Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 5 - CRITERIA FOR ISSUANCE AND MAINTENANCE OF LICENSES › Section 845-005-0304 - Local Government Recommendations: Requirements for Local Governments and License Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.166 provides that the
			 Commission may take into consideration a local government's timely written
			 recommendation on initial and renewing licenses, and allows the Commission to
			 extend by rule the time allowed a local government to render its written
			 recommendation.
(2) If the local
			 government has not provided a written recommendation to the Commission within
			 the time frames allowed by Sections (5) and (6) of this rule, the Commission
			 shall proceed as if the local government has made a favorable
			 recommendation.
(3) The Commission
			 requires each applicant for an initial license to provide to the local
			 government written notice of the filing of the application. The form of the
			 written notification shall consist of a legible copy of the Commission's Liquor
			 License Application form for license applications, and legible copies of each
			 Individual History form and Business Information form submitted with the
			 license application.
(4) The
			 applicant shall submit to the Commission a dated copy of a receipt or other
			 appropriate dated documentation of compliance with subsection (3) of this rule,
			 within ten days of applicant's provision of notification to the local
			 government.
(5) Following
			 notification by the applicant as stated in section (4) of this rule, the
			 Commission shall allow a local government 45 days in which to provide a written
			 recommendation to the Commission on the initial license application. However,
			 if within 45 days of the date the applicant for an initial license gives notice
			 to the local government, the local government files with the Commission a
			 written request that meets the requirements of section (7) of this rule, the
			 Commission shall allow the local government an additional 45 days within which
			 to render its written recommendation on the license application.
(6) The Commission provides written notice to
			 each local government of the annual licenses in the locality that are both due
			 to expire within three months and are subject to local government renewal
			 recommendations. If, within 60 days of the date the Commission has given notice
			 to the local government, the local government files a written request with the
			 Commission that meets the requirements of section (7) of this rule, the
			 Commission shall allow the local government an additional 45 days within which
			 to render its written recommendation on the application to renew a
			 license.
(7) The local government's
			 written request must set forth the reason additional time is needed, state that
			 the local government is considering making an unfavorable recommendation, and
			 state the specific grounds being considered toward an unfavorable
			 recommendation. Valid grounds for an unfavorable recommendation are stated in
			 OAR 845-005-0308(3).
(8) For the purposes of this rule an
			 unfavorable recommendation is a recommendation to deny a license or to issue a
			 restricted license.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.166