Oregon Administrative Code

845-004-0005 Gifts, Gratuities (1) Purpose: The Commission expects employees and retail sales agents to do their jobs fairly and impartially and to avoid conduct that compromises or appears to compromise that fairness and impartiality. It is not the intent of this rule to prohibi…

845-004-0015 Signing of Orders Unless the Commissioners specifically give other directions, the Administrator may sign the following: (1) The written expression of any official action the Commissioners take at any public meeting. The Administrator's signature has the same force a…

845-004-0020 Public Records and Miscellaneous Fees (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 …

845-004-0022 Annual License Fee Definition and Refund (1) Annual license fee is the amount ORS 471.311(5) requires for the use of an annual license. (2) The Commission considers an annual license used when a licensee allows any sale, service, or consumption of alcoholic beverages…

845-004-0031 Refunds (1) The Commission shall not refund any amount of $25.00 or less, except if a written request for a refund is filed by the person who paid the money. (2) Refund requests must be filed within 18 months from the date of payment. Statutory/Other Authority: ORS 4…

845-004-0060 Sales by U.S. Customs, County Sheriffs, Other Agencies (1) The purpose of this rule is to provide for the sale of alcoholic liquors which have been confiscated or received by U.S. Customs, county sheriffs, courts, Internal Revenue Service or other governmental agenci…

845-004-0065 Communications Between the Commission and Applicants, Certificate Holders, Licensees, Permittees, or Providers (1) For the purposes of this rule: (a) “Applicant” means a person who has applied with the Commission to become a certificate holder, licensee, permittee, o…

845-004-0070 Screening and Selection Procedures for Personal Service Contracts (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 develo…

845-004-0075 Public Contracting The Commission adopts the Attorney General’s Model Rules for Public Contracting effective August, 1990, by reference as a permanent rule of the Oregon Liquor and Cannabis Commission. Statutory/Other Authority: ORS 471 & 472, including 471.030, 471.…

845-004-0100 Production of Alcohol for Fuel ORS 471.403 prohibits the distilling of alcoholic liquor without a license. Producers of alcohol for fuel will not violate ORS 471.403 if they comply with the following requirements: (1) Any person who produces motor fuels containing di…

845-004-0101 Industrial Alcohol Authority (1) Definitions. For this rule: (a) “Denatured alcohol” means ethanol (ethyl alcohol) with additives for the purpose of making it unfit for human consumption. Denatured alcohol is not considered an alcoholic beverage or alcoholic liquor u…

845-004-0120 Investigative Subpoenas and Oaths (1) Purpose. ORS 471.760 allows the Commissioners and any of their authorized agents to issue subpoenas and administer oaths. The Commissioners delegate authority to the Administrator and Deputy Administrator to issue investigative s…

845-005-0301 Purpose and Interpretation (1) ORS 471.313 is the primary statute that gives the reasons for which the Commission may deny an alcoholic beverage license application. The rules in this Division describe how the Commission applies these and other licensing-related stat…

845-005-0302 Regular License As used in OAR chapter 845, regular license means any license that may be issued for an annual period. Statutory/Other Authority: ORS 471, 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.292 & 471.730(5) History: OLCC 19-2000, f…

845-005-0304 Local Government Recommendations: Requirements for Local Governments and License Applicants for Issuance of a License (1) ORS 471.166 provides that the Commission may take into consideration a local government’s timely written recommendation on the issuance of a lice…

845-005-0308 Valid Bases for Adverse Local Government Recommendations and for Commission Use of Information Received from the Public (1) ORS 471.166(1) authorizes the Commission to take into consideration the recommendation of the local governing body before granting or denying a…

845-005-0311 True Name on Application; Interest in Business (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 sa…

845-005-0312 Application for Issuance of an Annual License or Request for Change to License (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 …

845-005-0320 License Refusal Reasons that Can Not Be Overcome The following criteria will preclude issuing or renewing a license. Intervening circumstances do not apply to these criteria. (1) The applicant has or would have an interest in another liquor business that ORS 471.313(…

845-005-0321 Additional License Refusal Reasons for a Full On-Premises Sales License for a Nonprofit Private Club (1) ORS 471.175 allows the Commission to issue a full on-premises sales license to a nonprofit private club as described in 471.175. This rule sets criteria to refuse…

845-005-0322 Additional License Refusal Reasons for a Full On-Premises Sales License for a For-Profit Private Club ORS 471.175 allows the Commission to issue a full on-premises sales license to a for-profit private club as described in the definition of a “commercial establishmen…

845-005-0325 License Refusal Reasons: Applicant Qualifications 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…

845-005-0326 License Not Demanded by Public Interest or Convenience ORS 471.313(1) allows the Commission to deny a license that public interest or convenience does not demand. The following are some of the public interest or convenience reasons for which the Commission may deny a…

845-005-0332 Tour Boat License (1) ORS 471.182 allows the Commission to issue a Full On-Premises Sales license to a tour boat owner or operator. The statute also allows the Commission to waive a regulation for a tour boat operator or owner that would otherwise apply to a commerci…

845-005-0336 Certificate of Authority Holder’s Sales Employees For the purposes of ORS 471.162(3), a Certificate of Authority holder is a licensee of the Commission authorized to sell and ship malt beverages and wine to licensed Oregon wholesalers. Employees of a Certificate of A…

845-005-0355 Restricting License Privileges and Conduct of Operations (1) The Commission may restrict a license, service permit, or temporary service permit when: (a) In the absence of a restriction, the Commission has a basis to cancel, suspend/fine or deny the license, service …

845-005-0360 License Renewal: Requirement for Applicants (1) Filing a Renewal Application: (a) Any licensee who files a completed renewal application with the Commission at least 20 days before the date the license expires may continue to operate as if the license were renewed, p…

845-005-0365 Change of Licensee; Change of Location; Change of Service Permit Designee (1) The Commission may allow a change of licensee at a licensed business. The proposed new owner must apply for a new license. (2) The Commission may allow a change of location of a licensed op…

845-005-0366 License Surrender (1) To surrender a license issued under ORS Chapter 471: (a) A licensee must submit a written request to the Commission on a form and in a manner provided by the Commission; and (b) The Commission must approve the request. (2) The surrender of the l…

845-005-0400 Liquor Liability Insurance or Bond Requirement Certain licensees are required to maintain liquor liability insurance or a bond. Failure to maintain the required liquor liability insurance or bond constitutes a serious threat to public health and safety. This rule exp…

845-005-0405 Full or Limited On-Premises Licensee Temporary Off-Premises Private Catered Events (1) ORS 471.184 allows the holder of a Full On-Premises or Limited On-Premises license to cater temporary events at locations other than the licensee’s annually premises. This rule ref…

845-005-0410 Full or Limited On-Premises Licensee Temporary Use of an Annual License Events (1) ORS 471.184(2) allows the holder of a Full On-Premises or Limited On-Premises license to exercise the privileges of the license at temporary events held at locations other than the lic…

845-005-0412 Special Events Brewery License (1) ORS 471.221 authorizes the Commission to issue a Special Events Brewery (SEB) license to an Oregon Brewery licensee. This rule sets the qualifications and requirements for an SEB license. (2) Definitions. (a) “Bar” means a counter a…

845-005-0413 Special Events Distillery License (1) ORS 471.230 authorizes the Commission to issue a Special Events Distillery (SED) license to an Oregon Distillery licensee. This rule sets the qualifications and requirements for an SED license. (2) Definitions. For this rule: (a)…

845-005-0414 Special Events Brewery-Public House License (1) ORS 471.200 authorizes the Commission to issue a Special Events Brewery-Public House (SEBPH) license to an Oregon Brewery-Public House licensee. This rule sets the qualifications and requirements for an SEBPH license. (…

845-005-0415 Special Event Winery and Special Event Grower Sales Licenses (1) ORS 471.223 authorizes the Commission to issue a Special Events Winery (SEW) license to a Winery licensee. The special license may allow the licensee to sell at retail wine, malt beverages and cider all…

845-005-0416 Delivery of Alcoholic Beverages to Individuals — Definitions As used in OAR 845-005-0416 through 845-005-0424 and 845-009-0200: (1) The terms ‘deliver,' 'delivery address,' delivery person,' 'eligible business,' final consumer,' and 'third-party delivery facilitator'…

845-005-0417 Qualifications for Direct Shipper Permit (1) A Direct Shipper Permit allows the delivery of only the type of alcohol allowed by the license that authorizes the person to hold a Direct Shipper Permit. Only the following persons may qualify for a Direct Shipper Permit:…

845-005-0421 Third-Party Delivery Facilitator Permit Qualifications, Requirements, and Authorizations (1) A Third-Party Delivery Facilitator must make application to the Commission and receive and hold a valid third-party delivery facilitator permit from the Commission to: (a) De…

845-005-0424 Guidelines for Approval of a For-Hire Carrier’s Plan for Shipment of Malt Beverages, Wine, Cider or Distilled Spirits The Commission will evaluate and may approve a for-hire carrier’s plan to ship malt beverages, wine, cider or distilled spirits to a resident of Oreg…

845-005-0425 Qualifications for Direct to Retailer Permit (1) In order to qualify for a Direct to Retailer Permit, a person must: (a) Be a resident of another state or territory of the United States; (b) Hold a valid license issued by the other state or territory of the United St…

845-005-0427 Retail On-Premises Malt Beverage or Wine Sampling Involving Manufacturer or Certificate of Approval Holder (1) Certificate of Approval holders and Oregon Winery, Grower Sales Privilege, Brewery-Public House, Brewery, and Warehouse licensees may conduct or assist at t…

845-005-0428 Retail On-Premises Distilled Spirits Sampling Involving Distillery Representative (1) Full On-Premises Sales licensees may allow a distillery with products approved for sale in Oregon (distillery) and its representatives, employees, contractors, and agents to partici…

845-005-0431 Qualifications for Distilled Liquor Tastings Provided by Oregon Distillery Licensee ORS 471.230 allows an Oregon distillery licensee to provide tastings of distilled liquor manufactured by the distillery licensee for consumption on the distillery licensee’s premises …

845-005-0440 Temporary Sales Licenses (1) A person must obtain from the Commission a license or authority to sell alcoholic beverages. ORS 471.405 establishes a prohibition on sale of alcoholic beverages without a license or authority. ORS 471.406 defines sale of alcoholic bevera…

845-005-0445 Temporary Letter of Authority to Operate (1) The Commission may grant a temporary letter of authority to operate to any applicant for an annual license issued under ORS, chapter 471 for a period not to exceed 180 days. The Commission may not extend the period of a te…

845-005-0450 Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party (1) ORS 471.292(2)(b) and (c) allow the Commission to issue a temporary authority to operate a licensed business to a trustee, the receiver o…

845-005-0451 Alcohol Delivery Training Program and Certification of Completion (1) At minimum, an alcohol delivery training program shall include training on the following: (a) Forms of identification required by ORS 471.130 and Commission rule and methods for identifying, inspec…

845-006-0301 “Applicant” and “Licensee” Defined (1) A license issued by the Commission shall include as licensees under a single license all individuals or entities who own or have an ownership interest in the business as defined in OAR 845-005-0311. If any such licensee is an en…

845-006-0302 “Family Member” Defined For purposes of ORS 471.396(3) and 471.396(4), “family member” means a person residing in the same household as the licensee as part of the family unit. Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5) Statutes/…