OAR 845-005-0304
Local Government Recommendations: Requirements for Local Governments and License Applicants
(1)
ORS 471.166 (Local government recommendations on license issuance and renewal) 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 (Valid Bases for Adverse Local Government Recommendations)(3).(8)
For the purposes of this rule an unfavorable recommendation is a recommendation to deny a license or to issue a restricted license.
Source:
Rule 845-005-0304 — Local Government Recommendations: Requirements for Local Governments and License Applicants, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-005-0304.