an Industrial Alcohol Authority.

(7) A person with an Industrial Alcohol Authority must keep a record of all non-denatured alcohol imported into Oregon including the date and amount of all alcohol imported. These records must be kept for a minimum of two years from the date the alcohol was imported into Oregon. The authority holder must allow the Commission to audit the authority holder’s records upon request and shall make those records available to the Commission in Oregon no later than 60 days after the Commission mails the notice.

History

Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.404 & 471.730(8)
OLCC 4-2015, f. 12-22-15, cert. ef. 2-1-16
OLCC 2-2015(Temp), f. 8-4-15, cert. ef. 8-5-15 thru 1-31-16
OLCC 13-2004, f. 11-18-04, cert. ef. 1-1-05
OLCC 16-1999, f. 11-2-99, cert.ef. 12-31-99
OLCC 25-1990, f. 12-19-90, cert. ef. 2-1-91

Or. Admin. R. 845-004-0120 Investigative Subpoenas and Oaths

(1) Purpose. ORS 471.760 allows the Commissioners and any of their authorized agents to issue subpoenas and administer oaths. The Commissioners delegate authority to the Administrator and Deputy Administrator to issue investigative subpoenas, and authorize the Administrator to delegate that authority to selected staff. This rule defines the circumstances under which the Commission issues investigative subpoenas and administers oaths. This rule does not concern subpoenas issued and oaths administered by Administrative Law Judges in the contested case process. For purposes of this rule, the term “records” includes videotapes, DVDs, audiotapes, CDs, and other media used to capture or record information and activities.

(2) At any time during a license application, Service Permit application, or alleged liquor law violation investigation, the Administrator or Deputy Administrator may issue:

(a) An investigative subpoena for books, payrolls, accounts, papers, documents or records under the following circumstances:

(A) It appears to the Administrator or Deputy Administrator the information may be helpful to make a decision about a liquor license application, Service Permit application, or alleged liquor law violation; and

(B) The applicant, licensee or Service Permittee cannot or will not provide the book, payroll, account, paper, document or record; the investigation might be compromised by asking the licensee or applicant for the book, payroll, account, paper, document or record; or the person in possession of the book, payroll, account, paper, document or record requires a subpoena for its release.

(b) An investigative subpoena to any person requiring the person to give a sworn statement. The Administrator or Deputy Administrator may issue a subpoena whenever compelling a sworn statement may be helpful in making a decision about a liquor license application, Service Permit application, or alleged liquor law violation. Investigators, Inspectors, Regional Coordinators and Regional Managers may conduct interviews of subpoenaed witnesses under oath.

(3) During a liquor license application, Service Permit application, or alleged liquor law violation investigation, an Investigator, Inspector, Regional Coordinator or Regional Manager may administer an oath to a person making a voluntary statement.

History

Statutory/Other Authority: ORS 471 including 471.030, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.760
OLCC 6-2005, f. 10-19-05, cert. ef. 11-1-05
OLCC 16-1997, f. 7-24-97, cert. ef. 9-1-97

Division 5 CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES

Or. Admin. R. 845-005-0301 Purpose and Interpretation

(1) ORS 471.313 is the primary statute that gives the reasons for which the Commission may deny an alcoholic beverage license application. The rules in this Division describe how the Commission applies these and other licensing-related statutes in granting, denying, modifying or renewing alcoholic beverage licenses and related privileges.

(2) The Commission liberally applies these rules to:

(a) Minimize health or safety problems caused by the use and abuse of alcoholic beverages;

(b) Encourage moderation in the use of alcoholic beverages;

(d) Prevent access to alcoholic beverages by minors;

(e) Provide the opportunity for public participation in license decisions;

(f) Provide guidelines for local governments in making recommendations to the Commission;

(g) Ensure availability of alcoholic beverages to the public.

History

Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.313
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0302 Regular License

As used in OAR chapter 845, regular license means any license that may be issued for an annual period.

History

Statutory/Other Authority: ORS 471, 471.030, 471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.292 & 471.730(5)
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0304 Local Government Recommendations: Requirements for Local Governments and License Applicants for Issuance of a License

(1) ORS 471.166 provides that the Commission may take into consideration a local government’s timely written recommendation on the issuance of a license, and allows the Commission to extend by rule the time allowed a local government to render its written recommendation.

(2) If the local government has not provided a written recommendation to the Commission within the time frames allowed by section (4) of this rule, the Commission shall proceed as if the local government has made a favorable recommendation.

(3) The Commission requires an applicant for issuance of a new license issued under ORS chapter 471 to provide written notice of the application to the local government in the form of a complete, accurate, and legible Commission’s local government recommendation form or in a format approved by the local government that meets Commission standards. The local government is as follows:

(a) If the address of the premises proposed to be licensed is within a city’s limits, the local government is the city.

(b) If the address of the premises proposed to be licensed is not within a city’s limits, the local government is the county.

(4) A local government has up to 45 days from the date it receives the notice pursuant to section (3) to provide a written recommendation to the Commission. If within the 45 day time period the local government files with the Commission a written request that meets the requirements of section (5) this rule, the Commission shall allow the local government an additional 45 days within which to render its written recommendation on the license application.

(5) The local government’s written request must set forth the reason additional time is needed, state that the local government is considering making an unfavorable recommendation, and state the specific grounds being considered toward an unfavorable recommendation. Valid grounds for an unfavorable recommendation are stated in OAR 845-005-0308(3).

(6) For the purposes of this rule an unfavorable recommendation is a recommendation to deny a license or to issue a restricted license.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5)
Statutes/Other Implemented: ORS 471.166
OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 22-2003, f. 12-16-03, cert. ef. 1-1-04
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0308 Valid Bases for Adverse Local Government Recommendations and for Commission Use of Information Received from the Public

(1) ORS 471.166(1) authorizes the Commission to take into consideration the recommendation of the local governing body before granting or denying a license. ORS 471.166(5) requires the Commission to state by rule the valid grounds for a local governing body’s unfavorable recommendation on any license application, and requires the Commission to limit valid grounds to those considered by the Commission in making an unfavorable determination on a license application.

(2) For purposes of this rule an unfavorable determination is license refusal or license restriction.

(3) For the unfavorable recommendation of a local governing body to be valid, the grounds must be found in the license refusal bases of ORS 471.313(1)(d)-(e), OAR 845-005-0320, 845-005-0325 or 845-005-0326, or the license restriction bases of 845-005-0355, and must be supported by reliable factual information.

(4) Organizations, facilities, government agencies, or individuals may give the Commission reliable factual information concerning whether there is a basis to grant or deny a license or to impose license restrictions under the laws specified in section (3) of this rule. Reliable factual information includes personal observations of activities in or around the proposed licensed location, as opposed to opinion, hearsay, feelings, beliefs or speculation.

History

Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5)
Statutes/Other Implemented: ORS 471.166 & 471.313
OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0311 True Name on Application; Interest in Business

(1) Definitions.

(a) “Licensee of record” means an individual or entity who the Commission has listed on the license certificate as a license holder for a license. There may be more than one licensee of record for the same license.

(b) “Entity” means an association, corporation, limited liability company, partnership, trust, or any similar entity that has legal standing under the laws of Oregon or another state within the United States.

(2) True name on application. An application for a license must include as an applicant all persons who have an ownership interest in the business as defined in this rule. Despite this requirement, the Commission may waive the type of ownership interests specified in section (6) of this rule.

(3) License privileges. License privileges are available only to a licensee of record and only for the premises designated on the license certificate

(4) Ownership Interest. Under ORS 471.313(1)(d)(H), the Commission may refuse to issue a license if an applicant is not the owner of the business proposed to be licensed or an undisclosed ownership interest exists. For purposes of this rule, an “ownership interest” is indicated by the following behaviors, benefits or obligations:

(a) Unless allowed by a waiver of the ownership interest under (6) of this rule, any person or entity, other than an employee, agent, or representative of the applicant or licensee acting under the direction of the applicant or licensee, that exercises control or responsibility over, or is entitled to exercise control or responsibility over, the business or the premises;

(b) Any person or entity, other than an employee, agent, or representative of the applicant or licensee acting under the direction of the applicant or licensee, that incurs, or is entitled to incur, debt or similar obligations on behalf of the business;

(c) Any person or entity, other than an employee, agent, or representative of the applicant or licensee acting under the direction of the applicant or licensee, that enters into, or is entitled to enter into, a contract or similar obligations on behalf of the business;

(d) Unless allowed by a waiver of the ownership interest under (6) of this rule, any person or entity, other than an employee, agent, or representative of the applicant or licensee acting under the direction of the applicant or licensee, who exercises or is entitled to exercise at the premises any activity requiring a license under ORS chapter 471;

(e) Unless allowed by a waiver of the ownership interest under (6) of this rule, any person or entity identified as a lessee, tenant, or renter (or similar term) of the premises proposed to be licensed;

(f) Unless allowed by a waiver of the ownership interest under (6) of this rule, any person or entity owning the real or personal property of the premises proposed to be licensed, unless the owner of the property has given control over the property to another party via a lease or rental agreement or similar agreement; or

(g) When an applicant is an entity, any person in that entity defined as an applicant or licensee under Commission rules.

(5) Financial Interest. Under ORS 471.757, the Commission may require the licensee or applicant to identify the persons and entities with a financial interest in the business. The Commission may evaluate any such person as if the person were the actual licensee or license applicant. If that evaluation reveals any circumstances that would support grounds for the denial, cancellation or suspension of such a license or license application, the Commission may deny, cancel or suspend the license of the actual licensee or issue the license with restrictions. For purposes of this rule, a “financial interest” exists if the performance of the business causes, or is capable of causing, a person or entity to benefit or suffer financially. Examples of a financial interest include, but are not limited to:

(a) A licensee;

(b) An employee or agent who receives out-of-the-ordinary compensation. “Out-of-the-ordinary compensation” includes both over- and under- compensation;

(d) Any person who rents or leases personal property to a licensee or applicant for use in the business for a commercially unreasonable rate;

(e) Any person who lends money, real property or personal property to a licensee or applicant for use in the business;

(f) Any person who gives money, real property or personal property to a licensee or applicant for use in the business.

(g) A spouse or domestic partner of a licensee, or individual with a financial interest. For purposes of this subsection, “domestic partners” includes adults who share the same regular and permanent address and would be financially affected by the success or failure of the business as well as adults who qualify for a “domestic partnership” as defined under ORS 106.310.

(h) Any person with any ownership of an entity who is an applicant or licensee under Commission rules.

(i) Any person who sells a business interest to a licensee or applicant where the licensee or applicant has a purchase agreement which includes that the licensee or applicant is purchasing the business interest on an installment basis or that gives the seller a continuing interest in the business’s property, income, sales, or debts.

(6) Despite subsections (3) – (4) of this rule, the Commission may waive:

(a) The ownership interest of a non-applicant who has a right of access to a common area shared with an applicant or licensee; however, the non-applicant does not manage or control the sale, service, or manufacturer of alcoholic beverages in the common area. For purposes of this rule, “common area” means an area on private property that is adjacent to or in the immediate vicinity of an area leased or rented by one or more tenants and it is an area that is equally available to multiple tenants and/or the landlord for various uses.

(b) The ownership interest of a non-applicant who manages or controls, or is responsible for managing or controlling, the premises or aspects of the business at the premises provided the management or control does not involve, directly or indirectly, the sale, service, or manufacture of alcoholic beverages at the premises, or importation of alcoholic beverages to the premises, and there is at least one other party licensed at the premises who is listed by the Commission on the license certificate as a license holder for a license. Examples of non-applicants who may qualify for a waiver under this section include:

(A) Operators selling and serving food, nonalcoholic beverages, and other nonalcoholic items on the premises; or

(B) Operators who lease, rent, or otherwise occupy a portion of the licensed premises in order to provide services as a part of the business that don’t involve the sale, service, or manufacture of alcoholic beverages on the license premises.

(c) The ownership interest of a non-applicant who holds, or will hold, its own manufacturing or wholesaling license issued under ORS chapter 471 at the premises. For purposes of this subsection, a brewery-public licensee is a manufacturer.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5)
Statutes/Other Implemented: ORS 471.757 & 471.313
OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025
OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 15-2019, minor correction filed 12/05/2019, effective 12/05/2019
OLCC 8-2019, amend filed 06/25/2019, effective 07/01/2019
OLCC 15-2013, f. 12-12-13, cert. ef. 1-1-14
OLCC 1-2011, f. 2-23-11, cert. ef. 3-1-11
OLCC 9-2008, f. 6-12-08, cert. ef. 7-1-08
OLCC 9-2002, f. 6-12-02 cert. ef. 7-1-02
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 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

(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 an individual, or one or more parties who are an applicant or licensee for the same license at the same premises, declares in writing to the Commission that the individual has relinquished control of the day-to-day operation of the business. Relinquishing control includes not making decisions that directly impact the sale and service of alcohol and not managing or controlling the sale or service of alcohol or directly supervising any person who sells or serves alcohol. An individual who declares in writing they have relinquished control under this rule who later resumes control of day-to-day operation of the business agrees to notify the Commission of their change of control upon resumption of control.

(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.

(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.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5)
Statutes/Other Implemented: ORS 471.311
OLCC 5-2025, amend filed 11/20/2025, effective 01/01/2026
OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 16-2004, f. 12-22-04, cert. ef. 1-1-05
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 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 for a license that authorizes the sale or service of alcoholic beverages for consumption on the premises and intends to do so; and

(a) Does not hold a valid service permit or a valid temporary service permit under ORS 471.375; and

(b) Has not designated as part of their initial application an alcohol service permit designee, defined as an individual who holds a valid service permit or valid temporary service permit and is authorized by the applicant to exercise control or responsibility over setting, implementing and changing the applicant’s practices for selling and serving alcoholic beverages at the premises.

(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.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5)
Statutes/Other Implemented: ORS 471.168, 471.313, 2024 OL Ch. 40 Sec. 8 & 2024 OL Ch. 40 Sec. 9
OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025
OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 6-2009, f. 6-22-09, cert. ef. 7-1-09
OLCC 12-2008, f. 10-13-08, cert. ef. 11-1-08
OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0321 Additional License Refusal Reasons for a Full On-Premises Sales License for a Nonprofit Private Club

(1) ORS 471.175 allows the Commission to issue a full on-premises sales license to a nonprofit private club as described in 471.175. This rule sets criteria to refuse to issue or renew a Full On-Premises Sales License for a Nonprofit Private Club. These criteria are in addition to other refusal criteria set out in ORS Chapter 471 and OAR chapter 845 divisions 5 and 6.

(2) Definitions. For this rule:

(a) “Auxiliary Member” means a living individual that has met the eligibility requirements as set out in the nonprofit corporation’s bylaws to be an auxiliary member and has been designated as an auxiliary member with certain limited membership privileges by the nonprofit corporation.

(b) “Full Member” means a living individual that has met the eligibility requirements as set out in the nonprofit corporation’s bylaws to be a full member and has been designated as a full member by the nonprofit corporation. A full member must pay dues to the club, have full-time membership privileges equal to all other full members of the club, and be entitled to vote in all elections for directors of the nonprofit corporation licensee of the club.

(c) “Nonmember” means an individual who is not a full member or auxiliary member and who is at the club for the purpose of benefiting from the club’s services or facility.

(d) “Nonprofit Corporation” means a mutual benefit corporation, a public benefit corporation, or religious corporation as defined in ORS Chapter 65.

(3) The Commission may refuse to issue or renew a Full On-Premises Sales License for a Nonprofit Private Club when the applicant:

(a) Is not a nonprofit corporation currently registered as such with Oregon’s Office of the Secretary of State; or

(b) At the time of initial application for licensure, has not been registered as a nonprofit corporation with Oregon’s Office of the Secretary of State for a minimum of one year immediately prior to the date of the application; or

History

Statutory/Other Authority: ORS 471.030, 471.040, ORS 471.175, 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 471.175
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 13-2010, f. 10-18-10, cert. ef. 11-1-10
OLCC 6-2009, f. 6-22-09, cert. ef. 7-1-09

Or. Admin. R. 845-005-0322 Additional License Refusal Reasons for a Full On-Premises Sales License for a For-Profit Private Club

ORS 471.175 allows the Commission to issue a full on-premises sales license to a for-profit private club as described in the definition of a “commercial establishment” in ORS 471.001(2). This rule sets criteria to refuse to issue or renew a Full On-Premises Sales License for a For-Profit Private Club. These criteria are in addition to other refusal criteria set out in ORS Chapter 471 and OAR chapter 845, division 5.

(1) Definitions. For this rule and OAR 845-006-0495:

(a) “Member” means a living individual that has been accepted by the club as a member, pays dues to the club, and has full-time membership privileges.

(b) “Nonmember” means an individual who is not a member and who is at the club for the purpose of benefiting from the club’s services or facility.

(2) The Commission may refuse to issue or renew a Full On-Premises Sales License for a For-Profit Private Club when the applicant does not have a minimum of 100 members.

History

Statutory/Other Authority: ORS 471, 471.001, 471.030, 471.040, 471.175, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.001 & 471.175
OLCC 13-2010, f. 10-18-10, cert. ef. 11-1-10

Or. Admin. R. 845-005-0325 License Refusal Reasons: Applicant Qualifications

The Commission may refuse to license an applicant if any of the criteria in this rule apply. Upon a finding that a license should be refused, the Commission will consider intervening circumstances to determine whether the refusal basis is supported or overcome. The intervening circumstances may have occurred before or after the incident or incidents that are relevant to the specific criterion. The intervening circumstances may be weighed in favor of the applicant, weighed against the applicant, or weighed neither for nor against the applicant. The criteria are as follows:

(1) The applicant has a recent history or record of using alcohol or controlled substances to excess. Some of the records the Commission may use to evaluate this criterion include: court documents; Department of Motor Vehicles reports; police records; or medical records. Some of the intervening circumstances the Commission considers in determining whether the refusal basis is supported or overcome include: successful participation in treatment program(s); severity of the applicant’s record; passage of time since last relevant incident; and the applicant’s previous record of compliance with the laws and rules of the Commission.

(2) The applicant has been convicted of violating any general or local law of this state, or any other state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license. In determining whether the applicant presents an acceptable future risk of compliance, the Commission will consider applicable intervening circumstances that have occurred before or after the relevant incident or incidents.

(a) Definitions. For this subsection:

(A) “Compliance risk factors” means factors related to the individual’s moral character or that show the individual’s tendency to disobey laws, rules, and regulations; such as probation and parole violations and non-relevant convictions.

(B) “Relevant conviction” means a conviction that involved violence or the threat of violence; dishonesty or deception; drugs, alcohol, or other regulated substances; or a conviction as a felon in possession of a weapon.

(i) The Commission receives written confirmation from the individual’s licensed treatment provider that the individual completed treatment that is related to a relevant conviction and the Commission has determined that the individual has not had another conviction for a similar incident since the completion of the treatment; or

(ii) The individual is still in a treatment program that is related to a relevant conviction; however, the Commission receives written confirmation from the individual’s licensed treatment provider that the individual has demonstrated sufficient success towards stopping the behavior that led to the conviction and the Commission has determined that the individual has not had another conviction for a similar incident since the date the provider determined that the individual demonstrated sufficient success towards stopping the behavior that led to the conviction.

(b) Upon the Commission’s determination that a basis to refuse the application has been established under this criterion, the Commission may consider the following intervening circumstances and may consider other intervening circumstances, depending on the facts of the case:

(A) Passage of time from the date of the most recent incident that led to a relevant conviction or from the date of the most recent compliance risk factor, whichever date is later. In calculating the passage of time, the Commission does not count time spent incarcerated after the date of the most recent incident that led to a relevant conviction or after the date of the most recent compliance risk factor, whichever date is later.

(B) Compliance risk factors.

(D) The severity of the individual’s relevant conviction record as shown by both the number of convictions and whether a conviction was a felony or non-felony.

(E) The individual’s record of compliance with the Commission.

(3) The applicant provides material false or misleading information to the Commission or omits material information that should have been provided to the Commission. Upon the Commission’s determination that a basis to refuse the application has been established under this criterion, the Commission may consider the following intervening circumstances and may consider other intervening circumstances, depending on the facts of the case:

(a) The number of false statements or omissions.

(b) Whether or not false statements or omission were repeated.

(d) If there are language or other communication issues between the applicant and the Commission.

(e) If the applicant has been warned or cautioned about the need for truthfulness.

(4) The applicant is under 21 years of age. The applicant may establish a basis to overcome this criterion by demonstrating that the applicant will not participate in the management or control of any alcohol-related business decisions or any employees responsible for the sale or service of alcoholic beverages.

(5) The applicant does not have a good record of compliance with ORS Chapter 471, 473, 474, 475C, or any rules adopted thereunder. Upon the Commission’s determination that a basis to refuse the application has been established under this criterion, the Commission may consider the following intervening circumstances and may consider other intervening circumstances, depending on the facts of the case:

(a) The passage of time since the most recent violation.

(b) The seriousness of the applicant’s violation record.

(d) Whether the applicant immediately implemented control measures that effectively prevented future violations.

(e) Whether a violation was aggravated or mitigated.

(f) The applicant’s acceptance of any relevant license restriction.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5)
Statutes/Other Implemented: ORS 471.313
OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 4-2022, minor correction filed 02/25/2022, effective 02/25/2022
OLCC 11-2019, amend filed 07/22/2019, effective 09/01/2019
OLCC 7-2014, f. & cert. ef. 8-15-14
OLCC 8-2012, f. 10-30-12, cert. ef. 11-1-12
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0326 License Not Demanded by Public Interest or Convenience

ORS 471.313(1) allows the Commission to deny a license that public interest or convenience does not demand. The following are some of the public interest or convenience reasons for which the Commission may deny a license unless intervening circumstances exist to overcome the criteria:

(1) Proximity to Facilities:

(a) The licensed premises:

(A) Will be located within 500 feet within a city’s limits or within 1,500 feet outside a city’s limits of the boundary (measured property line to property line) of a licensed child care facility, elementary or secondary school, a church, a hospital, nursing care facility or convalescent care facility, a park or children-oriented recreational facility, or alcohol and other drug treatment or rehabilitation facility; and

(B) The facility shows the exercise of the license privileges at the licensed premises will interfere or conflict with the specialized activities of the facility.

(b) Some of the intervening circumstances the Commission considers in determining whether the refusal basis is supported or overcome is the applicant’s control plan addressing its willingness and ability to control the proposed premises and patrons’ behavior in the immediate vicinity of the premises.

(c) This criterion does not apply to renewal applications or to changes of ownership with no change in license privileges or operation.

(2) Problem Areas:

(a) The licensed premises will be located in an area that, within 500 feet of the premises and in the past 12 months, has at least 50 documented incidents of public drunkenness, fights, altercations, harassment, unlawful drug sales, alcohol-related litter, trespassing on private property, or public urination. These problems need not be alcohol-related;

(b) Some of the intervening circumstances the Commission considers in determining whether the refusal basis is supported or overcome are:

(A) The applicant’s control plan showing that alcoholic beverage sale or service at the premises will not contribute to the problems, and

(B) The applicant’s control plan addressing its willingness and ability to control the proposed premises and patrons’ behavior in the immediate vicinity of the premises.

(c) This criterion does not apply to renewal applications or to changes of ownership with no change in license privileges or operation.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 471.313
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 2-2007, f. 2-20-07, cert. ef. 3-1-07
OLCC 12-2004, f. 10-15-04 cert. ef. 11-1-04
OLCC 12-2001, f. 12-18-01, cert. ef. 1-1-02
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0332 Tour Boat License

(1) ORS 471.182 allows the Commission to issue a Full On-Premises Sales license to a tour boat owner or operator. The statute also allows the Commission to waive a regulation for a tour boat operator or owner that would otherwise apply to a commercial establishment.

(2) The Commission may allow more than one tour boat to be operated under one Full On-Premises Sales license if:

(a) The licensee owns or leases the tour boats. The Commission does not license a tour boat operator's agent or representative;

(b) Each boat is a "tour boat" as defined by ORS 471.182(2)(c);

(c) The licensee notifies the Commission in writing at least 10 days before adding an additional tour boat to be operated under the license;

(d) The licensee meets all applicable licensing criteria.

(3) Requirements for boats that will be in Oregon waters 90 days or less in a calendar year:

(a) Law Orientation. The applicant or their legal representative must affirm in writing that they have read the OLCC Law Orientation for Retailers.

(b) The applicant or service permit designee, as defined in OAR 845-005-0320, must possess a valid service permit or a valid temporary service permit.

(c) Except for those covered by subsection (3)(b), the Commission waives the service permit requirement for alcohol servers on tour boats and for those who supervise the sale or service of alcohol, as long as the applicant, licensee or service permit designee has affirmed in writing that all alcohol servers, and those who supervise the sale of service of alcohol, have read the OLCC brochure, "What Every Volunteer Alcohol Server Needs to Know" prior to serving or selling alcohol on the tour boat.

(d) Minor Postings. The Commission generally does not assign minor postings. However, the Commission instructs tour boat licensees that minors must not be in areas with drinking environments during the hours that drinking predominates.

(4) Requirements for boats that will be in Oregon waters over 90 days in a calendar year:

(a) Law Orientation. The applicant or their legal representative must affirm in writing that they have read the OLCC Law Orientation for Retailers.

(b) The applicant or their service permit designee, as defined in OAR 845-005-0320, must possess a valid service permit or temporary service permit.

(c) The licensee, applicant, or their service permit designee must ensure that all employees or persons engaged in the sale or service of alcohol, or supervising the sale or service of alcohol, possess a service permit or a temporary service permit.

(d) Minor Postings. The Commission assigns minor postings according to the Minor Posting rule, OAR 845-006-0340.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5)
Statutes/Other Implemented: ORS 471.182
OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025
OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0336 Certificate of Authority Holder’s Sales Employees

For the purposes of ORS 471.162(3), a Certificate of Authority holder is a licensee of the Commission authorized to sell and ship malt beverages and wine to licensed Oregon wholesalers. Employees of a Certificate of Authority holder may sell alcoholic beverages on the employers behalf to licensed Oregon wholesalers.

History

Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.162(3)
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0355 Restricting License Privileges and Conduct of Operations

(1) The Commission may restrict a license, service permit, or temporary service permit when:

(a) In the absence of a restriction, the Commission has a basis to cancel, suspend/fine or deny the license, service permit, or temporary service permit;

(b) In addition to all or part of a suspension or fine, a restriction may prevent the recurrence of the problem(s) that caused the violation(s);

(d) The Commission has a basis to refuse the license and the applicant or licensee has submitted a qualifying control or operating plan as good cause to overcome the refusal basis. In these circumstances the Commission shall impose as restrictions those elements of the control or operating plan that the Commission determines are essential to overcoming the refusal basis.

(2) In determining public interest or convenience reasons to restrict a license or permit, the Commission considers factors that include but are not limited to:

(a) The character or environment of the neighborhood in which the licensed premises operate;

(b) The need to eliminate or prevent conditions that have contributed to or that the Commission reasonably believes will contribute to liquor or criminal law violations by the licensee, patrons of the licensed premises or the public, including conditions that have or are likely to contribute to noise, music or sound vibrations from inside or outside the premises that a reasonable person would consider excessive or obtrusive; or

(3) The Commission has determined that it is not in the public interest or convenience to issue or renew:

(a) A license that allows off-premises sales in an area frequented by street drinkers, unless the Commission restricts the sales of the alcoholic beverages associated with street drinkers;

(b) A license to a relative or associate of a person whose license was cancelled, surrendered or not renewed because of problems at the premises that involved the person, unless the Commission restricts the relative or associate from permitting the person from being on the premises;

(c) A license or permit to a person who has a recent history or record of alcohol or drug problems, unless the Commission requires the person to complete an alcohol/drug treatment program and follow the program's recommendations regarding alcohol/drug use or to abstain from alcohol/drug use.

(4) When the Commission restricts a license, service permit, or temporary service permit, it notifies the licensee or permittee. If the licensee or permittee disagrees with the license or permit restriction, the licensee or permittee has the right to a hearing under the procedures in ORS Chapter 183; OAR chapter 137, division 3; and chapter 845, division 3.

(5) A licensee or permittee who has a restricted license or permit must exercise license or permit privileges only in compliance with the restriction(s). Failure to comply with the restriction(s) is a Category I violation.

(6) A restriction remains in effect until the Commission removes it. The licensee or permittee may ask the Commission to remove or modify a restriction. The written request must explain why the licensee or permittee believes the Commission should remove or modify the restriction. The Commission will notify the licensee or permittee, in writing, of its decision to approve or deny the request and the basis for its decision. If the Commission denies the request, the licensee or permittee has the right to a hearing under the procedures in ORS Chapter 183; OAR chapter 137, division 003; and chapter 845, division 003.

(7) As used in subsections (2)(c) and (3)(a) of this rule, "street drinkers" means people who drink unlawfully in streets, alleys, parks and other similar public places.

(8) As used in subsection (2)(b) of this rule, "conditions" means conditions in the immediate vicinity of the premises that are related to the exercise of the license privileges and conditions in the premises or in the areas around the premises that the applicant/licensee controls.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1), 471.730 (5), 471.385 & 2024 OL Ch.40 Sec. 13
Statutes/Other Implemented: ORS 471.313 & 471.405 (1)
OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025
OLCC 2-2011, f. 2-23-11, cert. ef. 3-1-11
OLCC 13-2006, f. 10-19-06, cert. ef. 12-12-06
OLCC 7-2006(Temp), f. & cert. ef. 6-15-06 thru 12-11-06
OLCC 6-2001, f. 8-15-01, cert. ef. 9-1-01
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0360 License Renewal: Requirement for Applicants

(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, allow the licensee to continue 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, allow the licensee 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 submitted and affirmed by the applicant or authorized representative, 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 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 pay to the local government 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.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5)
Statutes/Other Implemented: ORS 471.155, 183.430, 471.311, 471.313 & 471.168
OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 7-2001, f. 8-15-01, cert. ef. 8-18-01
OLCC 1-2001, f. 2-14-01, cert. ef. 2-19-01 thru 8-17-01
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0365 Change of Licensee; Change of Location; Change of Service Permit Designee

(1) The Commission may allow a change of licensee at a licensed business. The proposed new owner must apply for a new license.

(2) The Commission may allow a change of location of a licensed operation. The licensee must apply for a new license for the new location.

(3) The Commission may allow a change to a licensee's service permit designee. To change the service permit designee, the licensee must appoint a new designee and give the Commission written notification of the change within 10 days of the appointment. All service permit designees must comply with all service permit designee statutes, rules and policies.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5)
Statutes/Other Implemented: ORS 471.313, 471.292(1)(e), 471.292(2)(d), 471.311 & 2024 OL Ch. 40 Sec. 9
OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0366 License Surrender

(1) To surrender a license issued under ORS Chapter 471:

(a) A licensee must submit a written request to the Commission on a form and in a manner provided by the Commission; and

(b) The Commission must approve the request.

(2) The surrender of the license is effective on the date the Commission approves it.

(3) The effective date of the license surrender may be no earlier than the date the Commission receives it.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 471.030 & 471.292
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01, Renumbered from 845-005-0066
OLCC 17-1991, f. 10-31-91, cert. ef. 1-1-92

Or. Admin. R. 845-005-0400 Liquor Liability Insurance or Bond Requirement

Certain licensees are required to maintain liquor liability insurance or a bond. Failure to maintain the required liquor liability insurance or bond constitutes a serious threat to public health and safety. This rule explains the liquor liability insurance or bond requirement and sanctions.

(1) Requirement. The Commission will refuse to license any applicant, may cancel or suspend the license of any licensee, and may sanction any licensee that is subject to the requirements of this rule and fails to:

(a) Maintain liquor liability insurance of not less than $300,000 and designate and maintain the Commission as a certificate holder on the certificate of insurance;

(b) Maintain a liquor liability bond with a corporate surety authorized to transact business in this state in the amount of not less than $300,000; or

(c) If a governing body of a local public body, maintain self-insurance as allowed by ORS 30.282, maintain liquor liability insurance of not less than $300,000, or maintain a liquor liability bond with a corporate surety authorized to transact business in this state in the amount of not less than $300,000.

(2) Applicability. This rule applies to the following license types:

(a) Full on-premises sales license;

(b) Limited on-premises sales license;

(d) Temporary sales license, special events winery license, special events grower sales privilege license, special events brewery-public house license, special events brewery, and special events distillery licenses if the licensed event is open to the public and attendance at the event is anticipated to exceed 300 individuals per day; and

(e) Winery license, brewery license and grower sales privilege license unless the applicant or licensee submits an affidavit to the Commission stating consumption of alcoholic beverages will not occur on the licensed premises.

(3) Providing Proof of Insurance or Bond at Issuance of a License. An applicant for the issuance of a license listed in subsection (2) must provide to the Commission:

(a) Proof of Insurance. The applicant must provide to the Commission a certificate of insurance that shows the applicant as the named insured, the premises address, liquor liability insurance coverage in the amount of at least $300,000, that coverage is current, and lists the Commission as a certificate holder. Notwithstanding this requirement, the Commission may require an applicant for a license issued on a non-annual basis to provide to the Commission the name of the insurance company and insurance policy number;

(b) Proof of Bond. The applicant must provide to the Commission the corporate surety with a valid bond identification number; or

(c) Proof of Self-Insurance. When the applicant is the governing body of a local public body, the applicant may provide to the Commission proof of self-insurance as allowed by ORS 30.282.

(4) Providing Proof of Insurance or Bond at License Renewal. An applicant for the renewal of a license listed in subsection (2) must provide to the Commission prior to the Commission renewing the license:

(a) Proof of Insurance. The applicant must provide to the Commission the name of the insurance company and the insurance policy number. Notwithstanding this requirement, the Commission may require the applicant to provide a certificate of insurance showing the applicant as the named insured, the premises address, liquor liability insurance coverage in the amount of at least $300,000, that coverage is current, and lists the Commission as a certificate holder;

(b) Proof of Bond. The applicant must provide to the Commission the corporate surety and a valid bond identification number; or

(c) Proof of Self-Insurance. When the applicant is the governing body of a local public body, the applicant may provide to the Commission proof of self-insurance as allowed by ORS 30.282.

(5) Providing Proof of Insurance or Bond Other Than at Licensing or License Renewal.

(a) The licensee must maintain valid and current proof of insurance or bond as described in section (3) of this rule at the licensed premises and:

(A) Post the proof of insurance or bond in full public view; or

(B) Make the proof of insurance or bond available at any time for immediate inspection by any Commission employee.

(b) Failure to post or provide proof of insurance or bond as required in this section is a Category V violation, and if the licensee also has a lapse in insurance or bond coverage, the Commission may assess a separate sanction as per subsection (7) of this rule.

(6) Immediate Suspension. If a licensee fails to provide to the Commission proof of insurance or bond the Commission may immediately suspend the license pursuant to ORS 471.168. The Commission may rescind the Order of Immediate Suspension once the Commission determines that the licensee has provided proof of valid and current insurance or bond as per subsections (5 (a) and (7)(c) of this rule.

(7) Failure to maintain insurance or bond as required is a violation. The sanction for the first lapse in coverage within a two year period is as follows:

(a) If the lapse in coverage is no more than 30 days the sanction is $1,650 or a 10 day license suspension.

(b) If the lapse of coverage is 31 days to no more than 60 days the sanction is $4,950 or a 30 day license suspension.

(c) If the lapse of coverage is 61 days to no more than 90 days the sanction is $4,950 and a 90 day license suspension. In addition, the licensee must provide to the Commission proof of premium payment for at least a 12-month period for the statutory minimum insurance and/or bond limits set forth in ORS 471.168.

(8) The sanction for any lapse in coverage not described in section (7) is cancellation of the license.

(9) Aggravating or mitigating circumstances. In addition to the Commission’s other aggravating and mitigating circumstances, when the Commission discovers a lapse in coverage, the Commission may mitigate the sanction if the Commission determines that the cause for failure to maintain liquor liability insurance or bond as per subsection (1) of this rule was beyond the reasonable control of the licensee. One method for showing the cause for failure to maintain liquor liability insurance or bond was beyond the reasonable control of the licensee is for the Commission to determine that the licensee has provided sufficient proof to the Commission that the licensee has continued to pay for coverage during the period of the lapse.

(10) Cessation of Coverage. A licensee may elect not to maintain liquor liability insurance or bond coverage, but only if the licensee will cease the sale and service of alcohol and prohibit the consumption of alcoholic beverages on the licensed premises for at least 90 contiguous days and the licensee provides the Commission with prior written notice of the start and end date of the cessation of the sale and service of alcohol. Failure to notify the Commission is a Category IV violation and is in addition to separate violations that may be charged for operating without coverage.

History

Statutory/Other Authority: ORS 183.430, 471.030, 471.040, ORS 471.168, 471.313, 471.315, 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 471.168, 471.313(2) & 471.315(1)(a)(C)
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 3-2016, f. 2-29-16, cert. ef. 3-1-16
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0405 Full or Limited On-Premises Licensee Temporary Off-Premises Private Catered Events

(1) ORS 471.184 allows the holder of a Full On-Premises or Limited On-Premises license to cater temporary events at locations other than the licensee’s annually premises. This rule refers to these events as temporary off-premises private catered events. A Full On-Premises, Cater license under ORS 471.175(2)(e) is issued with general pre-approval from the Commission to conduct temporary off-premises private catered events. A licensee without general pre-approval from the Commission to conduct temporary off-premises private catered events must:

(a) Obtain general pre-approval from the Commission prior to conducting temporary off-premises private catered events; or

(b) Give the Commission specific written notice at least five calendar days prior to each temporary off-premises private catered event. The notice must include the event date, duration of the event, expected attendance, exact location, and a description of the type of event.

(2) At a temporary off-premises private catered event, the licensee may:

(a) Sell and serve the alcoholic beverages permitted by the license for on-premises consumption.

(b) Sell factory-sealed containers of wine, malt beverages, and cider at retail for consumption off the licensed premises.

(c) Sell, in securely covered containers supplied by the consumer and having a capacity of not more than two gallons each, wine, malt beverages, or cider for off-premises consumption.

(d) Deliver wine, malt beverages, and cider sold under (b) and (c) of this section to a resident of Oregon. Any deliveries must follow OAR 845-006-0392 and 845-006-0396.

(3) Definitions. For this rule:

(a) “Bar” means a counter at which the preparation, pouring, serving, sale, or consumption of alcoholic beverages is the primary activity;

(b) “Food counter” means a counter in an area in which minors are allowed and at which the primary activity at all times is the preparation, serving, sale, or consumption of food;

(d) “Serious violation history” means:

(A) Two or more category III or IIIa administrative violations of any type, or category IV violations involving minors. However, if the circumstances of a violation include aggravation, one violation may be sufficient; or

(B) One category I, II, or IIa administrative violation; or

(e) “Social game” means a game other than a lottery, if authorized by a local county or city ordinance pursuant to ORS 167.121, between players in a private business, private club, or place of public accommodation where no house player, house bank, or house odds exist and there is no house income from the operation of the social game.

(f) “Video lottery game” means a video lottery game terminal authorized by the Oregon State Lottery. Examples include but are not limited to video poker and video slots. Keno monitors are not considered a video lottery game.

(4) For purposes of this rule, temporary off-premises private catered events are events where:

(a) There is a contract between a client and the licensee to provide meals as required by OAR 845-006-0462 for a specific number of guests or participants;

(b) The event is not open to the general public;

(d) Alcoholic beverage service is only in conjunction with food service; and

(e) The provision of alcoholic beverages at the catered event must not be more than one license day’s duration unless the event is a closed conference or seminar.

(5) To obtain general pre-approval from the Commission for temporary off-premises private catered events, an applicant must submit the following forms, documents, and information to the Commission:

(a) A completed application form provided by the Commission containing all information and signatures required by the form.

(b) Confirmation of compliance with the food service standards of OAR 845-006-0462.

(A) Prevent problems and violations;

(B) Control patronage by minors as set out in this rule; and

(6) After an applicant has submitted the application materials required by subsection (5) of this rule, the Commission may:

(a) Require additional forms, documents, or information from the applicant where there is reason to believe that the forms, documents, or information are required by law or rule or may help the Commission determine the merits of an application or to otherwise perform its statutory duties.

(b) Inactivate the application at any time when the Commission determines:

(A) One or more of the required materials, forms, documents, or information are missing or are not complete, accurate, legible, or correct;

(B) The applicant fails to provide to the Commission all required materials, forms, documents, and information in a manner that are complete, accurate, legible, and correct within 10 calendar days of the Commission’s notice to the applicant;

(D) The applicant’s submission of the application materials did not allow the Commission sufficient processing time prior to the event date.

(7) A plan for managing patronage by minors under this rule must meet the following requirements:

(a) If the temporary off-premises private catered event will be on any part of a premises, room, or area with an annual license issued by the Commission, the Commission must be convinced that the plan will follow the minor posting and control plan, including any temporary relaxation or tightening of the minor posting, assigned to that premises, room, or area under the annual license. The Commission must also be convinced that the plan will prevent minors from gaining access to alcoholic beverages and any portion of the licensed premises prohibited to minors.

(b) If the temporary off-premises private catered event will not be on any part of a premises, room, or area with an annual license issued by the Commission, the Commission must be convinced that the plan will prevent minors from gaining access to alcoholic beverages and any portion of the licensed premises the Commission prohibits to minors.

(8) Minors are prohibited from the temporary off-premises private catered event licensed premises or portions of the temporary off-premises private catered event licensed premises as follows:

(a) Minors may not sit or stand at a bar; however, minors may sit or stand at a food counter;

(b) Minors may not be in an area where there are video lottery games, social games, or nude entertainment or where such activities are visible;

(9) The Commission may deny, cancel or restrict general pre-approval of temporary off-premises private catered events for any reason for which the Commission may deny, cancel or restrict a regular license.

(10) The Commission may deny, cancel, or restrict general pre-approval of temporary off-premises private catered events if the licensee has a serious violation history at temporary off-premises private catered events within the past 36 months.

(11) When the Commission approves a written plan under this rule, the licensee must follow that written plan. Failure to follow that written plan is a Category III violation.

(12) If the licensee fails to prevent minors from gaining access to alcoholic beverages or fails to prevent minors from gaining access to any portion of the temporary off-premises private catered event’s licensed premises prohibited to minors, the Commission may immediately prohibit minors from the licensed premises or portion(s) of the premises.

(13) When the Commission inactivates an application under this rule, the inactivation is not subject to the requirements of ORS chapter 183.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 471.184
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 22-2021, amend filed 12/30/2021, effective 01/01/2022
OLCC 1-2009, f. 3-17-09, cert. ef. 4-1-09
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0410 Full or Limited On-Premises Licensee Temporary Use of an Annual License Events

(1) ORS 471.184(2) allows the holder of a Full On-Premises or Limited On-Premises license to exercise the privileges of the license at temporary events held at locations other than the licensed premises. This rule refers to these events as temporary use of an annual license. The licensee must obtain approval from the Commission prior to conducting each temporary use of an annual license event.

(2) Definitions. For this rule:

(a) “Bar” means a counter at which the preparation, pouring, serving, sale, or consumption of alcoholic beverages is the primary activity;

(b) “Food counter” means a counter in an area in which minors are allowed and at which the primary activity at all times is the preparation, serving, sale, or consumption of food;

(c) “License day” means from 7:00 am until 2:30 am on the succeeding calendar day, or any part of a license day. The license fee as required by ORS 471.311 is per license day or any part of a license day.

(d) “Serious violation history” means:

(B) One category I, II, or IIa administrative violation; or

(3) At a temporary use of an annual license event, the licensee may:

(a) Sell and serve the alcoholic beverages permitted by the license for on-premises consumption.

(b) Sell factory-sealed containers of wine, malt beverages, and cider at retail for consumption off the licensed premises.

(c) Sell, in securely covered containers supplied by the consumer and having a capacity of not more than two gallons each, wine, malt beverages, or cider for off-premises consumption.

(d) Deliver wine, malt beverages, and cider sold under (b) and (c) of this section to a resident of Oregon. Any deliveries must follow OAR 845-006-0392 and 845-006-0396.

(4) An applicant for temporary use of an annual license must submit the following forms, documents, information, or fees to the Commission:

(a) A completed application form provided by the Commission containing all information and signatures required by the form, including but not limited to:

(A) The local government recommendation;

(B) Documentation from the local government that the applicant provided written notice to the local government; or

(C) Documentation from the local government that the applicant is not required to submit the application to the local government.

(b) The license fee as described in ORS chapter 471.311.

(d) A written plan the Commission determines adequately manages events to:

(A) Prevent problems and violations;

(B) Control patronage by minors as set out in this rule; and

(e) Identification of at least one individual responsible for managing the licensed premises.

(f) Identification of the premises or area proposed to be licensed.

(g) Confirmation of compliance with the food service standards of OAR 845-006-0462.

(h) Information regarding the type of event to be licensed, type and extent of entertainment to be offered, expected patronage overall and by minors, proposed hours of food service, and proposed hours of operation.

(5) The Commission will not approve more than seven license days on a single application. The Commission may limit approval of any application to a single license day or to any number of license days fewer than seven days.

(6) After an applicant has submitted the application materials required by subsection (4) of this rule, the Commission may:

(a) Require additional forms, documents, information, or fees from the applicant 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 to otherwise perform its statutory duties.

(b) At any time, inactivate the application when the Commission determines:

(A) One or more of the required materials, forms, documents, information, or fees are missing or are not complete, accurate, legible, or correct;

(B) The applicant fails to provide to the Commission all required materials, forms, documents, information, and 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;

(D) The applicant’s submission of the application materials did not allow the Commission sufficient processing time prior to the event date.

(7) A plan for managing patronage by minors under this rule must meet the following requirements:

(a) If the temporary use of an annual licensed premises will be on any part of a premises, room, or area with an annual license issued by the Commission, the Commission must be convinced that the plan will follow the minor posting and control plan, including any temporary relaxation or tightening of the minor posting, assigned to that premises, room, or area under the annual license. The Commission must also be convinced that the plan will prevent minors from gaining access to alcoholic beverages and any portion of the licensed premises prohibited to minors.

(b) If the temporary use of an annual licensed premises will not be on any part of a premises, room, or area with an annual license issued by the Commission, the Commission must be convinced that the plan will prevent minors from gaining access to alcoholic beverages and any portion of the licensed premises the Commission prohibits to minors.

(8) Minors are prohibited from the temporary use of an annual licensed premises or portions of the licensed premises as follows:

(a) Minors may not sit or stand at a bar; however, minors may sit or stand at a food counter;

(b) Minors may not be in an area where there are video lottery games, social games, or nude entertainment or where such activities are visible;

(9) The Commission may deny, cancel or restrict a temporary use of an annual license for any reason for which the Commission may deny, cancel or restrict a regular license.

(10) The Commission may deny or restrict a temporary use of an annual license if the applicant has a serious violation history within the past 36 months.

(11) When the Commission approves a written plan under this rule, the licensee must follow that written plan. Failure to follow that written plan is a Category III violation.

(12) If the licensee fails to prevent minors from gaining access to alcoholic beverages or fails to prevent minors from gaining access to any portion of the temporary use licensed premises prohibited to minors, the Commission may immediately prohibit minors from the licensed premises or portion(s) of the premises.

(13) When the Commission inactivates an application under this rule, the inactivation is not subject to the requirements of ORS chapter 183.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 471.184
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 22-2021, amend filed 12/30/2021, effective 01/01/2022
OLCC 16-2019, amend filed 12/27/2019, effective 01/01/2020
OLCC 1-2015, f. 8-4-15, cert. ef. 9-1-15
OLCC 1-2009, f. 3-17-09, cert. ef. 4-1-09
OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01

Or. Admin. R. 845-005-0412 Special Events Brewery License

(1) ORS 471.221 authorizes the Commission to issue a Special Events Brewery (SEB) license to an Oregon Brewery licensee. This rule sets the qualifications and requirements for an SEB license.

(2) Definitions.

(a) “Bar” means a counter at which the preparation, pouring, serving, sale, or consumption of alcoholic beverages is the primary activity;

(b) “Food counter” means a counter in an area in which minors are allowed and at which the primary activity at all times is the preparation, serving, sale, or consumption of food;

(d) “Serious violation history” means:

(B) One category I, II, or IIa administrative violation; or

(3) Only the holder of a Brewery license issued under ORS 471.221 may qualify for a SEB license. The SEB license is only for a location other than that designated as the Brewery licensee’s annually licensed premises and allows the licensee to:

(a) Sell and serve wine, malt beverages, and cider for on-premises consumption.

(b) Sell factory-sealed containers of wine, malt beverages, and cider at retail for consumption off the licensed premises.

(c) Sell, in securely covered containers supplied by the consumer and having a capacity of not more than two gallons each, wine, malt beverages, or cider for off-premises consumption.

(d) Deliver wine, malt beverages, and cider sold under (b) and (c) of this section to a resident of Oregon. Any deliveries must follow OAR 845-006-0392 and 845-006-0396.

(4) An applicant for an SEB license must submit the following forms, documents, information, or fees to the Commission:

(a) A complete application form provided by the Commission containing all information and signatures required by the form, including but not limited to:

(A) The local government recommendation;

(B) Documentation from the local government that the applicant provided written notice to the local government; or

(C) Documentation from the local government that the applicant is not required to submit the application to the local government.

(b) The license fee as described in ORS Chapter 471.311.

(d) A written plan the Commission determines adequately manages events to:

(A) Prevent problems and violations;

(B) Control patronage by minors as set out in this rule; and

(e) Identification of at least one individual responsible for managing the licensed premises.

(f) Identification of the premises or area proposed to be licensed.

(g) Confirmation of compliance with the food service standards of OAR 845-006-0465.

(5) The Commission will not approve more than five license days on a single application. The Commission may limit approval of any application to a single license day or to any number of license days fewer than five days.

(6) After an applicant has submitted the application materials required by subsection (4) of this rule, the Commission may:

(b) At any time, inactivate the application, and the inactivation is not subject to the requirements of ORS Chapter 183, when the Commission determines:

(A) One or more of the materials, forms, documents, information, or fees required by law or rule are missing or are not complete, accurate, legible, or correct;

(B) 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;

(D) The applicant’s submission of the application materials did now allow the Commission sufficient processing time prior to the event date.

(7) A plan for managing patronage by minors under this rule must meet the following requirements:

(a) If the SEB license will be on any part of a premises, room, or area with an annual license issued by the Commission, the Commission must be convinced that the plan will follow the minor posting and control plan, including any temporary relaxation or tightening of the minor posting, assigned to that premises, room, or area under the annual license. The Commission must also be convinced that the plan will prevent minors from gaining access to alcoholic beverages and any portion of the licensed premises prohibited to minors.

(b) If the SEB license will not be on any part of a premises, room, or area with an annual license issued by the Commission, the Commission must be convinced that the plan will prevent minors from gaining access to alcoholic beverages and any portion of the licensed premises the Commission prohibits to minors.

(8) Minors are prohibited from the SEB licensed premises or portions of the licensed premises as follows:

(a) Minors may not sit or stand at a bar; however, minors may sit or stand at a food counter;

(b) Minors may not be in an area where there are video lottery games, social games, or nude entertainment or where such activities are visible;

(9) The Commission may deny, cancel or restrict a SEB license for any reason for which the Commission may deny, cancel or restrict a regular license.

(10) The Commission may deny or restrict a SEB license if the applicant has a serious violation history at events previously licensed with a special license within the past 36 months.

(11) When the Commission approves a written plan under this rule, the licensee must follow that written plan. Failure to follow that written plan is a Category III violation.

(12) If the licensee fails to prevent minors from gaining access to alcoholic beverages or fails to prevent minors from gaining access to any portion of the licensed premises prohibited to minors, the Commission may immediately prohibit minors from the licensed premises or portion(s) of the premises.

History

Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 471.221
OLCC 203-2022, amend filed 12/19/2022, effective 02/01/2023
OLCC 21-2016, f. 12-6-16, cert. ef. 1-1-17

Or. Admin. R. 845-005-0413 Special Events Distillery License

(1) ORS 471.230 authorizes the Commission to issue a Special Events Distillery (SED) license to an Oregon Distillery licensee. This rule sets the qualifications and requirements for an SED license.

(2) Definitions. For this rule:

(a) “Bar” means a counter at which the preparation, pouring, serving, sale, or consumption of alcoholic beverages is the primary activity;

(b) “Food counter” means a counter in an area in which minors are allowed and at which the primary activity at all times is the preparation, serving, sale, or consumption of food;

(d) “Manufactured by the distillery licensee” means the licensee distills, rectifies, blends, or otherwise produces the distilled liquor product on the distillery licensed premises in Oregon.

(e) “Serious violation history” means:

(B) One category I, II, or IIa administrative violation; or

(f) “Social game” means a game other than a lottery, if authorized by a local county or city ordinance pursuant to ORS 167.121, between players in a private business, private club, or place of public accommodation where no house player, house bank, or house odds exist and there is no house income from the operation of the social game.

(g) “Trade visitor” means a person whose job includes the purchase, or recommended purchase, of distilled spirits by a licensee of the Commission or distributors and others in the commercial distribution chain; or a person representing an agency of mass communication, such as television, radio, newspaper, magazine, and internet.

(h) “Video lottery game” means a video lottery game terminal authorized by the Oregon State Lottery. Examples include but are not limited to video poker and video slots. Keno monitors are not considered a video lottery game.

(3) Only the holder of a Distillery license issued under ORS 471.230 may qualify for a Special Events Distillery license.

(a) A distillery licensee providing tastings of distilled liquor for retailers at an educational seminar that is not open to the public is not required to obtain a SED and is subject to OAR 845-013-0060.

(b) A distillery licensee providing tastings of distilled liquor at a retail liquor store must follow OAR 845-015-0155. A distillery licensee is not eligible for a SED at a retail liquor store.

(4) An applicant for an SED license must submit the following forms, documents, information, or fees to the Commission: