justicedao/ipfs_state_laws huggingface dataset:
845-025-1160 Notification of Changes (1) An applicant, licensee, or laboratory licensee must notify the Commission in writing within 10 calendar days of any of the following: (a) A change in any contact information for anyone listed in an application or subsequently identified as an applicant; (b) A disciplinary proceeding or licensing enforcement action by another governmental entity that may affect the business; (c) The temporary closure of the business for longer than 30 days; or (d) The permanent closure of the business. (2) An applicant, licensee, or laboratory licensee must notify the Commission in a manner prescribed by the Commission within 72 hours of an arrest, a citation issued in lieu of arrest, or a conviction for any misdemeanor or felony of an individual listed in an application or subsequently identified as an applicant or licensee. (a) Failure to notify the Commission of a conviction within the prescribed timeframe is a Category II violation. (b) Failure to notify the Commission of an arrest or a citation in lieu of arrest within the prescribed timeframe is a Category III violation. An arrest or citation in lieu of arrest in itself is not a basis for compliance or licensing action but the Commission may investigate the conduct underlying the arrest. (3) A licensee or laboratory licensee must notify the Commission in a manner prescribed by the Commission as soon as reasonably practical and in no case more than 24 hours from the theft of marijuana items or money from the licensed premises. (4) Addition or Change of Trade Name. (a) A licensee or laboratory licensee must notify and receive approval from the Commission on a form prescribed by the Commission prior to any changes or additions to the business trade name. (b) The Commission may deny any addition or change to a business trade name. (5) Violations. (a) A violation of section (1) or (3) of this rule is a Category III violation. (b) A violation of section (4) of this rule is a Category IV violation. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.037, 475C.045 & 475C.548 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 40-2022, 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 3-2020, amend filed 01/28/2020, effective 02/01/2020 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 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
845-025-1170 Change of Ownership (1) For the purposes of this rule, “change of ownership”: (a) Means a licensee or laboratory licensee proposes to: (A) Add a licensee of record; (B) Replace a current licensee of record; or (C) Change its ownership structure such that natural persons who did not hold a direct or indirect interest in the business at the start of the license year will collectively hold a direct or indirect interest of 51 percent or greater. (b) Does not mean a “change of business structure” as described in OAR 845-025-1165. (2) To submit a change of ownership request: (a) The proposed licensee or laboratory licensee must submit a new application in accordance with OAR 845-035-1030; (b) Within 14 calendar days of the date the application described in subsection (a) of this section is submitted, the current licensee or laboratory licensee must submit a completed change of ownership notification form, as prescribed by the Commission, signed by the current licensee or laboratory licensee. (c) For a retail license, a certificate of tax compliance issued no earlier than 90 calendar days prior to the date the change of ownership request was submitted, must be submitted for each current licensee, as described in OAR 845-025-1015 and each new applicant, as that term is described in OAR 845-025-1045. (3) The Commission shall review a change of ownership application in accordance with OAR 845-025-1090 and 845-025-1115. (4) A change of ownership application must comply with the timeframes described in OAR 845-025-1135 to complete the application process. (5) The Commission may refuse to process a change of ownership application if the change of ownership notification form is submitted by: (a) A person other than the licensee or licensee representative of the licensed business for which the change of ownership is proposed; or (b) A business that is not currently licensed. (6) The Commission shall deem a change of ownership application that does not include all of the information required under subsection (2)(c) of this rule to be incomplete. (7) Submission of a change of ownership request under this rule does not confer the privileges of a licensee to the applicant until the license is issued. (8) Violations. Allowing a person other than the licensee to obtain an ownership interest as described in OAR 845-025-1045 or operate the licensed business before the Commission approves the change of ownership application is a Category I violation. Statutory/Other Authority: ORS 475C.017, 475C.033 & 475C.185 Statutes/Other Implemented: ORS 475C.037, 475C.045 & 475C.548 History: OLCC 6-2023, amend filed 11/17/2023, effective 12/13/2023 OLCC 4-2023, temporary amend filed 06/15/2023, effective 06/16/2023 through 12/12/2023 OLCC 202-2022, adopt filed 11/21/2022, effective 01/01/2023
845-025-1175 Changing, Altering, or Modifying Licensed Premises (1) The Commission issues licenses with the expectation that the licensee will operate the business as proposed at the time of licensing. A licensee may not make any physical changes to the licensed premises that materially or substantially alter the licensed premises or the usage of the licensed premises from the plans originally approved by the Commission without the Commission’s prior written approval. (2) A licensee who intends to make any material or substantial changes to the licensed premises must submit a form prescribed by the Commission, and submit any information identified in the form to be submitted, to the Commission, prior to making any such changes. (3) The Commission must review the form and other information submitted under section (2) of this rule, and will approve the changes if the changes would not result in an initial or renewal application denial under OAR 845-025-1115. (4) If the Commission denies the change, the licensee must not make the proposed changes. (5) If the Commission approves the change, the Commission may require a site inspection of the changed area and a modification of the licensee’s security plan prior to the licensee exercising any license privileges. (6) For purposes of this rule a material or substantial change requiring approval includes, but is not limited to: (a) Any increase or decrease in the total physical size or capacity of the licensed premises; (b) The sealing off, creation of, or relocation of a common entryway, doorway, passage, or other such means of public ingress or egress, when such common entryway, doorway, or passage alters or changes limited access areas, such as the areas in which cultivation, harvesting, processing, or sale of marijuana items occurs within the licensed premises; (c) Any physical change that would require the installation of additional video surveillance cameras or a change in the security system; or (d) Any addition or change of location of a primary residence located on the same tax lot as a licensed premises. (7) Violations. (a) A violation of section (4) of this rule is a Category I violation. (b) A violation of section (1) of this rule is a Category I violation if a licensee makes a material or substantial change as described in section (6) of this rule before seeking or receiving Commission approval and the change would result in an initial or renewal application denial under OAR 845-025-1115. (c) All other violations of this rule are Category III violations. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.065, 475C.085, 475C.093, 475C.097 & 475C.548 History: OLCC 6-2025, amend filed 11/20/2025, effective 01/01/2026 OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 41-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 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
845-025-1200 Financial and Business Records (1) In addition to any other recordkeeping requirements in these rules, a licensee or laboratory licensee must have and maintain records that clearly reflect all financial transactions and the financial condition of the business. The following records may be kept in either paper or electronic form and must be maintained for a three-year period and must be made available for inspection if requested by an employee of the Commission: (a) Purchase invoices and supporting documents for items and services purchased for use in the production, processing, research, testing, and sale of marijuana items that include from whom the items were purchased and the date of purchase; (b) Bank statements for any accounts relating to the licensed business; (c) Accounting and tax records related to the licensed business; (d) Documentation of all financial transactions related to the licensed business, including contracts and agreements for services performed or received that relate to the licensed business; (e) All employee records, including training; and (f) Information relating to the structure and ownership of the business, including: (A) A list of all individuals and legal entities who are applicants as described in OAR 845-025-1045; (B) For each legal entity that is an applicant as described in OAR 845-025-1045, complete information about the ownership structure of that legal entity; and (C) A list of all individuals and legal entities who are entitled to receive a portion of revenue, proceeds, or profits from the business. (2)Violations. (a) A violation of subsection (1)(e) of this rule is a Category V violation. (b) All other violations of this rule are Category II violations. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093, 475C.097 & 475C.548 Statutes/Other Implemented: ORS 475C.033 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 43-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 2-2021, amend filed 04/09/2021, effective 04/13/2021 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
845-025-1215 Standardized Scales (1) A licensee shall use an Oregon Department of Agriculture licensed weighing device as defined in ORS chapter 618 and OAR chapter 603, division 27: (a) Whenever marijuana items are bought and sold by weight; (b) Whenever marijuana items are packaged for sale by weight; (c) Whenever marijuana items are weighed for entry into CTS; and, (d) Whenever the weighing device is used commercially as defined in ORS 618.010. (2) Notwithstanding the requirements in section (1) of this rule, a laboratory licensee may utilize any scale permitted by ORELAP under OAR chapter 333, division 64. (3) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, ORS 475C.065, 475C.085, 475C.093, 475C.097 & 475C.548 Statutes/Other Implemented: ORS 475C.065, 475C.085, 475C.093, 475C.097 & 475C.548 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 44-2022, 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
845-025-1245 Signage (1) A licensee must post: (a) At every licensed premises signs that read: (A) “No Minors Permitted Anywhere on This Premises”; and (B) “No On-Site Consumption of Marijuana”; and (b) At all areas of ingress or egress to a limited access area a sign that reads: “Do Not Enter – Limited Access Area – Access Limited to Licensed Personnel and Escorted Visitors.” (2) All signs required by this rule must be: (a) Legible, not less than 12 inches wide and 12 inches long, composed of letters not less than one-half inch in height; (b) In English and Spanish; and (c) Posted in a conspicuous location where the signs can be easily read by individuals on the licenses premises. (3) Violations. A violation of this rule is a Category IV violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.317 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 46-2022, 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
845-025-1260 Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative, or a Secured Party (1) The Commission may issue a temporary authority to operate a licensed business to a trustee, the receiver of an insolvent or bankrupt licensed business, the personal representative of a deceased licensee, or a person holding a security interest in the business. The purpose of this authority is to provide for the operation of the licensed business for a reasonable period of time to allow orderly disposition of the business. (a) The trustee, receiver or personal representative must provide the Commission with the following information: (A) Proof that the person is the legal trustee, receiver or personal representative for the business; and (B) A written request for authority to operate as a trustee, receiver or personal representative, listing the mailing address, e-mail address, and telephone number of the trustee, receiver or personal representative. (b) The secured party must provide the Commission with the following information: (A) Proof of a security interest in the licensed business; (B) Proof of the licensee’s default on the secured debt; (C) Proof of legal access to the real property; and (D) A written request for authority to operate as a secured party listing the secured party’s mailing address, e-mail address, and telephone number. (2) The Commission may revoke or refuse to issue or extend authority for the trustee, receiver, personal representative, or secured party to operate: (a) If the trustee, receiver, personal representative or secured party does not propose to operate the business immediately or does not begin to operate the business immediately upon receiving the temporary authority; (b) For any of the reasons that the Commission may revoke or refuse to issue or renew a license; (c) If the trustee, receiver, personal representative or secured party operates the business in violation of ORS chapter 475C, or these rules; or (d) If a reasonable time for disposition of the business has elapsed. (3) No person or entity described in section (1) of this rule may operate the business until a certificate of authority has been issued under this rule, except that the personal representative of a deceased licensee may operate the business for up to 30 days after the death provided that the personal representative submits the information required in section (1)(a) of this rule and obtains a certificate of authority within that time period. (4) A certificate of authority under this rule may be issued at the Commission’s discretion for a minimum duration of 60 days and may be extended as reasonably necessary to allow for the disposition of the business. 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 47-2022, 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
845-025-1275 Closure of Business (1) A license expires upon death of a licensee unless the Commission issues an order as described in subsection (2) of this rule. (2) The Commission may issue an order providing for the manner and condition under which: (a) Marijuana items left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed. (b) The business of a deceased, insolvent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy. (3) A secured party, as defined in ORS 79.0102, may continue to operate a business for which a license has been issued under section ORS 475C.065, 475C.085, 475C.093 or 475C.097 for a reasonable period after default on the indebtedness by the debtor. (4) If a license is revoked, the Commission may address in its order the manner and condition under which marijuana items held by the licensee may be transferred or sold to other licensees or must be otherwise disposed. (5) If a license is surrendered or expires the Commission may address by order the manner and condition under which marijuana items held by the licensee may be transferred or sold to other licensees or must be otherwise disposed of. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 193-2022, minor correction filed 03/29/2022, effective 03/29/2022 OLCC 48-2022, minor correction filed 03/23/2022, effective 03/23/2022 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
845-025-1290 Licensee Responsibility A licensee or laboratory licensee is responsible for: (1) The violation of any administrative rule of the Commission; any provision of ORS chapter 475C affecting the license privileges of a licensee or laboratory licensee. (2) Any act or omission of a licensee representative in violation of any administrative rule of the Commission or any provision of ORS chapter 475C affecting the license privileges of a licensee or laboratory licensee. Statutory/Other Authority: ORS 475C.017 & 475C.548 Statutes/Other Implemented: ORS 475C.017 & 475C.548 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 49-2022, 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
845-025-1295 Local Ordinances (1) The Commission may impose a civil penalty or suspend any license for failure to comply with an ordinance adopted by a city or county pursuant ORS 475C.449 if the city or county: (a) Has provided the licensee with due process substantially similar to the due process provided to a licensee under the Administrative Procedures Act, ORS 183.413 to 183.470; and (b) Provides the Commission with a final order that is substantially similar to the requirements for a final order under ORS 183.470 that establishes that the licensee has violated the local ordinance. (2) Violations. A violation of a local ordinance subject to this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.449 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 50-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 2-2020, minor correction filed 01/23/2020, effective 01/23/2020 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
845-025-1400 Security Plans (1) An applicant must have a security plan. The Commission will not conduct any pre-licensing inspection under OAR 845-025-1090(5) until it has approved an applicant’s security plan. (2) The Commission must notify an applicant in writing whether the security plan has been approved. If the security plan is approved with a waiver granted under OAR 845-025-1405, the notice must specifically describe the alternate safeguards that are required and, if time limited, must state the time period the security plan is in effect. (3) A licensee must notify the Commission of any proposed changes to a security plan and must have approval prior to implementing any change. The Commission will notify a licensee whether the change is approved in the same manner described in section (2) of this rule. (4) The Commission may withdraw approval of the security plan at any time if there have been one or more documented instances of theft or loss of marijuana items on the licensed premises within the past year. If the Commission withdraws its approval of the security plan, the licensee will be given a reasonable period of time to modify the plan and if the security plan was approved with a waiver of any security requirements, will be given a reasonable period of time to come into compliance with the security requirements that were waived. (5) Failure to comply with the terms of an approved security plan is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 56-2022, minor correction filed 03/23/2022, effective 03/23/2022 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
845-025-1405 Security Waivers (1) An applicant or licensee may, in writing, request that the Commission waive one or more of the security requirements described in OAR 845-025-1400 to 845-025-1470 by submitting a security waiver request for Commission approval. The waiver request must include: (a) Each specific rule or provision of a rule that is requested to be waived; (b) The reason for the waiver; (c) A description of an alternative safeguard the licensee can put in place in lieu of the requirement that is the subject of the waiver; and (d) An explanation of how and why the alternative safeguard accomplishes the goals of the security rules, specifically public safety, prevention of diversion, accountability, and prohibiting access to minors. (2) The Commission may, in its discretion and on a case by case basis, approve the security waiver if it finds that the alternative safeguard that is proposed meets the goals of the security rules. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 57-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16