OAR 845-005-0320
License Refusal Reasons that Can Not Be Overcome

The following criteria will preclude issuing a license:

(1)

The applicant has or would have an interest in another liquor business that ORS 471.313 (Grounds for refusing to issue license or for issuing restricted license)(3), 471.394 (Prohibition on sales at both wholesale and retail), or 471.396 (Exceptions to prohibition on financial connection between wholesaler and retailer) prohibits.

(2)

The applicant seeks a license or sales authority that requires food service and is unable to show in writing that the applicant will comply with the food service requirements set by the rules of the Commission.

(3)

The applicant seeks a Full On-Premises Sales license as a commercial establishment as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473)(2) and will not be open to the public to the extent Commission rules require.

(4)

The applicant seeks a Full On-Premises Sales license as an “other public location” as allowed by ORS 471.175 (Full on-premises sales license)(2)(d) and will not allow public access to its premises.

(5)

The applicant is a retail sales agent of the Commission with a contract for an exclusive agency or seeks to exercise the license privileges in an exclusive sales agent’s premises.

(6)

The applicant fails to successfully complete an approved Alcohol Server Education Course as ORS 471.542 (Alcohol server education course and examination) and the Commission rules require.

(7)

The applicant has not paid an outstanding fine to the Commission. ORS 471.313 (Grounds for refusing to issue license or for issuing restricted license)(4)(g) allows the Commission to deny a license if the applicant had a poor compliance record when previously licensed. Nonpayment of a fine is one indicator of a poor compliance record.

(8)

The applicant who is subject to the bonding requirements of ORS 471.155 (Commission’s licensing duties)(1) has failed to post a tax bond or the equivalent as required.

(9)

The applicant who is subject to the liquor liability insurance requirements of OAR 845-005-0400 (Liquor Liability Insurance or Bond Requirement) has failed to obtain or maintain liquor liability insurance or bond as required.

(10)

The applicant for an initial license has not completed Commission-given law orientation.

Source: Rule 845-005-0320 — License Refusal Reasons that Can Not Be Overcome, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-005-0320.

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. 24, 2021

Rule 845-005-0320’s source at or​.us