OAR 845-005-0312
Forms Required for License Applications
(1)
As a part of the application:(a)
The applicant or applicants for a license shall submit a completed Liquor License Application form.(b)
The licensee submitting a request for approval of a change as required by Commission rules must submit a signed and dated request in writing.(c)
All individual applicants, all general partners in a limited partnership, limited partners whose investment commitment is ten percent or more of the total investment commitment, all members in a limited liability company or partnership whose investment commitment or membership interest is ten percent or greater, all directors who own or control three percent or more of the voting stock, principal officers (as defined in OAR 845-006-0475 (License Changes Requiring Notice/Prior Approval)) of corporate applicants, and all natural person stockholders owning or controlling ten percent or more of the voting stock of corporate applicants will submit a completed Individual History form.(d)
All applicants will submit a statement of funding, and verification of the funding source(s). As part of investigation under OAR 845-005-0311 (True Name on Application; Interest in Business), Commission staff may require any applicant to submit additional financial information, including, but not limited to, a financial statement and documentation of the origination of funds.(e)
Any applicant that is a registered entity, and any registered entity that has a ten percent or greater ownership interest in an applicant-registered entity, must complete a questionnaire that lists, as appropriate, the officers, directors, shareholders, general and limited partners, or members of the entity. If a corporation has more than twenty shareholders or a limited partnership has more than twenty limited partners, only those with a ten percent or greater investment interest need be listed.(f)
The Commission requires applicants to submit Individual History forms from managers when the applicant is inexperienced or new to the industry, or when the applicant will not personally manage the premises, or when the applicant’s premises has a history of problems or is located in a problem area. For purposes of this rule a manager is an individual who has the authority to act on behalf of the applicant when the applicant is not on the premises.(2)
For the purposes of this rule, a registered entity is a legal form of organization required to register as such with the Oregon Secretary of State and includes such forms as a corporation, limited liability company, limited liability partnership and limited partnership. Trusts, family trusts, and general partnerships are not registered entities for the purposes of this rule.(3)
If a legal entity applying for a license is wholly owned by another legal entity and was created in whole or in part to apply for the license, the Commission may require the parent legal entity to complete the forms and disclosures this rule requires of an applicant, and may treat the parent legal entity as an applicant for the purposes of determining eligibility for a license.(4)
The Commission’s Administrator or the License Process Director may waive the requirements of this rule to take account of unusual or extraordinary circumstances. These circumstances may include the following:(a)
Previous licensing by the Commission of the applicant;(b)
General reputation of the applicant;(c)
Information from other state or federal regulatory agencies that the Commission could use in lieu of the information this rule requires.(5)
ORS 471.757 (Statement of financial interest in business of licensee) allows the Commission to deny, cancel or suspend a license if an unlicensable person has any financial interest in the business or place of business. The Commission may require a personal history or fingerprints from any person who has a financial interest in the licensed business to help determine if this person is licensable.(6)
Nothing in this rule prevents the Commission from requiring additional information or information from other persons where there is reason to believe that this information may help the Commission determine the merits of a license application or to otherwise perform its statutory duties.
Source:
Rule 845-005-0312 — Forms Required for License Applications, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-005-0312.