justicedao/ipfs_state_laws huggingface dataset:
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 (c) Does not have a minimum of 100 full members. Statutory/Other Authority: ORS 471.030, 471.040, ORS 471.175, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.175 History: 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
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. 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 History: OLCC 13-2010, f. 10-18-10, cert. ef. 11-1-10
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. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.313 History: 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
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. Statutory/Other Authority: ORS 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.182 History: 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
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. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.162(3) History: OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
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. 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 History: OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
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. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 471.030 & 471.292 History: 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
845-005-0416 Delivery of Alcoholic Beverages to Individuals — Definitions As used in OAR 845-005-0416 through 845-005-0424 and 845-009-0200: (1) The terms ‘deliver,' 'delivery address,' delivery person,' 'eligible business,' final consumer,' and 'third-party delivery facilitator' have the meaning given those terms in ORS 471.521 s presently drafted or as may be amended in the future. (2) Pursuant to ORS 471.521(6 ) , a ‘for-hire carrier’ is an individual, person, or company who meets the below criteria. As such, they are not ‘delivery persons’ or ‘third party delivery facilitators’ and are not subject to the delivery person or third-party delivery facilitator requirements in Oregon law or in these rules. A ‘for-hire carrier’ is an individual, person, or company who: (a) Is retained or used by a licensee to deliver or ship alcoholic beverages directly from a licensee, retail sales agent, distillery retail outlet agent or permit holder to a resident of Oregon or to a licensee of the Commission without the involvement of a third-party delivery facilitator or a delivery person; and (b) Is a motor carrier as defined in 49 U.S.C. 13102, a freight forwarder as defined in 49 U.S.C. 13102 or an air carrier as defined in 49 U.S.C. 40102. (3) For the purposes of describing actions taken by ‘for-hire carriers,’ these rules use the terms “ship” and “deliver” interchangeably to mean “to cause the transport of malt beverages, wine, cider, or distilled spirits from a licensee, retail sales agent, distillery retail outlet agent or permit holder to a resident of Oregon or to a licensee of the Commission.” (4) “Month” means a calendar month. (5) “Resident of Oregon” means an individual residing in Oregon, even if only temporarily. (6) Notwithstanding section (1) above, a “third-party delivery facilitator” is not a motor carrier as defined in 49 U.S.C. 13102, a freight forwarder as defined in 49 U.S.C. 13102, or an air carrier as defined in 49 U.S.C. 40102. Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.282, 471.521 & 2021 OL Ch. 180 History: OLCC 7-2024, amend filed 06/21/2024, effective 06/28/2024 OLCC 9-2023, temporary amend filed 12/18/2023, effective 01/02/2024 through 06/28/2024 OLCC 22-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 7-2021, temporary amend filed 07/15/2021, effective 07/16/2021 through 12/31/2021 OLCC 8-2008, f. 6-12-08, cert. ef. 6-29-08 OLCC 6-2008(Temp), f. & cert. ef. 4-18-08 thru 6-28-08 OLCC 23-2007(Temp), f. 12-14-07, cert. ef. 1-1-08 thru 6-28-08
845-005-0425 Qualifications for Direct to Retailer Permit (1) In order to qualify for a Direct to Retailer Permit, a person must: (a) Be a resident of another state or territory of the United States; (b) Hold a valid license issued by the other state or territory of the United States that authorizes the manufacture of malt beverages, wine or cider; (c) Hold a valid standard Certificate of Approval issued under ORS 471.244; and (d) Hold a bond or other security, as described in ORS 471.155, in the minimum amount of $1,000. (2) Application. A person must make an application to the Commission and receive a Direct to Retailer Permit from the Commission before shipping any malt beverages, wine or cider directly to retail licensees of the Commission. The application shall include: all materials, forms, documents, information, and fees required by the Commission and be complete, accurate, legible, and timely. The Commission will not accept an incomplete, inaccurate, illegible, or untimely application if it doesn’t contain all required materials, forms, documents, information, and fees. The Commission shall give applicants the opportunity to request a review if the Commission does not accept an application it determines is incomplete. A review under this subsection is not subject to the requirements for contested case proceedings of ORS chapter 183. (3) After accepting an application, the Commission may: (a) Require additional materials, forms, documents, information, or fees from the applicant or other persons when the Commission determines that the materials, 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) Inactivate an application when the Commission determines that the applicant failed to provide to the Commission all required materials, forms, documents, information, and fees in a manner that are complete, accurate, legible, and timely. The Commission shall give applicants the opportunity to request a review if the Commission inactivates an application. A review under this subsection is not subject to the requirements for contested case proceedings of ORS chapter 183. (4) The Commission may revoke or refuse to issue or renew a Direct to Retailer Permit if the permit holder or applicant fails to qualify for the permit under this rule or a refusal basis applies under ORS Chapter 471 or any other rule of the Commission and intervening circumstances do not overcome the refusal basis. Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.272, 471.274 & 471.311 History: OLCC 8-2023, amend filed 12/18/2023, effective 01/02/2024 OLCC 16-2019, amend filed 12/27/2019, effective 01/01/2020 OLCC 11-2011, f. 12-6-11, cert. ef. 1-1-12 OLCC 8-2008, f. 6-12-08, cert. ef. 6-29-08 OLCC 23-2007(Temp), f. 12-14-07, cert. ef. 1-1-08 thru 6-28-08
845-005-0427 Retail On-Premises Malt Beverage or Wine Sampling Involving Manufacturer or Certificate of Approval Holder (1) Certificate of Approval holders and Oregon Winery, Grower Sales Privilege, Brewery-Public House, Brewery, and Warehouse licensees may conduct or assist at tasting events at Full On-Premises Sales and Limited On-Premises Sales licensed premises, and at Off-Premises Sales licensed premises which sell petroleum products in compliance with OAR 845-006-0450, for the purpose of promoting their wine, cider, and malt beverage products to the public. (2) Sample tasting events permitted under this rule: (a) Do not require a special or temporary license; (b) Must be conducted in compliance with OAR 845-006-0450. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.402 History: OLCC 12-2003, f. 9-23-03, cert. ef. 11-1-03 OLCC 7-2003(Temp), f. & cert. ef. 5-20-03 thru 11-16-03 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-005-0445 Temporary Letter of Authority to Operate (1) The Commission may grant a temporary letter of authority to operate to any applicant for an annual license issued under ORS, chapter 471 for a period not to exceed 180 days. The Commission may not extend the period of a temporary letter of authority to operate beyond 180 days and may not grant more than one temporary letter of authority to operate for the same application. (2) To be eligible to obtain a temporary letter of authority to operate, an applicant must meet the requirements established by the Commission and pay the license fee. (3) An applicant is eligible to exercise all of the privileges of the license under a valid temporary letter of authority to operate. (4) The Commission may: (a) Refuse to issue a temporary letter of authority to operate if the Commission reasonably believes that any of the grounds for refusing or restricting a license exist under ORS chapter 471 or any rules adopted thereunder; (b) Revoke a temporary letter of authority to operate if: (A) The Commission inactivates an application under OAR 845-005-0312; (B) An applicant withdraws an application under OAR 845-005-0312; or (C) The Commission reasonably believes that any of the grounds for refusing, restricting, canceling, or suspending a license exist under ORS chapter 471 or any rules adopted thereunder. (c) Issue a temporary letter of authority to operate with restrictions. (5) A temporary letter of authority does not constitute a license for the purposes of ORS chapter 183. (6) The refusal to issue, the revocation, or the issuance with restrictions of a temporary letter of authority to operate is not a contested case under ORS chapter 183. Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5) Statutes/Other Implemented: 471.297 History: 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 6-2004, f. 5-19-04, cert. ef. 6-29-04 OLCC 23-2003(Temp), f. 12-16-03, cert. ef. 1-1-04 thru 6-28-04 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-005-0450 Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party (1) ORS 471.292(2)(b) and (c) allow the Commission to 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 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 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 471 or OAR chapter 845; 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) 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 471.030, 471.040, 471.730 (1) & 471.730 (5) Statutes/Other Implemented: ORS 471.292 (2) History: OLCC 5-2025, amend filed 11/20/2025, effective 01/01/2026 OLCC 13-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 8-2006, f. 6-19-06, cert. ef. 7-1-06 OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01