justicedao/ipfs_state_laws huggingface dataset:
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; (c) Items offered to all participants at a convention irrespective of any connection to the Commission. (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. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.710(5) History: 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
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). Statutory/Other Authority: ORS 471.030, 471.040(2), 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.720 History: 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
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. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.311 History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01 LCC 6-1986, f. & ef. 4-1-86
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. Statutory/Other Authority: ORS 471.040 Statutes/Other Implemented: ORS 293.445 History: OLCC 13-2016, f. 8-23-16, cert. ef. 9-3-16
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; (c) Date(s), time(s) and place of sale; (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. 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) History: LCC 21-1980, f. 6-20-80, ef. 7-1-80, Renumbered from 845-010-0380
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. 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 History: OLCC 14-2021, minor correction filed 08/02/2021, effective 08/02/2021 LCC 3-1986, f. 2-6-86, ef. 4-1-86
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.] 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) History: 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
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. (c) Sell or transfer 80 to 200 proof non-denatured alcohol to the holder of an Industrial Alcohol Authority. (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. Statutory/Other Authority: ORS 471, including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.404 & 471.730(8) History: 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
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. Statutory/Other Authority: ORS 471 including 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.760 History: OLCC 6-2005, f. 10-19-05, cert. ef. 11-1-05 OLCC 16-1997, f. 7-24-97, cert. ef. 9-1-97
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; (c) Ensure that qualified persons obtain available licenses and operate in compliance with alcoholic beverage laws; (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. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.313 History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-005-0302 Regular License As used in OAR chapter 845, regular license means any license that may be issued for an annual period. Statutory/Other Authority: ORS 471, 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.292 & 471.730(5) History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
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. Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.166 History: 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
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. Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.166 & 471.313 History: OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
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. 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 History: 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