OAR 845-005-0314
Refusal to Accept an Application
(1)
ORS 471.311 (Application for license)(2) authorizes the Commission to reject any application that is not in the form required by rule. This rule defines the required form of a complete application. The Commission shall reject any application that is not in the form required by this rule. The Commission shall give applicants the opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS 183.310 (Definitions for chapter) to 183.550.(2)
Any Commission forms, statements or requests required as part of an application shall be completed legibly to qualify for acceptance. To be legible as required by this rule, a form, statement or request must be signed and dated by the applicant and made or completed:(a)
In the English language;(b)
By typing or by printing that is clearly legible to Commission staff.(3)
Any floor or plot plan sketches required by this rule shall be completed legibly in ink on the Commission’s Floor Plan form, be reasonably to scale and set forth in a manner that allows a person unfamiliar with the property to understand the general layout of the premises, and the boundaries and uses of areas proposed to be licensed.(4)
A complete application shall include any forms, statements or requests required by OAR 845-005-0312 (Forms Required for License Applications), all fully completed and signed and dated.(5)
A complete application shall include disclosures and documentation regarding parties with ownership or financial interest as defined by OAR 845-005-0311 (True Name on Application; Interest in Business) as follows:(a)
Documentation of funding sources described on the Statement of Funding form. For instance, if funding is from a bank loan, documentation may be a copy of the loan agreement or the bank’s written verification of loan commitment. Commission staff may require further documentation in the course of license investigation;(b)
Lease summary form(s) if the applicant is leasing the real property, equipment, furnishings or business at the location proposed to be licensed;(c)
Purchase agreement summary form(s) if the applicant is buying the real property, equipment, furnishings or business at the location proposed to be licensed and, if the purchase transaction has not been closed, a copy of the applicant’s accepted earnest money agreement;(d)
Franchise agreement summary form if the applicant is or will be a franchisee at the location proposed to be licensed;(e)
If the applicant is not an individual, but is a registered entity as defined in OAR 845-005-0312 (Forms Required for License Applications)(2) (for instance a corporation, a limited partnership, a LLC) and registered as such with the Oregon Secretary of State, a copy of such registration and a completed form showing the individuals and persons who are the owners, principals, directors, officers, trustees, investors, members or partners in the applicant registered entity.(f)
If any owner, member or partner with a 10% or greater ownership interest in the applicant registered entity is itself a registered entity, the applicant shall provide a completed form showing the individuals and persons who are the owners, principals, directors, officers, trustees, investors, members or partners in that registered entity.(6)
A complete application shall include documentation and disclosures that record how the applicant proposes to operate the licensed business, and demonstrate the applicant’s qualification for a liquor license, as follows:(a)
Floor or plot plan sketch showing the areas proposed to be licensed for any Full or Limited On-Premises Sales license or Brewery Public House license, including identification of table seating that meets the dining seating requirement of OAR 845-006-0460 (Food Service at Commercial Establishment with Full On-Premises Sales License) or 845-006-0461 (Food Service Requirements for Nonprofit Private Clubs with a Full On-Premises Sales License) if the application is for a Full On-Premises license;(b)
Floor or plot plan sketch showing the proposed on-premises alcohol service or consumption areas of any manufacturer’s licensed premises;(c)
Operating data questionnaire form if the applicant will sell alcoholic beverages at retail;(d)
Food service proposal form if the application is for a license or privilege that requires food service to patrons at the licensed premises;(e)
All supporting documents required as attachments to the Commission’s food service proposal form;(f)
If the application is by a private club for a Full On-Premises Sales license, a copy of the club’s charter and copies of documentation of current dues-paid club membership of 200 or more members with voting rights in the affairs of the club.
Source:
Rule 845-005-0314 — Refusal to Accept an Application, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-005-0314.