OAR 845-005-0450
Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party

(1)

ORS 471.292 (Characteristics of license)(2)(b) and (c) allow the Commission to issue a temporary authority to operate a licensed business to a trustee, the receiver of an insolvent or bankrupt licensed business, the personal representative of a deceased licensee, or a person holding a security interest in the business. The purpose of this authority is to provide for the operation of the licensed business for a reasonable period of time to allow orderly disposition of the business.

(a)

The trustee, receiver or personal representative must provide the Commission with the following information:

(A)

Proof that the person is the legal trustee, receiver or personal representative for the business; and

(B)

A written request for authority to operate as a trustee, receiver or personal representative, listing the address and telephone number of the trustee, receiver or personal representative.

(b)

The secured party must provide the Commission with the following information:

(A)

Proof of a security interest in the licensed business;

(B)

Proof of the licensee’s default on the secured debt;

(C)

Proof of legal access to the real property; and

(D)

A written request for authority to operate as a secured party listing the secured party’s address and telephone number.

(2)

The Commission may revoke or refuse to issue or extend authority for the trustee, receiver, personal representative, or secured party to operate:

(a)

If the trustee, receiver, personal representative or secured party does not propose to operate the business immediately or does not begin to operate the business immediately upon receiving the temporary authority;

(b)

For any of the reasons that the Commission may revoke or refuse to issue or renew a license;

(c)

If the trustee, receiver, personal representative or secured party operates the business in violation of ORS Chapter 471 (Alcoholic Liquors Generally) or OAR chapter 845; or

(d)

If a reasonable time for disposition of the business has elapsed.

(3)

No person or entity described in section (1) of this rule may operate the business until a certificate of authority has been issued under this rule, except that the personal representative of a deceased licensee may operate the business for up to 10 days after the death provided that the personal representative submits the information required in section (1)(a) and obtains a certificate of authority within that time period.

(4)

A certificate of authority under this rule is initially issued for a 60-day period and may be extended as reasonably necessary to allow for the disposition of the business.

Source: Rule 845-005-0450 — Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-005-0450.

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 845-005-0450’s source at or​.us