reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0300 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. This rule sets forth a contested
			 case hearing process by which a subject individual may appeal a completed
			 fitness determination made under OAR
			 845-002-0260 that he or she is
			 fit or not fit to hold a position with, or provide services to the Commission
			 as an employee, volunteer, contractor, or vendor. Section (6) of the rule
			 identifies an alternative appeal process available only to current Commission
			 employees.
(2) Process:
(a) A subject individual may appeal a fitness
			 determination by submitting a written request for a contested case hearing to
			 the address specified in the notice provided under OAR
			 845-002-0290(1)(b),
			 within 14 calendar days of the date appearing on the notice. The Commission
			 shall address a request received after expiration of the deadline as provided
			 under 137-003-0528.
(b) When a timely request is received by the
			 Commission under subsection (a), a contested case hearing shall be conducted by
			 an administrative law judge assigned by the Office of Administrative Hearings,
			 pursuant to the Attorney General's Model Rules for Contested Cases, "Rules for
			 the Office of Administrative Hearings" OAR
			 137-003-0501 to
			 137-003-0700, as supplemented by
			 the provisions of this rule.
(c)
			 The Commission shall provide the subject individual or the subject individual's
			 legal representative with all of the information required under OAR
			 137-003-0510.
(d) As provided in OAR
			 137-003-0510(3),
			 if participating in a contested case hearing, the Commission and the subject
			 individual may agree to use a collaborative method of dispute resolution
			 designed to encourage them to work together to develop a mutually agreeable
			 solution, such as negotiation or a settlement conference.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0310 - Record Keeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized designee shall document a
			 preliminary or final fitness determination, or the closing of a fitness
			 determination due to incompleteness, in writing.
(2) Records Received from the Oregon
			 Department of State Police.
(a) Records the
			 Commission receives from the Oregon Department of State Police resulting from a
			 criminal records check, including but not limited to LEDS reports and state or
			 federal criminal offender information originating with the Oregon Department of
			 State Police or the Federal Bureau of Investigation, are confidential pursuant
			 to ORS 181.534(15).
(b) Within the Commission, only authorized
			 designees shall have access to records the Commission receives from the Oregon
			 Department of State Police resulting from a criminal records check.
(c) An authorized designee shall have access
			 to records received from the Oregon Department of State Police in response to a
			 criminal records check only if the authorized designee has a demonstrated and
			 legitimate need to know the information contained in the records.
(d) Authorized designees shall maintain and
			 disclose records received from the Oregon Department of State Police resulting
			 from a criminal records check in accordance with applicable requirements and
			 restrictions in ORS Chapter 181 and other applicable federal and state laws,
			 rules adopted by the Oregon Department of State Police pursuant thereto (see
			 OAR chapter 257, division 15), these rules, and any written agreement between
			 the Commission and the Oregon Department of State Police.
(e) If a fingerprint-based criminal records
			 check was conducted with regard to a subject individual, the Commission shall
			 permit that subject individual to inspect his or her own state and federal
			 criminal offender information, unless prohibited by federal law.
(f) If a subject individual with a right to
			 inspect criminal offender information under subsection (e) requests, the
			 Commission shall provide the subject individual with a copy of the individual's
			 own state and federal criminal offender information, unless prohibited by
			 federal law.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0320 - Authorized Designees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Appointment.
(a) The Commission Administrator
			 or the Administrator's designee shall designate positions within the Human
			 Resources Unit and the Enforcement & Compliance Unit as including the
			 responsibilities of an authorized designee.
(b) Appointment to one of the designated
			 positions shall be contingent upon an individual being approved under the
			 Commission's criminal records check and fitness determination
			 process.
(c) Appointments shall be
			 made by the Commission Administrator or the Administrator's designee at his or
			 her discretion.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0330 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 may charge a fee for acquiring criminal offender information for use in making
			 a fitness determination. In any particular instance, the fee shall not exceed
			 the fee(s) charged the Commission by the Oregon Department of State Police and
			 the Federal Bureau of Investigation to obtain criminal offender information on
			 the subject individual.
(2) The
			 Commission may charge the fee to the subject individual on whom the criminal
			 offender information is sought, or, if the subject individual is an employee of
			 a Commission contractor or vendor and is undergoing a fitness determination in
			 that capacity, the Commission may charge the fee to the subject individual's
			 employer.
(3) The Commission shall
			 not charge a fee if the subject individual is a Commission employee, a
			 Commission volunteer, or an applicant for employment or a volunteer position
			 with the Commission.
Stat. Auth.: ORS
				  181.534,
				  471.030,
				  471.040 &
				  471.730
Stats. Implemented: ORS
				  181.534 &
				  471.695
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 3 - CONTESTED CASE PROCEDURES › Section 845-003-0200 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of these rules is to implement the statutory policies set forth in ORS
			 183.411 to
			 183.470, to provide all
			 contested case participants with clear guidelines, and to provide for thorough
			 and timely hearings.
(2) In an
			 effort to provide timely hearings, these rules establish time limits which will
			 be strictly followed.
(3) These
			 rules apply to all contested case proceedings pending with or received by the
			 Commission on or after the effective date.
Stat. Auth.: ORS
				  183.341(2)
				  & 471.730(5) &
				  (6)
Stats. Implemented: ORS
				  183.341(2)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 3 - CONTESTED CASE PROCEDURES › Section 845-003-0210 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The following Attorney General's "Model Rules of Procedure for Contested Cases
			 Office of Administrative Hearings," effective May 1, 2014, are hereby adopted
			 by reference as permanent rules of procedure for contested case hearings
			 conducted on behalf of the Liquor and Cannabis Commission: OAR
			 137-001-0005, and OAR
			 137-003-0501 to
			 137-003-0700.
(2) The following Attorney General's Model
			 Rules for "Miscellaneous, Orders in Other Than Contested Cases," effective May
			 1, 2014, are hereby adopted by reference as permanent rules of procedure for
			 miscellaneous proceedings and orders in other than contested cases: OAR
			 137-004-0010 to
			 137-004-0092.
The full text of the Attorney General's "Model Rules of
				  Procedure for Contested Cases Office of Administrative Hearings" and
				  "Miscellaneous, Orders in Other Than Contested Cases" is available from the
				  Office of the Attorney General or the Oregon Liquor and Cannabis
				  Commission.
Statutory/Other Authority: ORS
				  183.341(1),
				  (2),
				  471.730(5) &
				  (6)
Statutes/Other Implemented: ORS
				  183.341(1) &
				  (2)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 3 - CONTESTED CASE PROCEDURES › Section 845-003-0220 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR Chapter 845, division 003, the following
				definitions apply:
(1) "Administrator"
			 means the Executive Director of the Oregon Liquor and Cannabis Commission or
			 the Executive Director's authorized delegates.
(2) "Charging Document" means a written
			 notice that the Commission:
(a) Intends to
			 grant or deny a new or renewed permit, license, certification, authorization,
			 endorsement or approval;
(b) Will
			 seek a sanction, civil penalty or withdraw an approval for a violation or
			 failure to comply with ORS Chapter 471, ORS Chapter 473, ORS Chapter 475C, ORS
			 471.115, ORS
			 459A.700 to ORS
			 459A.740, and OAR Chapter 845;
			 and
(c) Intends to modify, suspend
			 or terminate a retail sales agent agreement, or modify, terminate or suspend a
			 retail sales agent appointment.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 3 - CONTESTED CASE PROCEDURES › Section 845-003-0270 - Request for a Contested Case Hearing and Response to Charging Document

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party may
			 contest a charging document or a tax imposed under ORS Chapter 473 by
			 requesting a contested case hearing. The request for hearing must be in writing
			 and timely filed. The time limit for filing a request is:
(a) 60 days after service of a charging
			 document defined in OAR
			 845-003-0220(2)(a),
			 with the following exceptions:
(i) 20 days
			 after service of a charging document denying a renewal of a license under ORS
			 471.313(5);
(ii) 30 days after service of a charging
			 document denying an application for a service permit; except that the time
			 limit shall be 15 days for a denial that is based on failure to complete the
			 alcohol server education course and examination; and
(iii) 30 days after service of a charging
			 document denying an application for a marijuana handler permit; except that the
			 time limit shall be 15 days for a denial that is based on a failure to complete
			 the marijuana handler permit education course and examination.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 3 - CONTESTED CASE PROCEDURES › Section 845-003-0331 - Employee Representation at Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized by the Attorney General
			 pursuant to ORS 183.452, Commission employees
			 may appear and participate on behalf of the Commission in the following types
			 of contested case hearings:
(a) The grant or
			 denial of a new or renewed license, permit, certification, endorsement,
			 approval or other authorization applied for or requested under ORS Chapters
			 459A, 471, 473, 475C and OAR Chapter 845;
(b) A withdrawal, suspension, revocation,
			 cancellation, civil penalty or other sanction pursuant to ORS Chapter 471, ORS
			 Chapter 473, ORS Chapter 475C, ORS Chapter 459A, ORS
			 474.115, ORS
			 459.992, or OAR Chapter
			 845;
(c) A violation or dispute
			 based on a retail sales agent agreement; but not a matter where the Commission
			 has proposed to terminate or suspend performance on the agreement;
(d) Privilege Tax disputes under ORS
			 473.060(4);
			 and
(e) Orders for destruction,
			 dispossession, seizure, transfer, or sale of marijuana items pursuant to ORS
			 475C.021.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 3 - CONTESTED CASE PROCEDURES › Section 845-003-0345 - Public Attendance and Representation of Parties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contested case hearings are closed to
			 non-participants and may only be attended by participants.
(2) Representation of parties is governed by
			 OAR 137-003-0550. The Commission
			 does not allow the use of authorized representatives described in
			 137-003-0555 in its contested
			 case hearings.
Stat. Auth.: ORS
				  183.341(2),
				  471.730(5) &
				  (6)
Stats. Implemented: ORS
				  183.341(2)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 3 - CONTESTED CASE PROCEDURES › Section 845-003-0460 - Exchange of Exhibits and Witness Lists

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to any contested case hearing, the
			 administrative law judge may order the participants to exchange exhibits and
			 witness lists.
(2) Each
			 participant must file exhibits and a list of witnesses with the administrative
			 law judge and provide a copy to the other participant(s) by the date
			 established by the administrative law judge. If there is no order by the
			 administrative law judge, the exhibits and witness lists must be filed and
			 exchanged no later than 14 days before the hearing date. If a participant fails
			 to timely file and exchange the documents, a prehearing conference will be
			 convened upon request.
(3)
			 Following the filing and exchange of the witness lists and exhibits and before
			 the start of the hearing, participants shall immediately provide to the other
			 participants and the administrative law judge any newly discovered matter, such
			 as a document or name of a witness.
(4) The requirements in sections (1)-(3) of
			 this rule do not apply to service permit refusal and revocation cases. In these
			 matters, prior to any contested case hearing, the administrative law judge may
			 issue a discovery order directing the participants to file and exchange
			 exhibits and witness lists by a date established by the administrative law
			 judge.
Stat. Auth.: ORS
				  183.341(2),
				  183.425(2)
				  & 471.730(5) &
				  (6)
Stats. Implemented: ORS
				  183.341(2)
				  & 183.425(2)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 3 - CONTESTED CASE PROCEDURES › Section 845-003-0590 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only parties
			 and limited parties may file exceptions to a proposed order. Commission staff
			 may file written comments on the proposed order.
(2) Exceptions and comments must be in
			 writing and received by the Administrator of the Commission within 15 days of
			 the mailing date of the proposed order to be considered by the Commissioners.
			 If an interpreter is required to translate a proposed order for one
			 participant, all participants shall have an additional 10 days to file
			 exceptions or comments to the proposed order.
(3) The Administrator may grant a
			 participant's written request to extend the period to file exceptions or
			 comments for good cause shown or by mutual agreement. The request must be
			 received within 15 days of the mailing date of the proposed order.
(4) Oral argument to the Commissioners on
			 written exceptions or comments will be taken at a regularly scheduled meeting
			 of the Commissioners. The participants shall be notified by the Commission of
			 the date, time, and place of the meeting where such argument will be
			 heard.
Stat. Auth.: ORS
				  183.341(2)
				  & 471.730(5) &
				  (6)
Stats. Implemented: ORS
				  183.341(2)
				  & 183.460
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0001 - Prohibited Interests in the Alcoholic Beverage Industry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For this rule:
(a) "Business connections" include, but are
			 not limited to, the following behaviors and relationships:
(A) Knowingly providing anything of value to
			 a manufacturer or a business licensed by the Commission in return for something
			 of value except for the exchange of commodities or services that are routinely
			 provided to the general public under the same terms, and
(B) Partnerships with a manufacturer or
			 licensee and similar ventures formed for the purpose of making a profit.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0005 - Gifts, Gratuities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0015 - Signing of Orders

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  471.030,
				  471.040(2),
				  471.730(1)
				  & 471.730(5)
Stats. Implemented: ORS
				  471.720
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0020 - Public Records and Miscellaneous Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public Records Requests. The Commission
			 charges the fees described in sections (2) through (7) of this rule for
			 retrieving, copying and making records available in response to public records
			 requests. Public records requests must be in writing.
(2) Reimbursement of Commission staff time.
			 An hourly rate of $25.00 will be assessed for any Commission staff time greater
			 than 15 minutes spent locating records, reviewing records to delete exempt
			 material, supervising the inspection of records, copying records, reproducing
			 records onto a disk or other electronic format, certifying records, and mailing
			 records. This charge is in addition to the charges for the copies of the
			 documents. The Commission may charge for the cost of searching for records
			 regardless of whether the Commission was able to locate the requested
			 record.
(3) Hard copy Records. The
			 fee schedule listed below is reasonably calculated to reimburse the Commission
			 for the actual costs of providing hard copies of records.
(a) Hard copy (black and white, letter size):
			 $0.25 per page. Costs for other sized or color copies will be the Commission's
			 actual cost.
(b) Fax charges: $0.50
			 (per page up to a maximum of 20 pages). If the fax is over 20 pages the
			 Commission will provide the records in another appropriate format or manner
			 such as a disk or hard copies.
(c)
			 Archive Retrieval: actual cost.
(d)
			 Whenever feasible the Commission will provide double-sided copies of a record
			 request. Each side of a double-sided copy will constitute one
			 page.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0022 - Annual License Fee Definition and Refund

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS 471-040, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.311
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0031 - Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  471.040
Stats. Implemented: ORS
				  293.445
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0060 - Sales by U.S. Customs, County Sheriffs, Other Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0065 - Communications Between the Commission and Applicants, Licensees, Service Permittees or Alcohol Server Education Course Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission sends all correspondence
			 to the mailing address that the applicant, permittee, provider or licensee gave
			 on the original application form. An applicant, permittee, provider or
			 licensee, including officers, directors, shareholders, and partners, who wants
			 to receive suspension, cancellation, nonrenewal and contested case hearing
			 notices at a different address, must notify the Commission in writing of this.
			 The Commission will include this information about notice and the notice option
			 as a written part of the application packet.
(2) Each applicant, permittee, provider or
			 licensee is responsible for notifying the Commission in writing of any change
			 in an address specified in section (1) of this rule.
(3) When the Commission gives notice by mail,
			 according to ORS Chapter 183 and as specified in section (1) of this rule, the
			 applicant, permittee, provider or licensee has received proper notice even when
			 the applicant, permittee, provider or licensee fails to claim this
			 mail.
Stat. Auth.: ORS 183, including 183.341(2), 183.415(4) &
				  183.450(3); & ORS 471 & 472, including ORS
				  471.030,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS 183, including ORS
				  183.341(2)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0070 - Screening and Selection Procedures for Personal Service Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose:
			 Department of Administrative Services Administrative Rules OAR 122-020-0005
			 through 122-041-0005 govern personal service contracts. Within these rules, the
			 Commission is required to develop its own rule for screening and selecting
			 procedures. This rule describes the Commission's procedures.
(2) The Department of General Services in OAR
			 125-310-0092 defines personal service contracts as:
(a) Contracts for services performed as an
			 independent contractor in a professional capacity, including but not limited to
			 the services of an accountant; attorney; architectural or land use planning
			 consultant; physician or dentist; registered professional engineer; appraiser
			 or surveyor; passenger aircraft pilot; aerial photographer; timber cruiser;
			 data processing consultant or broadcaster;
(b) Contracts for services as an artist in
			 the performing or fine arts, including but not limited to persons identified as
			 photographer, filmmaker, weaver, or sculptor;
(c) Contracts for services of a specialized,
			 creative and research-oriented, non-commercial nature;
(d) Contracts for services as a
			 consultant;
(e) Contracts for
			 educational and human custodial care services.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0075 - Public Contracting

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0100 - Production of Alcohol for Fuel

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 471.403 prohibits the distilling
				of alcoholic liquor without a license. Producers of alcohol for fuel will not
				violate ORS 471.403if 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.
Stat. Auth.: ORS 471 & ORS 472, including ORS
				  471.030,
				  471.730(1) &
				  (5),
				  472.030,
				  472.060(1) &
				  (2)(d)
Stats. Implemented: ORS
				  471.205 & ORS
				  471.730(8)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0101 - Industrial Alcohol Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0105 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471, including 471.030, 471.730(1) & (5)
Stats. Implemented: ORS
				  471.730(8)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 4 - GENERAL › Section 845-004-0120 - Investigative Subpoenas and Oaths

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0301 - Purpose and Interpretation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0302 - Regular License

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 845, regular license means any license
				that may be issued for an annual period.
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.292 &
				  471.730(5)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0303

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS 471, including 471.040, 471.157, 471.730(5)
				  & (6)
Stats. Implemented: ORS
				  471.155,
				  471.168,
				  471.311 &
				  471.313
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0306

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471,
				  471.030,
				  471.040,
				  471.730(1) &
				  (5)
Stats. Implements: ORS
				  471.313
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0308 - Valid Bases for Adverse Local Government Recommendations and for Commission Use of Information Received from the Public

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0311 - True Name on Application; Interest in Business

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
(a) "Licensee of record" means an individual
			 or entity who the Commission has listed on the license certificate as a license
			 holder for a license. There may be more than one licensee of record for the
			 same license.
(b) "Entity" means an
			 association, corporation, limited liability company, partnership, trust, or any
			 similar entity that has legal standing under the laws of Oregon or another
			 state within the United States.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0312 - Application for Issuance of an Annual License or Request for Change to License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for issuance of an annual license under ORS chapter 471 must submit to the
			 Commission all materials, forms, documents, information, and fees required by
			 the Commission in a manner that are complete, accurate, legible, timely, and
			 correct.
(2) In order to accept an
			 application for issuance of an annual license, an applicant must submit to the
			 Commission at a minimum the edition of the Liquor License Application form
			 posted on the Commission's website that has been completed and includes from
			 the local government as described in OAR
			 845-005-0304 either:
(a) The local government's written
			 recommendation;
(b) Documentation
			 from the local government that it received the written notice provided from the
			 applicant pursuant to OAR
			 845-005-0304 and the date of
			 receiving that notice; or
(c)
			 Documentation from the local government that the applicant is not required to
			 submit a notice to the local government.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0314

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1)
				  & (5)
Stat. Implemented: ORS
				  471.311(2)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0315

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1)
				  & (5)
Stat. Implemented: ORS
				  471.311(1),
				  471.155;
				  471.313 &
				  471.168.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0320 - License Refusal Reasons that Can Not Be Overcome

Current through Register Vol. 63, No. 7, July 1, 2024
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 fails to successfully
			 complete an approved Alcohol Server Education Course as ORS
			 471.542 and the Commission rules
			 require.
(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) &
				  (5)
Statutes/Other Implemented: ORS
				  471.168 &
				  471.313
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0321 - Additional License Refusal Reasons for a Full On-Premises Sales License for a Nonprofit Private Club

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 471.175 allows the Commission to
				issue a full on-premises sales license to a nonprofit private club as described
				in 471.175(8). 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 division 5.
(1) Definitions. For
			 this rule and OAR 845-006-0490:
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0322 - Additional License Refusal Reasons for a Full On-Premises Sales License for a For-Profit Private Club

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0325 - License Refusal Reasons: Applicant Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may refuse to license an applicant if any of the
				criteria in this rule apply. Upon a finding that a license should be refused,
				the Commission will consider intervening circumstances to determine whether the
				refusal basis is supported or overcome. The intervening circumstances may have
				occurred before or after the incident or incidents that are relevant to the
				specific criterion. The intervening circumstances may be weighed in favor of
				the applicant, weighed against the applicant, or weighed neither for nor
				against the applicant. The criteria are as follows:
(1) The applicant has inadequate financial
			 resources to build or operate the premises proposed to be licensed, or has
			 inadequate financial resources to meet the financial obligations of the
			 proposed business. This section does not apply to license renewal
			 applications.
(2) The applicant has
			 not built the licensed premises, or has not operated the licensed business,
			 substantially as proposed by the applicant and previously approved by the
			 Commission.
(3) The applicant
			 cannot or will not provide an employee who can communicate effectively with
			 customers and Commission employees. This person must be on the licensed
			 premises during the licensee's business hours. "Communicate effectively" means:
(a) Knowing how to lawfully sell and serve
			 alcoholic beverages and being able to explain these practices to customers;
			 and
(b) Understanding a Commission
			 employee when he or she explains lawful sale and service of alcoholic beverages
			 and responding in a way that the employee can reasonably understand.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0326 - License Not Demanded by Public Interest or Convenience

Current through Register Vol. 63, No. 7, July 1, 2024
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 the applicant shows
				good cause to overcome the criteria:
(1) Alcohol-Related Problems at Other
			 Licensed Premises:
(a) The applicant has had
			 repeated problems at another licensed location during the two years preceding
			 this application or has had a license canceled or renewal refused because of
			 problems with disturbances, unlawful activities or noise. These problems:
(A) Must occur on the licensed premises or be
			 caused by patrons in the immediate vicinity of the licensed premises;
(B) Include, but are not limited to,
			 obtrusive or excessive noise, music or sound vibrations; public drunkenness;
			 fights; altercations; harassment; unlawful drug sales; alcohol-related litter;
			 trespassing on private property; and public urination; and
(C) Must be related to the sale or service of
			 alcohol under the exercise of the license privileges.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0329

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 471,
				  471.040 &
				  471.730
Statutes/Other Implemented: ORS
				  471.030,
				  471.313 &
				  471.315
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0331

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 471,
				  471.040 &
				  471.730
Statutes/Other Implemented: ORS
				  471.001,
				  471.030,
				  471.159,
				  471.313 &
				  471.315