OAR 845-005-0308
Valid Bases for Adverse Local Government Recommendations

and for Commission Use of Information Received from the Public

(1)

ORS 471.166 (Local government recommendations on license issuance and renewal)(1) authorizes the Commission to take into consideration the recommendation of the local governing body before granting or denying a license. ORS 471.166 (Local government recommendations on license issuance and renewal)(5) requires the Commission to state by rule the valid grounds for a local governing bodys 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 (Grounds for refusing to issue license or for issuing restricted license)(4), 471.313 (Grounds for refusing to issue license or for issuing restricted license)(5), OAR 845-005-0320 (License Refusal Reasons that Can Not Be Overcome), 845-005-0325 (License Refusal Reasons: Applicant Qualifications) or 845-005-0326 (License Not Demanded by Public Interest or Convenience), or the license restriction bases of 845-005-0355 (Restricting License Privileges and Conduct of Operations), 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.

Source: Rule 845-005-0308 — Valid Bases for Adverse Local Government Recommendations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-005-0308.

845‑005‑0301
Purpose and Interpretation 845‑005‑0302
Regular License 845‑005‑0303
Alcohol Impact Areas 845‑005‑0304
Local Government Recommendations: Requirements for Local Governments and License Applicants 845‑005‑0306
Procedures for Public Notice of License Applications 845‑005‑0308
Valid Bases for Adverse Local Government Recommendations 845‑005‑0311
True Name on Application 845‑005‑0312
Forms Required for License Applications 845‑005‑0314
Refusal to Accept an Application 845‑005‑0315
Applications: Refusal to Process 845‑005‑0320
License Refusal Reasons that Can Not Be Overcome 845‑005‑0321
Additional License Refusal Reasons for a Full On-Premises Sales License for a Nonprofit Private Club 845‑005‑0322
Additional License Refusal Reasons for a Full On-Premises Sales License for a For-Profit Private Club 845‑005‑0325
License Refusal Reasons: Applicant Qualifications 845‑005‑0326
License Not Demanded by Public Interest or Convenience 845‑005‑0329
Licensing Outdoor Areas Not Abutting a Licensed Building 845‑005‑0331
Licensing Outdoor Areas Abutting a Licensed Building 845‑005‑0332
Tour Boat License 845‑005‑0336
Certificate of Authority Holder’s Sales Employees 845‑005‑0355
Restricting License Privileges and Conduct of Operations 845‑005‑0360
License Renewal: Requirements for Applicants 845‑005‑0365
Change of Licensee 845‑005‑0366
License Surrender 845‑005‑0400
Liquor Liability Insurance or Bond Requirement 845‑005‑0405
Full or Limited On-Premises Licensee Small-Scale Private Catering 845‑005‑0410
Full or Limited On-Premises Licensee Large-Scale Private Catered Events and Temporary Use of an Annual License for Events at Another Location 845‑005‑0412
Special Events Brewery License 845‑005‑0413
Special Events Distillery License 845‑005‑0414
Special Events Brewery-Public House License 845‑005‑0415
Special Event Winery and Special Event Grower Sales Licenses 845‑005‑0416
Delivery of Malt Beverage, Wine or Cider to Individuals — Definitions 845‑005‑0417
Qualifications for Direct Delivery of Malt Beverages, Wine, or Cider to a Resident of Oregon 845‑005‑0424
Guidelines for Approval of a For-Hire Carrier’s Plan for Delivery of Malt Beverages, Wine, Cider or Distilled Spirits 845‑005‑0425
Qualifications for Wine Self-Distribution Permit for Wine and Cider 845‑005‑0426
Qualifications for Retailer Endorsement to Receive Wine or Cider from the Holder of a Wine Self-Distribution Permit 845‑005‑0427
Retail On-Premises Malt Beverage or Wine Sampling Involving Manufacturer or Certificate of Approval Holder 845‑005‑0428
Retail On-Premises Distilled Spirits Sampling Involving Distillery Representative 845‑005‑0431
Qualifications for Distilled Liquor Tastings Provided by Oregon Distillery Licensee 845‑005‑0440
Temporary Sales Licenses 845‑005‑0445
Temporary Authority 845‑005‑0450
Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party
Last Updated

Jun. 8, 2021

Rule 845-005-0308’s source at or​.us