reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The terms
			 defined in ORS 459A.700 have the same meaning
			 in OAR 845-020-0005 through
			 845-020-0060.
(2) "Area of a Business" means the square
			 footage of the entire building or portion of the building leased or owned by
			 the dealer. The area of a business only includes the retail space and not the
			 square footage of the entire business, if:
(a)
			 The retail space is less than 5,000 square feet;
(b) The retail space occupies less than 50
			 percent of the leased or owned space where retail operations are located;
			 and
(c) The nonretail space is used
			 in whole or in part for the manufacturing of beverages.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0010 - Certification of Containers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 beverage container may be certified by the Commission if:
(a) It is reusable as a beverage container by
			 more than one manufacturer in the ordinary course of business; and
(b) More than one manufacturer will in the
			 ordinary course of business accept the beverage container for reuse as a
			 beverage container and pay the refund value of the container.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0015 - Application for Certification of Containers

Current through Register Vol. 63, No. 7, July 1, 2024
Any manufacturer desiring certification of a beverage container
				shall make application to the Commission upon forms to be furnished by the
				Commission. The application shall state the name and address of the
				manufacturer requesting the container certification and the name and addresses
				of each other manufacturer, known to the applicant, who will in the ordinary
				course of business accept the beverage container for reuse as a beverage
				container and pay the refund value of the container. The application shall
				include such additional information as the Commission may require. Each
				application for certification will be accompanied by the following:
(1) Sample of the container to be considered
			 for certification.
(2) Container
			 manufacturer's print of the container design and specifications.
(3) Two color photographs (5" x 7") of
			 container.
(4) Statement of
			 applicant and of one other manufacturer that each will in the ordinary course
			 of business accept the beverage container for reuse as a beverage container and
			 pay the refund value of the container.
Stat. Auth.: ORS
				  459A.725(1) &
				  (3) &
				  459A.730(1) &
				  (2)
Stats. Implemented: ORS
				  459A.730
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0016 - Container Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 beverage container sold or offered for sale in Oregon shall have a refund value
			 unless exempt under ORS
			 459A.705 or these rules.
(2) Beverage containers with the
			 following beverage types are exempt:
(a)
			 Distilled Spirits;
(b)
			 Wine;
(c) Milk and plant-based
			 milks;
(d) Infant formula;
			 and
(e) Liquid meal
			 replacements.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0020 - Full-Service Redemption Centers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Commission shall approve a full-service redemption center if it finds the
			 redemption center provides a convenient service to consumers for the return of
			 empty beverage containers. The Commissioners delegate to the Administrator the
			 authority to grant or deny redemption center applications in accordance with
			 this rule.
(2) The Commission
			 considers the following factors in determining whether or not a full-service
			 redemption center provides a convenient service to consumers for the return of
			 empty beverage containers:
(a) Location of
			 the redemption center;
(b) Kinds of
			 beverage containers accepted at the redemption center;
(c) Dealers occupying 5,000 or more square
			 feet within a redemption center zone that will be served by the redemption
			 center and their distance from the redemption center;
(d) Dealers occupying 5,000 or more square
			 feet within a redemption center zone that will not be served by the redemption
			 center and their distance from the redemption center.
(e) Days and hours of operation of the
			 redemption center;
(f) Parking
			 facilities serving the redemption center;
(g) Evidence showing that the redemption
			 center will be located in an area zoned for commercial use under state statute
			 or local ordinance or will be located in an area that will provide more
			 convenient service given the proximity of the location to the dealers within
			 the convenience zones;
(h) The cap,
			 if any, on the number of beverage containers per person per day that the
			 redemption center will accept;
(i)
			 Payment method(s) offered by the redemption center for redeemed beverage
			 containers;
(j) The projected
			 volume of beverage container returns at the redemption center as compared to
			 the actual returns at the dealers to be served by the redemption center;
			 and
(k) A description of how
			 consumers will be notified of the redemption center's location, services, and
			 service hours.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0025 - Application for Approval for a Full-Service Redemption Center

Current through Register Vol. 63, No. 7, July 1, 2024
Any person desiring approval of a full-service redemption
				center shall make application to the Commission upon forms to be furnished by
				the Commission. The application shall include the following and such additional
				information as the Commission may require:
(1) Name and address of each person to be
			 responsible for the establishment and operation of the redemption
			 center;
(2) Exact location and
			 mailing address of redemption center;
(3) Kinds of beverage containers that will be
			 accepted at the redemption center;
(4) Names and addresses of the dealers
			 occupying 5,000 or more square feet within a redemption center zone that will
			 be served by the redemption center;
(5) Names and addresses of the dealers
			 occupying 5,000 or more square feet within a redemption center zone that will
			 not be served by the redemption center;
(6) Distances from the redemption center to
			 the dealers occupying 5,000 or more square feet within a redemption center zone
			 that will be served;
(7) Distances
			 from the redemption center to dealers occupying 5,000 or more square feet
			 within a redemption center zone that will not be served;
(8) Days and hours of operation of the
			 redemption center;
(9) Description
			 of parking facilities to serve the redemption center;
(10) Evidence showing that showing that a
			 redemption centerwill be located in an area zoned for commercial use under
			 state statute or local ordinance or will be located in an area that will
			 provide more convenient service given the proximity of the location to the
			 dealers within the convenience zones;
(11) The cap, if any, on the number of
			 beverage containers per person per day that will be accepted at the redemption
			 center;
(12) Payment method(s) for
			 redeemed beverage containers;
(13)
			 The projected volume of beverage container returns at the redemption center as
			 compared to the actual returns at the dealers to be served by the redemption
			 center; and
(14) A description of
			 how consumers will be notified of the redemption center's location, services,
			 and service hours.
Statutory/Other Authority: ORS
				  459A.735 &
				  459A.737
Statutes/Other Implemented: ORS
				  459A.735
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0027 - Dealer Redemption Centers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Requirements. An individual may establish a dealer redemption center to serve
			 one or more dealers doing business in an area that is not part of a
			 full-service redemption center convenience zone specified by the Commission
			 under ORS 459A.738 and
			 845-020-0020(4). An individual operating a
			 dealer redemption center must:
(a) Provide a
			 secure drop-off service at no charge for empty beverage containers to be
			 returned by any person for the refund value established by ORS
			 459A.705 in a bag or other bulk
			 return container sold for that purpose;
(b) Provide an accounting mechanism by which
			 a person may redeem the refund value of beverage containers returned in bulk
			 either immediately in cash from a dealer participating in the dealer redemption
			 center or no later than one week after the beverage containers are dropped
			 off;
(c) Be serviced by a
			 distributor cooperative for purposes of transporting and processing redeemed
			 beverage containers;
(d) Be
			 available for persons to return beverage containers to the dealer redemption
			 center during any time that a participating dealer is open between the hours of
			 8 a.m. and 8 p.m. Notwithstanding the provisions of this subsection, the dealer
			 where the dealer redemption center is located must accept beverage containers
			 and pay the refund value pursuant to ORS
			 459A.710 and ORS
			 459A.715 at all hours the dealer
			 is open; and
(e) Be of a sufficient
			 capacity to provide a convenient service to the public as the Commission may
			 determine.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0030 - Standards of Cleanliness for Redemption Centers

Current through Register Vol. 63, No. 7, July 1, 2024
All persons responsible for the establishment and operation of
				the redemption center shall at all times keep the redemption center premises,
				including the parking facilities serving the redemption center, in full
				compliance with the law. Such persons shall keep such redemption center
				premises in good repair, painted, clean, well lighted, free of litter and
				trash, and free of rodents, vermin, infestations of insects, and their
				harborages or breeding places.
Statutory/Other Authority: ORS
				  459A.735(1), (3) &
				  (4)
Statutes/Other Implemented: ORS
				  459A.735
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0031 - Requirements of Distributors Not Participating in a Distributor Cooperative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Distributors
			 that do not participate in a distributor cooperative and that sold more than
			 500,000 beverages in beverage containers in Oregon in the previous calendar
			 year must establish a program to provide redemption services in the
			 distributor's distribution area that are comparable to services provided by a
			 distributor cooperative in this state.
(2) Redemption services must include:
(a) Operation of full-service redemption
			 centers that are staffed and operating at least 10 hours each day, seven days a
			 week;
(b) Customer access to
			 reverse vending machines, hand counting, and bag drop-off service;
(c) Providing dealers with a pick-up service,
			 bag drop-off facilities, and facilitating establishment of dealer redemption
			 centers; and
(d) Establishing
			 programs for nonprofit organizations to raise funds.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0032 - Fees for Distributors and Distributor Cooperatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fees for
			 distributors that do not participate in distributor cooperatives:
(a) A distributor that sold more than 500,000
			 beverages in beverage containers in Oregon during the previous calendar year
			 shall pay annually to the Commission $3,000 multiplied by the total number of
			 full-service redemption centers operated in this state for any period during a
			 year, regardless of the person that operates the full-service redemption
			 center. The fee must be paid no later than July 1 of the year prior to the year
			 for which the fee applies. If the distributor operates a full-service
			 redemption center, the distributor may satisfy its obligation to pay the annual
			 registration fee described in ORS
			 459A.737 by paying the fee
			 described in this subsection.
(b) A
			 distributor that sold at least 15,000 but not more than 500,000 beverages in
			 beverage containers in Oregon during the previous calendar year must pay
			 annually to the Commission a fee of $25,000.
(c) A distributor that sold fewer than 15,000
			 beverages in beverage containers in Oregon during the previous calendar year
			 must pay annually to the Commission a fee of $5,000.
(d) Fees described in (1)(b) and (1)(c) must
			 be paid no later than January 1 of the year following the year for which the
			 fee applies.
(e) Distributors
			 described in (1)(b) and (1)(c) that become a participant in a distributor
			 cooperative before December 31 of the year for which the fee applies are not
			 required to pay the fee.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0035 - When Dealer Not Required to Accept Containers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 does not interpret ORS
			 459A.710 to require a dealer to
			 accept an empty beverage container, if
:
(a) The area of the business occupies a total
			 enclosed space of 5,000 or more square feet in a single location and has not
			 offered the kind of beverage for sale within the past six months;
(b) The area of the business occupies a total
			 enclosed space of less than 5,000 square feet in a single location and has not
			 offered the kind, size, and brand of beverage for sale within the past six
			 months;
(c) The dealer has
			 reasonable grounds to believe the beverage was sold at retail outside
			 Oregon;
(d) The dealer has
			 reasonable grounds to believe that the container was obtained from or through a
			 distributor without paying the refund value. The primary goal of this
			 subsection is to prevent distributors, recyclers or others from putting
			 containers through the refund/return system more than once without paying the
			 refund value; or
(e) The dealer has
			 reasonable grounds to believe that the container has already been redeemed,
			 such as through a reverse vending process.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0040 - Sanctions and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Commission is charged with ensuring:
(a)
			 Consumers are able to return redeemable containers to dealers redemption
			 centers; and
(b) Dealers are able
			 to return containers to distributors and distributor cooperatives.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 20 - BEVERAGE CONTAINERS AND REDEMPTION CENTERS › Section 845-020-0060 - Independent Audit Standards and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within six months of the date that the
			 Commission receives reports required by 459A.718(5)(b) from a distributor
			 cooperative, distributor or importer, the Commission may require that a
			 distributor cooperative, distributor or importer undergo an independent audit
			 to determine the accuracy of information contained in the report.
(2) The distributor cooperative, distributor
			 or importer shall use an independent auditor that:
(a) Is registered to do business in Oregon;
			 and
(b) Is registered with the
			 Oregon Board of Accountancy.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1000 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not produce, process, store, transport, sell, sample, test, or deliver
			 marijuana for commercial recreational use without a license from the Commission
			 or as otherwise authorized under these rules.
(2) Nothing in these rules exempts a licensee
			 or licensee representative from complying with any other applicable state or
			 local laws.
(3) Licensure under
			 these rules does not protect a person from possible criminal prosecution under
			 federal law.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.013,
				  475C.065,
				  475C.085,
				  475C.093,
				  475C.097,
				  475C.449 &
				  475C.548
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				845-025-1000 to
				845-025-8590 and OAR
				845-026-0100 to
				845-026-7070, unless otherwise
				specified, the following definitions apply:
(1) "Added substance" means any component or
			 ingredient added to marijuana, usable marijuana, a cannabinoid concentrate, a
			 cannabinoid extract, a cannabinoid product, industrial hemp, or a hemp item
			 during or after processing that is present in the final cannabinoid product,
			 including but not limited to flavors, non-marijuana derived terpenes, and any
			 substances used to change the viscosity or consistency of the cannabinoid
			 product.
(2) "Adulterated" means to
			 make a marijuana item or hemp item impure by adding foreign or inferior
			 ingredients or substances. A marijuana item or hemp item may be considered to
			 be adulterated if:
(a) In the Commission's
			 judgment, it bears or contains any poisonous or deleterious substance in a
			 quantity rendering the marijuana item or hemp item injurious in a manner that
			 may pose a risk to human health, including but not limited to tobacco or
			 nicotine;
(b) It bears or contains
			 any added poisonous or deleterious substance exceeding a safe tolerance if such
			 tolerance has been established;
(c) It consists in whole or in part of any
			 filthy, putrid, or decomposed substance, or otherwise is unfit for human
			 consumption;
(d) It is processed,
			 prepared, packaged, or is held under improper time-temperature conditions or
			 under other conditions increasing the probability of contamination with
			 excessive microorganisms or physical contaminants;
(e) It is processed, prepared, packaged, or
			 held under insanitary conditions increasing the probability of contamination or
			 cross-contamination;
(f) It is held
			 or packaged in containers composed, in whole or in part, of any poisonous or
			 deleterious substance rendering the contents potentially injurious to
			 health;
(g) Any substance has been
			 substituted wholly or in part therefor;
(h) Damage or inferiority has been concealed
			 in any manner; or
(i) Any
			 substance has been added thereto or mixed or packaged therewith so as to
			 increase its bulk or weight, or reduce its quality or strength, or make it
			 appear better or of greater value than it is.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1030 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 submit an application to the Commission, on a form prescribed by the
			 Commission, for a marijuana producer, processor, wholesaler, retail, or
			 laboratory license.
(2) An
			 application for a license and all documentation required in the application
			 instructions and any requirements of this rule must be submitted in a manner
			 specified by the Commission. The application fee specified in OAR
			 845-025-1060 must also be paid
			 in a manner specified by the Commission.
(3) An application must include the
			 following:
(a) The names and other required
			 information for all individuals and legal entities who are applicants as
			 described in OAR 845-025-1045.
(b) Any forms required by the Commission and
			 any information identified in the form that is required to be
			 submitted;
(c) A map or sketch of
			 the premises proposed for licensure, including the defined boundaries of the
			 premises, the location of any primary residence located on the same tax lot as
			 the licensed premises, and a scaled floor or plot plan sketch of all enclosed
			 areas with clear identification of walls, all areas of ingress and egress, and
			 all limited access areas;
(d) An
			 operating plan in a form prescribed by the Commission that demonstrates at a
			 minimum, how the applicant's proposed premises and business will comply with
			 the applicable laws and rules regarding:
(A)
			 Security;
(B) Employee
			 qualifications and training;
(C)
			 Transportation of product;
(D)
			 Preventing minors from entering the licensed premises; and
(E) Preventing minors from obtaining or
			 attempting to obtain marijuana items.
(e) For producers:
(A) The proposed production tier and producer
			 type as described in OAR
			 845-025-2040.
(B) A report describing the applicant's
			 electricity and water usage, on a form prescribed by the Commission.
(i) For initial licensure, the report must
			 describe the estimated electricity and water usage taking into account all
			 portions of the premises and expected requirements of the operation for the
			 next twelve months.
(ii) For
			 renewal, the report must describe the actual electricity and water usage for
			 the previous year taking into account all portions of the premises.
(C) An attestation that the
			 applicant has a legal source of water.
(D) If the applicant is not the owner of the
			 premises proposed to be licensed, a form, prescribed by the Commission, signed
			 by the owner of the premises that states the owner consents to the production
			 of marijuana on the premises.
(f) For processors, on a form prescribed by
			 the Commission, the proposed endorsements as described in OAR
			 845-025-3210.
(g) For retailers, a certificate of tax
			 compliance for each applicant, as described in OAR
			 845-025-1045(3) and
			 (4). The certificate must have been issued
			 within 90 calendar days of date the initial application was
			 submitted.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1045 - True Name on Application; Interest in Business

Current through Register Vol. 63, No. 7, July 1, 2024
(1) True name on
			 application. An application for a license must specify the real and true names
			 of all individuals and legal entities required to be disclosed in the
			 application under OAR
			 845-025-1030 and this
			 rule.
(2) License privileges.
			 License privileges are available only to licensees or laboratory licensees and
			 licensee representatives and only for the premises designated on the
			 license.
(3) The following
			 individuals and legal entities are applicants:
(a) Any individual or legal entity who holds
			 or controls a direct or indirect interest of 20 percent or more in the business
			 proposed to be licensed;
(b) Any
			 individual or legal entity who is entitled to receive a portion of revenue,
			 proceeds, or profits from the business proposed to be licensed totaling 20
			 percent or more;
(c) Any individual
			 or legal entity that has an ownership interest in the business as described in
			 OAR section (5) of this rule; and
(d) Any individual or entity required to be
			 listed as applicants under section (4) of this rule.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1060 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the time of
			 initial license or certificate application an applicant must pay a $250
			 non-refundable application fee.
(2)
			 If the Commission approves an application and grants an annual license, the
			 following fees must be paid, prorated for an initial license that is issued for
			 six months or less:
(a) Producers:
(A) Micro Tier I $1,000.
(B) Micro Tier II $2,000.
(C) Tier I $3,750.
(D) Tier II $5,750.
(E) Medical Canopy $100.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1070 - Late Renewal Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Commission receives a completed license or certificate renewal application less
			 than 20 days before the date the existing license or certificate expires, the
			 Commission will charge a late renewal fee of $150 for licenses and
			 certificates.
(2) If the Commission
			 receives a completed license or certificate renewal application within 30 days
			 after the date the existing license or certificate expires, the Commission will
			 charge a late renewal fee equal to $300 for licenses and
			 certificates.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.017
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1080 - Criminal Background Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If an individual is required by the Commission to undergo a criminal background
			 check, the individual must provide to the Commission:
(a) A criminal background check request form,
			 prescribed by the Commission that includes but is not limited to:
(A) First, middle and last name;
(B) Any aliases;
(C) Date of birth;
(D) Driver license information; and
(E) Address and recent residency
			 information.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1090 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once the
			 Commission has determined that an application is complete it must review the
			 application to determine compliance with ORS Chapter 475C and these
			 rules.
(2) The Commission:
(a) Must receive a land use compatibility
			 statement from the city or county that authorizes land use in the city or
			 county in which the applicant's proposed premises is located prior to acting on
			 an application for a new license, a change to a larger producer canopy
			 designation, a change to producer cultivation method designation or change in
			 processor endorsement type.
(b)
			 May, in its discretion, prior to acting on an application:
(A) Contact any applicant or individual with
			 a financial interest and request additional documentation or information;
			 and
(B) Verify any information
			 submitted by the applicant.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1100 - Approval of Application and Issuance of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Commission determines that an applicant is in compliance with ORS
			 475C.017 to
			 475C.289 and these rules the
			 Commission must notify the applicant in writing that the application has been
			 approved and after payment by the applicant of the license fee, provide the
			 applicant with proof of licensure that includes a unique license number, the
			 effective date of the license, date of expiration, and a description of
			 premises for which the license was issued. If the applicant paid the license
			 fee with a check the Commission will not issue a license until it has
			 confirmation that the check has cleared.
(2) A licensee or laboratory licensee:
(a) May not operate until on or after the
			 effective date of the license.
(b)
			 Must display proof of licensure in a prominent place on the premises.
(c) May not use the Commission name or logo
			 on any signs at the premises, on the business' website, or in any advertising
			 or social media, except to the extent that information is contained on the
			 proof of licensure or is contained in part of warnings, signage or other
			 documents required by these rules.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1115 - Denial of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 must deny an initial or renewal application if:
(a) An applicant is under the age of
			 21.
(b) The applicant's land use
			 compatibility statement shows that the proposed land use is prohibited in the
			 applicable zone, if a land use compatibility statement is required.
(c) The proposed licensed premises is
			 located:
(A) Outside of the State of
			 Oregon.
(B) On federal
			 property.
(C) On reservation or
			 tribal trust land of a federally recognized Indian tribe unless that tribe has
			 entered into an agreement with the State of Oregon which allows licensing of
			 recreational marijuana businesses.
(d) The proposed licensed premises of a
			 processor who has applied for an endorsement to process extracts is located in
			 an area that is zoned exclusively for residential use.
(e) The proposed licensed premises of a
			 retail applicant is located:
(A) Except as
			 provided in ORS 475C.101, within 1,000 feet of:
(i) A public elementary or secondary school
			 for which attendance is compulsory under ORS
			 339.020; or
(ii) A private or parochial elementary or
			 secondary school, teaching children as described in ORS
			 339.030.
(B) In an area that is zoned exclusively for
			 residential use.
(f) The
			 proposed licensed premises of a wholesaler applicant is in an area zoned
			 exclusively for residential use.
(g) A city or county has prohibited the
			 license type for which the applicant is applying, in accordance with ORS
			 475C.950.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1130 - Withdrawal of Application

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant may withdraw an initial or renewal application at
				any time prior to the Commission acting on the application unless the
				Commission has determined that the applicant submitted false or misleading
				information in which case the Commission may refuse to accept the withdrawal
				and may issue a notice of proposed denial in accordance with OAR
				845-025-1115.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.037
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1131 - Application Submission Deadlines

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All license applications submitted on or before January 1, 2022 through the
			 Commission's online licensing system with the nonrefundable application fee
			 will be held until the application is assigned to a Commission staff
			 member.
(2) Until March 31, 2024,
			 applications for producer, processor, wholesaler, and retailer licenses
			 submitted after January 1, 2022 will be inactivated.
Statutory/Other Authority: ORS
				  475C.017 & 2022 OL Ch. 108
				  Sec. 1
Statutes/Other Implemented: 2022 OL Ch. 108 Sec.
				  1
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1132 - Prohibited Changes to License Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 will not allow changes of ownership of an application after submission of an
			 application for licensure.
(2) For
			 purposes of this rule, "change of ownership" is defined as:
(a) Adding or replacing an applicant who will
			 be a licensee of record; or
(b) A
			 business changing its ownership structure such that natural persons who did not
			 previously hold a direct or indirect interest in the business will collectively
			 hold a direct or indirect interest of 51 percent or greater.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1135 - Application Processing Deadlines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "complete the application process" means an applicant
			 has submitted all fees, forms, documents and information required under OAR
			 845-025-1030 that are necessary
			 to act on an application and the proposed premises meets all of the security
			 requirements described in OAR
			 845-025-1400 to
			 845-025-1470. Completing the
			 application process does not include timeframes described in OAR
			 845-025-1090(5)
			 to correct deficiencies discovered during a pre-licensing inspection.
(2) Assigned Applications
(a) An applicant that had an application
			 assigned to a Commission staff member prior to January 1, 2020 must comply with
			 any and all deadlines for completing the application process that the
			 Commission previously provided to the applicant in writing.
(b) An applicant that has an application
			 assigned to a Commission staff member on or after January 1, 2020 must complete
			 the application process within 60 calendar days of the Commission notifying the
			 applicant that the application has been assigned.
(c) If the applicant does not complete the
			 application process within 60 calendar days, the application will be unassigned
			 and placed on hold as described in subsection (3)(b) of this rule.
(d) If the Commission discovers a potential
			 basis to deny the license that requires further investigation, the applicant is
			 not subject to the deadline described in (2)(b) above. The Commission will
			 communicate any new deadlines to the applicant in writing.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1145 - Communication With Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 an applicant or licensee is required to or elects to submit anything in writing
			 to the Commission, unless otherwise prescribed by the Commission, the applicant
			 or licensee may submit the writing to the Commission via:
(a) Mail;
(b) In-person delivery;
(c) Facsimile; or
(d) E-mail.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1160 - Notification of Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant,
			 licensee, or laboratory licensee must notify the Commission in writing within
			 10 calendar days of any of the following:
(a)
			 A change in any contact information for anyone listed in an application or
			 subsequently identified as an applicant;
(b) A disciplinary proceeding or licensing
			 enforcement action by another governmental entity that may affect the
			 business;
(c) The temporary closure
			 of the business for longer than 30 days; or
(d) The permanent closure of the
			 business.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1165 - Change of Business Structure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "change of business structure":
(a) Means a change in a licensee's or
			 laboratory licensee's ownership structure by adding an individual or legal
			 entity who meets the qualifications of an applicant as described in OAR
			 845-025-1045 or by removing an
			 individual or legal entity that is a licensee or laboratory licensee.
(b) Does not mean a "change of ownership" as
			 described in OAR 845-025-1170.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1170 - Change of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "change of ownership":
(a) Means a licensee or laboratory licensee
			 proposes to:
(A) Add a licensee of
			 record;
(B) Replace a current
			 licensee of record; or
(C) Change
			 its ownership structure such that natural persons who did not hold a direct or
			 indirect interest in the business at the start of the license year will
			 collectively hold a direct or indirect interest of 51 percent or
			 greater.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1175 - Changing, Altering, or Modifying Licensed Premises

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 issues licenses with the expectation that the licensee will operate the
			 business as proposed at the time of licensing. A licensee may not make any
			 physical changes to the licensed premises that materially or substantially
			 alter the licensed premises or the usage of the licensed premises from the
			 plans originally approved by the Commission without the Commission's prior
			 written approval.
(2) A licensee
			 who intends to make any material or substantial changes to the licensed
			 premises must submit a form prescribed by the Commission, and submit any
			 information identified in the form to be submitted, to the Commission, prior to
			 making any such changes.
(3) The
			 Commission must review the form and other information submitted under
			 subsection (2) of this rule, and will approve the changes if the changes would
			 not result in an initial or renewal application denial under OAR
			 845-025-1115.
(4) If the Commission denies the change the
			 licensee must not make the proposed changes. If the licensee makes the proposed
			 changes, the licensee must surrender the license or the Commission will propose
			 to suspend or revoke the license.
(5) If the Commission approves the change,
			 the Commission may require a site inspection of the changed area and a
			 modification of the licensee's security plan prior to the licensee exercising
			 any license privileges.
(6) For
			 purposes of this rule a material or substantial change requiring approval
			 includes, but is not limited to:
(a) Any
			 increase or decrease in the total physical size or capacity of the licensed
			 premises;
(b) The sealing off,
			 creation of or relocation of a common entryway, doorway, passage or other such
			 means of public ingress or egress, when such common entryway, doorway or
			 passage alters or changes limited access areas, such as the areas in which
			 cultivation, harvesting, processing, or sale of marijuana items occurs within
			 the licensed premises;
(c) Any
			 physical change that would require the installation of additional video
			 surveillance cameras or a change in the security system; or
(d) Any addition or change of location of a
			 primary residence located on the same tax lot as a licensed premises.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1180 - Change of Location

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "change of location" means a transfer of a license or
			 laboratory license from the premises for which the license or laboratory
			 license is currently issued to another premises that does not include any part
			 of the premises for which the license or laboratory license is currently
			 issued.
(2) To request a change of
			 location, a licensee or laboratory licensee must submit:
(a) A change of location request form as
			 prescribed by the Commission;
(b) A
			 Land Use Compatibility Statement for the new proposed location from the city or
			 county that authorizes land use for that location.
(c) Any additional forms, documents, and
			 information identified in the form to be submitted to the Commission;
(d) Additional information requested by the
			 Commission if there is a reason to believe that the information is needed to
			 determine the merits of the change of location request; and
(e) The fee specified in OAR
			 845-025-1060.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1190 - License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee must
			 annually submit a renewal application and the applicable fees regardless of
			 whether the Commission has acted on a previous renewal application. A research
			 certificate holder must submit a renewal application and the applicable renewal
			 fees every three years, regardless of whether the Commission has acted on a
			 previous renewal application.
(2)
			 For purposes of this rule "license expiration date" means:
(a) The date of expiration on a license;
			 or
(b) If the Commission has not
			 acted on a pending license renewal application, the date the pending license
			 would expire if the application had been approved.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1190 - License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Renewal
			 Applications. A licensee must annually submit a renewal application and the
			 applicable fees regardless of whether the Commission has acted on a previous
			 renewal application. A research certificate holder must submit a renewal
			 application and the applicable renewal fees every three years, regardless of
			 whether the Commission has acted on a previous renewal.
(a) Any licensee who and timely applies as
			 described in subsection (2) of this rule with the Commission on or before the
			 license expiration date may continue to operate, pending a decision by the
			 Commission.
(b) Any licensee who
			 fails to annually and timely apply as described in subsection (2) of this rule
			 on or before the license expiration date must stop engaging in any licensed
			 activity when the license expires.
(c) If the licensee annually applies as
			 described in subsection (2) of this rule within 30 days after the license
			 expiration date, the licensee may resume operation pending a decision by the
			 Commission on the renewal application.
(d) The Commission will not accept a renewal
			 application that is received more than 30 days after the license expiration
			 date. In this circumstance, a person:
(A) May
			 submit a new application, including the application fee, license fee,
			 documents, and information required by the Commission; and
(B) Must not engage in any licensed activity
			 unless and until granted a new license by the Commission.
(e) A person who engages in any activity that
			 would require a license but who is not licensed or who is not otherwise
			 authorized to operate under this rule may be subject to administrative and
			 criminal sanctions.
(f) For
			 purposes of this rule "license expiration date" means:
(A) The date of expiration on a license;
			 or
(B) If the Commission has not
			 acted on a pending license renewal application, the date the pending license
			 would expire if the application had been approved.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1200 - Financial and Business Records

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any other recordkeeping requirements in these
				rules, a licensee or laboratory licensee must have and maintain records that
				clearly reflect all financial transactions and the financial condition of the
				business. The following records may be kept in either paper or electronic form
				and must be maintained for a three-year period and must be made available for
				inspection if requested by an employee of the Commission:
(1) Purchase invoices and supporting
			 documents for items and services purchased for use in the production,
			 processing, research, testing and sale of marijuana items that include from
			 whom the items were purchased and the date of purchase;
(2) Bank statements for any accounts relating
			 to the licensed business;
(3)
			 Accounting and tax records related to the licensed business;
(4) Documentation of all financial
			 transactions related to the licensed business, including contracts and
			 agreements for services performed or received that relate to the licensed
			 business;
(5) All employee records,
			 including training; and
(6)
			 Information relating to the structure and ownership of the business, including:
(a) A list of all individuals and legal
			 entities who are applicants as described in OAR
			 845-025-1045;
(b) For each legal entity that is an
			 applicant as described in OAR
			 845-025-1045, complete
			 information about the ownership structure of that legal entity; and
(c) A list of all individuals and legal
			 entities who are entitled to receive a portion of revenue, proceeds, or profits
			 from the business.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1215 - Standardized Scales

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee
			 shall use an Oregon Department of Agriculture licensed weighing device as
			 defined in ORS chapter 618 and OAR 603, Division 27:
(a) Whenever marijuana items are bought and
			 sold by weight;
(b) Whenever
			 marijuana items are packaged for sale by weight;
(c) Whenever marijuana items are weighed for
			 entry into CTS; and,
(d) Whenever
			 the weighing device is used commercially as defined in ORS
			 618.010.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1230 - Licensed Premises Restrictions and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensed
			 premises may not be located:
(a) On federal
			 property; or
(b) At the same
			 physical location or address as a:
(A) Medical
			 marijuana grow site registered under ORS
			 475C.792;
(B) Medical marijuana processing site
			 registered under ORS 475C.815;
(C) Medical marijuana dispensary registered
			 under ORS 475C.833; or
(D) Liquor license licensed under ORS chapter
			 471 or as a retail liquor agent appointed by the
			 Commission.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1245 - Signage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee must
			 post:
(a) At every licensed premises signs
			 that read:
(A) "No Minors Permitted Anywhere
			 on This Premises"; and
(B) "No
			 On-Site Consumption of Marijuana"; and