justicedao/ipfs_state_laws huggingface dataset:
845-020-0032 Fees for Distributors and Distributor Cooperatives (1) Fees for distributors that do not participate in distributor cooperatives: (a) A distributor that sold more than 500,000 beverages in beverage containers in Oregon during the previous calendar year shall pay annually to the Commission $3,000 multiplied by the total number of full-service redemption centers operated in this state for any period during a year, regardless of the person that operates the full-service redemption center. The fee must be paid no later than July 1 of the year prior to the year for which the fee applies. If the distributor operates a full-service redemption center, the distributor may satisfy its obligation to pay the annual registration fee described in ORS 459A.737 by paying the fee described in this subsection. (b) A distributor that sold at least 15,000 but not more than 500,000 beverages in beverage containers in Oregon during the previous calendar year must pay annually to the Commission a fee of $25,000. (c) A distributor that sold fewer than 15,000 beverages in beverage containers in Oregon during the previous calendar year must pay annually to the Commission a fee of $5,000. (d) Fees described in (1)(b) and (1)(c) must be paid no later than January 1 of the year following the year for which the fee applies. (e) Distributors described in (1)(b) and (1)(c) that become a participant in a distributor cooperative before December 31 of the year for which the fee applies are not required to pay the fee. (2) Fees for distributor cooperatives: (a) Each person responsible for the operation of one or more full-service redemption centers shall pay an annual registration fee to the Commission as described in ORS 459A.737. The registration fee shall be $3,000 for each full-service redemption center operated in this state, regardless of the person that operates the full-service redemption center. (b) In addition to the fees described in OAR 845-020-0020, a distributor cooperative shall pay annually to the Commission $3,000 multiplied by the total number of full-service redemption centers operated in Oregon by any person other than the distributor cooperative. The fee must be paid no later than July 1 of each calendar year for the upcoming year. Statutory/Other Authority: ORS 459A.737 & 2022 Oregon Laws Ch. 80 Statutes/Other Implemented: ORS 459A.737 & 2022 Oregon Laws Ch. 80 History: OLCC 199-2022, adopt filed 09/27/2022, effective 01/01/2023
845-020-0033 Mobile or Satellite Redemption Centers (1) In addition to the alternative access redemption center, a nonprofit organization that operates an alternative access redemption center, with the support of the sponsoring distributor cooperative, may apply to the commission for approval of one or more mobile or satellite redemption sites. (2) The commission may approve a mobile or satellite redemption site if the commission determines that the site will provide convenient alternative redemption access opportunities for individuals who redeem empty beverage containers on a daily or near daily basis. (3) At the time of approving a mobile or satellite redemption site, the commission may specify a convenience zone in the area surrounding a mobile or satellite redemption site. (4) A mobile or satellite redemption site must: (a) Maintain consistent service hours and days at fixed points within the convenience zone specified for the mobile or satellite redemption site; and (b) Provide the refund value of beverage containers in cash at the time of redemption. (5) Nothing in this rule prohibits the operator of an alternative access redemption center from offering additional redemption services outside of the area of an alternative access convenience zone or a mobile or satellite convenience zone. Statutory/Other Authority: ORS 459A & 471.030 Statutes/Other Implemented: ORS 459A.718, ORS 459A.738 & ORS 459A.741 History: OLCC 4-2025, adopt filed 11/20/2025, effective 12/02/2025 OLCC 2-2025, temporary adopt filed 06/05/2025, effective 06/05/2025 through 12/01/2025
845-020-0034 Application for Approval for a Mobile or Satellite Redemption Site (1) Any nonprofit organization desiring approval of a Mobile or Satellite Redemption Site shall make application to the Commission upon forms to be furnished by the Commission. The application shall include the following and such additional information as the Commission may require: (a) The name and address of the nonprofit organization responsible for the establishment and operation of the mobile or satellite redemption site; (b) The name and address of the sponsoring distributor cooperative; (c) The kind of empty beverage containers that will be accepted at the mobile or satellite redemption site; (d) Names and addresses of the dealers to be served by the mobile or satellite redemption site; and (e) Evidence that the applicant has notified the state Senator and state Representative in whose districts the mobile or satellite redemption center will be located of the proposed mobile or satellite redemption center and the applicant’s plan for community engagement; (2) The Commission shall provide a 30-day public comment period before concluding that a mobile or satellite redemption site provides a convenient service to the public for the redemption of beverage containers. The commission may consider public comment when determining whether a mobile or satellite redemption site provides a convenient service to consumers for the return of empty beverage containers. Statutory/Other Authority: ORS 459A & 471.030 Statutes/Other Implemented: ORS 459A.718, ORS 459A.738 & ORS 459A.741 History: OLCC 4-2025, adopt filed 11/20/2025, effective 12/02/2025
845-020-0035 When Dealer Not Required to Accept Containers (1) The Commission does not interpret ORS 459A.710 to require a dealer to accept an empty beverage container, if: (a) The area of the business occupies a total enclosed space of 5,000 or more square feet in a single location and has not offered the kind of beverage for sale within the past six months; (b) The area of the business occupies a total enclosed space of less than 5,000 square feet in a single location and has not offered the kind, size, and brand of beverage for sale within the past six months; (c) The dealer has reasonable grounds to believe the beverage was sold at retail outside Oregon; (d) The dealer has reasonable grounds to believe that the container was obtained from or through a distributor without paying the refund value. The primary goal of this subsection is to prevent distributors, recyclers or others from putting containers through the refund/return system more than once without paying the refund value; or (e) The dealer has reasonable grounds to believe that the container has already been redeemed, such as through a reverse vending process. (2) Dealers must not use this rule to frustrate the requirement of the Beverage Container Act that requires dealers to accept return of beverage containers. If a person attempts to return a fewer number of redeemable beverage containers than the number stated in (4) below, the dealer must accept those containers. A dealer is not prohibited from accepting more beverage containers than the applicable amount. (3) Dealers must post a notice about the requirement to accept beverage container returns, provided to the dealer by the Commission, in each area where beverage containers are received. The notice must be clearly visible to customers returning containers. Dealers may copy the provided notice, but may not modify it. Statutory/Other Authority: ORS 459A.705, ORS 459A.715 & ORS 459A.738 Statutes/Other Implemented: ORS 459A.738 & 2022 Oregon Laws Ch. 80 History: OLCC 4-2025, amend filed 11/20/2025, effective 12/02/2025 OLCC 2-2025, temporary amend filed 06/05/2025, effective 06/05/2025 through 12/01/2025 OLCC 199-2022, amend filed 09/27/2022, effective 01/01/2023 OLCC 18-2019, amend filed 12/27/2019, effective 01/01/2020 OLCC 14-2017, amend filed 11/21/2017, effective 01/01/2018 OLCC 14-2008, f. 12-17-08, cert. ef. 1-1-09 OLCC 2-2008, f. 1-16-08, cert. ef. 3-16-08 OLCC 17-2007(Temp), f. & cert. ef. 9-17-07 thru 3-15-08 OLCC 15-1999, f. 6-9-99, cert. ef. 7-1-99 OLCC 10-1987, f. 3-13-87, ef. 4-1-87 LCC 5-1982, f. 3-26-82, ef. 4-1-82 LCC 1-1982(Temp), f. & ef. 1-22-82
845-020-0040 Sanctions and Civil Penalties (1) The Commission is charged with ensuring: (a) Consumers are able to return redeemable containers to dealers redemption centers; and (b) Dealers are able to return containers to distributors and distributor cooperatives. (2) Sanctions. The Commission may impose a civil penalty for any violation of Chapter 459A and Division 20 of Oregon Administrative Rules Chapter 845. (a) Non-compliant dealers, distributors, distributor cooperatives, importers, or manufacturers may be subject to violations of any provision of ORS 459A.700 to 459A.740 per ORS 459A.717(1). (b) Notwithstanding subsection (a) of this rule, non-compliant distributors and importers, as described in ORS 459A.718(5), and non-compliant dealers, as described in ORS 459A.738(5), may be subject to violations per ORS 459A.717(2). Statutory/Other Authority: ORS 459A.710, 459A.717 & 459A.718 Statutes/Other Implemented: 459A.717 History: OLCC 18-2019, amend filed 12/27/2019, effective 01/01/2020 OLCC 14-2017, adopt filed 11/21/2017, effective 01/01/2018
845-020-0060 Independent Audit Standards and Procedures (1) Within six months of the date that the Commission receives reports required by 459A.718(5)(b) from a distributor cooperative, distributor or importer, the Commission may require that a distributor cooperative, distributor or importer undergo an independent audit to determine the accuracy of information contained in the report. (2) The distributor cooperative, distributor or importer shall use an independent auditor that: (a) Is registered to do business in Oregon; and (b) Is registered with the Oregon Board of Accountancy. (3) The independent audit shall determine the accuracy of the information contained in the reports required by ORS 459A.718(5). (4) Any violation discovered by the Commission may be subject to a civil penalty under ORS 459A.717. (5) The Commission shall adhere to all pertinent and applicable laws concerning any public disclosures. Statutory/Other Authority: ORS 459A.718 Statutes/Other Implemented: ORS 459A.718 History: OLCC 14-2017, adopt filed 11/21/2017, effective 01/01/2018
845-025-1000 Applicability (1) A person may not produce, process, store, transport, sell, sample, test, or deliver marijuana for commercial recreational use without a license from the Commission or as otherwise authorized under these rules. (2) Nothing in these rules exempts a licensee or licensee representative from complying with any other applicable state or local laws. (3) Licensure under these rules does not protect a person from possible criminal prosecution under federal law. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.013, 475C.065, 475C.085, 475C.093, 475C.097, 475C.449 & 475C.548 History: OLCC 25-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-1060 Fees (1) At the time of initial license or certificate application an applicant must pay a $250 non-refundable application fee. (2) If the Commission approves an application and grants an annual license, the following fees must be paid, prorated for an initial license that is issued for six months or less: (a) Producers: (A) Micro Tier I $1,000. (B) Micro Tier II $2,000. (C) Tier I $3,750. (D) Tier II $5,750. (b) Processors: $4,750. (c) Wholesalers: $4,750. (d) Micro Wholesalers: $1,000. (e) Retailers: $4,750. (f) Laboratories: $4,750. (g) Sampling Laboratory: $2,250. (3) If the Commission approves an application and grants a research certificate, the fee is $4,750 for a three year term. (4) If the Commission approves an application and grants a hemp certificate, the fee is $1,000 for one year. (5) At the time of license or certificate application renewal, an applicant must pay a $250 non-refundable application fee. (6) If the Commission receives a renewal application, the renewal license or certificate fees must be paid in the amounts specified in OAR 845-025-1070 and sections (2), (3), and (4) of this rule at the time of application. The Commission will not refund a renewal fee for a licensee who submits a license renewal application in accordance with OAR 845-025-1190 and exercises any license privileges after the date the license expires. (7) At the time of an initial or renewal application for a marijuana worker permit, the individual must pay a $100 worker permit application fee. (8) The Commission shall charge the following fees: (a) Criminal background checks: $50 per individual listed on a license application if the background check is not part of an initial or renewal application. (b) Transfer of location of premises review: $1,000 per license. (c) Packaging preapproval: $100. (d) Labeling preapproval: $100. (e) Change to previously approved package or label: $25. (f) Transferring packaging or labeling application to another individual or entity: $25 per application. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017, ORS 475C.065, 475C.085, 475C.093, 475C.097, 475C.273, 475C.548, 475C.608, 475C.616 & 571.336 History: OLCC 14-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 29-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 OLCC 3-2019, amend filed 02/25/2019, effective 03/01/2019 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 OLCC 11-2017(Temp), f. & cert. ef. 8-1-17 thru 12-27-17 OLCC 4-2017, f. 4-28-17, cert. ef. 5-1-17 OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16 OLCC 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-1070 Late Renewal Fees (1) If the Commission receives a completed license or certificate renewal application less than 20 days before the date the existing license or certificate expires, the Commission will charge a late renewal fee of $150 for licenses and certificates. (2) If the Commission receives a completed license or certificate renewal application within 30 days after the date the existing license or certificate expires, the Commission will charge a late renewal fee equal to $300 for licenses and certificates. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 30-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-1080 Criminal Background Checks (1) If an individual is required by the Commission to undergo a criminal background check, the individual must provide to the Commission: (a) A criminal background check request form, prescribed by the Commission that includes but is not limited to: (A) First, middle and last name; (B) Any aliases; (C) Date of birth; (D) Driver license information; and (E) Address and recent residency information. (b) Fingerprints in accordance with the instructions on the Commission’s webpage. (2) The Commission may request that an applicant disclose his or her Social Security Number if notice is provided that: (a) Indicates the disclosure of the Social Security Number is voluntary; and (b) That the Commission requests the Social Security Number for the purpose of positively identifying the applicant during the criminal records check process. (3) An applicant’s criminal history must be evaluated by the Commission in accordance with ORS 670.280 and 475C.041. (4) The Commission may require a licensee, laboratory licensee, or individual with a financial interest to undergo a criminal background check in accordance with this rule once per license year. (5) Records concerning criminal background checks must be kept and handled by the Commission in accordance with ORS 181.534(15). Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.041 History: OLCC 31-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 2-2021, amend filed 04/09/2021, effective 04/13/2021 OLCC 22-2020, temporary amend filed 10/15/2020, effective 10/15/2020 through 04/12/2021 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-1100 Approval of Application and Issuance of License (1) If the Commission determines that an applicant is in compliance with ORS 475C.017 to 475C.289 and these rules the Commission must notify the applicant in writing that the application has been approved and after payment by the applicant of the license fee, provide the applicant with proof of licensure that includes a unique license number, the effective date of the license, date of expiration, and a description of premises for which the license was issued. If the applicant paid the license fee with a check the Commission will not issue a license until it has confirmation that the check has cleared. A license is issued for one license year. (2) A licensee or laboratory licensee: (a) May not operate until on or after the effective date of the license. (b) Must display proof of licensure in a prominent place on the premises. (c) May not use the Commission name or logo on any signs at the premises, on the business’ website, or in any advertising or social media, except to the extent that information is contained on the proof of licensure or is contained in part of warnings, signage, or other documents required by these rules. (3) Licensure is only valid for the premises indicated on the license and is only issued to the individuals or entities listed on the application or subsequently approved by the Commission. (4) A license may not be transferred except as provided in OAR 845-025-1170. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.045 & 475C.548 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 33-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 2-2021, amend filed 04/09/2021, effective 04/13/2021 OLCC 22-2020, temporary amend filed 10/15/2020, effective 10/15/2020 through 04/12/2021 OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-1130 Withdrawal of Application An applicant may withdraw an initial or renewal application at any time prior to the Commission acting on the application unless the Commission has determined that the applicant submitted false or misleading information in which case the Commission may refuse to accept the withdrawal and may issue a notice of proposed denial in accordance with OAR 845-025-1115. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.037 History: OLCC 35-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-1131 Application Submission Deadlines (1) All license applications submitted on or before January 1, 2022 through the Commission’s online licensing system with the nonrefundable application fee will be held until the application is assigned to a Commission staff member. (2) Until January 1, 2025, applications for producer, processor, wholesaler, and retailer licenses submitted after January 1, 2022 will be inactivated. (3) Beginning January 1, 2025, the Commission may not accept and will inactivate applications for a new license under producer, processor, wholesaler, or retailer license unless the Commission has issued a notice to the public under OAR 845-025-1030(5)(d) and has not closed applications by issuing a notice to the public under OAR 845-025-1030(5)(e). (4) Section (3) of this rule does not apply to: (a) An application for renewal of a license; (b) An application for reissuance of a license necessitated by a change in the location or ownership of a production, processing, wholesale or retail facility or premises; (c) An application for a change in size of a mature marijuana plant grow canopy; or (d) The sale or purchase of a license issued prior to December 31, 2024. Statutory/Other Authority: ORS 475C.017, 2022 OL Ch. 108 Sec. 1, 2024 OL Ch. 16 Sec. 19, 2024 OL Ch. 16 Sec. 20, 2024 OL Ch. 16 Sec. 21 & 2024 OL Ch. 16 Sec. 23 Statutes/Other Implemented: 2022 OL Ch. 108 Sec. 1, 2024 OL Ch. 16 Sec. 19, 2024 OL Ch. 16 Sec. 20, 2024 OL Ch. 16 Sec. 21 & 2024 OL Ch. 16 Sec. 23 History: OLCC 12-2024, amend filed 12/20/2024, effective 01/01/2025 OLCC 201-2022, amend filed 10/20/2022, effective 10/22/2022 OLCC 195-2022, temporary amend filed 04/22/2022, effective 04/25/2022 through 10/21/2022 OLCC 36-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 17-2019, adopt filed 12/27/2019, effective 01/01/2020 OLCC 12-2019, temporary adopt filed 08/26/2019, effective 09/01/2019 through 12/31/2019
845-025-1132 Prohibited Changes to License Applications (1) The Commission will not allow changes of ownership of an application after submission of an application for licensure. (2) For purposes of this rule, “change of ownership” is defined as: (a) Adding or replacing an applicant who will be a licensee of record; or (b) A business changing its ownership structure such that natural persons who did not previously hold a direct or indirect interest in the business will collectively hold a direct or indirect interest of 51 percent or greater. (3) Until January 1, 2025, an applicant that submitted an application for a producer license under ORS 475C.065, a processor license under ORS 475C.085, a wholesaler license under ORS 475C.093, or a retailer license under ORS 475C.097 on or before January 1, 2022 may not change the location of the proposed licensed premises for which the application was submitted. Statutory/Other Authority: ORS 475C.017 & 2022 OL Ch. 108 Sec. 1 Statutes/Other Implemented: 2022 OL Ch. 108 Sec. 1 & 2024 OL Ch. 16 Sec. 23 History: OLCC 12-2024, amend filed 12/20/2024, effective 01/01/2025 OLCC 4-2023, temporary amend filed 06/15/2023, effective 06/16/2023 through 12/12/2023 OLCC 201-2022, amend filed 10/20/2022, effective 10/22/2022 OLCC 195-2022, temporary amend filed 04/22/2022, effective 04/25/2022 through 10/21/2022 OLCC 37-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 2-2021, amend filed 04/09/2021, effective 04/13/2021 OLCC 22-2020, temporary amend filed 10/15/2020, effective 10/15/2020 through 04/12/2021 OLCC 17-2019, adopt filed 12/27/2019, effective 01/01/2020 OLCC 12-2019, temporary adopt filed 08/26/2019, effective 09/01/2019 through 12/31/2019
845-025-1145 Communication With Commission (1) If an applicant or licensee is required to or elects to submit anything in writing to the Commission, unless otherwise prescribed by the Commission, the online platform maintained by the Commission is the primary method for communication. (2) If an applicant or licensee is unable to submit the writing through the online platform maintained by the Commission, the applicant or licensee may submit the writing to the Commission via: (a) E-mail; (b) Mail; or (c) In-person delivery. (3) If a written notification must be submitted by a particular deadline it must be received, regardless of the method used to submit the written notification, by 5 p.m. Pacific Time. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 6-2025, amend filed 11/20/2025, effective 01/01/2026 OLCC 39-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16