OAR 845-025-1115
Denial of Application

(1) The Commission must deny an initial or renewal application if:
(a) An applicant is under the age of 21.
(b) The applicant’s land use compatibility statement shows that the proposed land use is prohibited in the applicable zone, if a land use compatibility statement is required.
(c) The proposed licensed premises is located:
(A) On federal property.
(B) On reservation or tribal trust land of a federally recognized Indian tribe unless that tribe has entered into an agreement with the State of Oregon which allows licensing of recreational marijuana businesses.
(C) At the same location as a producer, retailer, processor, wholesaler, or laboratory license, unless the licenses are of different types and all of the licenses at the location are held or sought by identical applicants. For the purpose of this paragraph, “at the same location” means that any area of the proposed licensed premises is within the licensed premises of another license.
(d) The location proposed to be licensed is prohibited under OAR 845-025-1230 (Licensed Premises Restrictions and Requirements).
(e) The proposed licensed premises of a processor who has applied for an endorsement to process extracts is located in an area that is zoned exclusively for residential use.
(f) The proposed licensed premises of a retail applicant is located:
(A) Except as provided in ORS 475B.109 (Proximity of marijuana retailer to school), within 1,000 feet of:
(i) A public elementary or secondary school for which attendance is compulsory under ORS 339.020 (Duty to send children to school); or
(ii) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (Exemptions from compulsory school attendance).
(B) In an area that is zoned exclusively for residential use.
(g) The proposed licensed premises of a wholesaler applicant is in an area zoned exclusively for residential use.
(h) A city or county has prohibited the license type for which the applicant is applying, in accordance with ORS 475B.968 (Adoption of ordinances).
(2) The Commission may deny an initial or renewal application, unless the applicant shows good cause to overcome the denial criteria, if the Commission has reasonable cause to believe that:
(a) The applicant:
(A) Is in the habit of using alcoholic beverages, habit-forming drugs, marijuana, or controlled substances to excess.
(B) Has made false statements to the Commission.
(C) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed.
(D) Is not of good repute and moral character.
(E) Does not have a good record of compliance with ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), or these rules, prior to or after licensure, including but not limited to:
(i) The giving away of marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or skill, or competition of any kind, in violation of ORS 475B.333 (Prohibition against giving marijuana item as prize);
(ii) Providing marijuana items to an individual without checking that the individual is 21 or older;
(iii) Unlicensed transfer of marijuana items for financial consideration; or
(iv) Violations of local ordinances adopted under ORS 475B.486 (Local time, place and manner regulations), pending or adjudicated by the local government that adopted the ordinance.
(F) Does not have a good record of compliance with ORS Chapter 471 (Alcoholic Liquors Generally) or any rules adopted thereunder.
(G) Is not possessed of or has not demonstrated financial responsibility sufficient to adequately meet the requirements of the business proposed to be licensed.
(H) Is unable to understand the laws of this state related to marijuana or these rules. This may be demonstrated by violations documented by the Oregon Health Authority.
(I) For license renewal, has not submitted all fees, forms, documents and information required to act on the renewal application that is pending on or after January 1, 2019 within the time period prescribed by the Commission.
(J) Has, or previously had, an unapproved ownership interest in a license issued by the Commission other than as provided in OAR 845-025-1160 (Notification of Changes)(4).
(b) Any individual listed on the application has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license, except as specified in ORS 475B.045 (Grounds for refusing to issue license or issuing restricted license)(3). The Commission may consider factors set forth in subsection (8) of this rule to determine if this refusal basis is supported or overcome.
(c) Any applicant is not the legitimate owner of the business proposed to be licensed, or other persons have an ownership interest in the business have not been disclosed to the Commission.
(d) The business proposed to be licensed is located:
(A) At the same physical location or address as a premises licensed under ORS Chapter 471 (Alcoholic Liquors Generally) or as a retail liquor agent appointed by the Commission; or
(B) At the same address as a producer, retailer, processor, wholesaler, or laboratory license, unless the licenses are of different types and all of the licenses at the location or address are held or sought by identical applicants.
(e) The proposed licensed premises of a producer applicant is on the same tax lot as another producer licensee under common ownership.
(f) The proposed licensed premises of a producer is located on the same tax lot as a site registered with Oregon Department of Agriculture for the production of industrial hemp, unless the applicant submits and the Commission approves a control plan describing how the registered site shall be separated from the premises proposed to be licensed and how the applicant shall prevent transfer of industrial hemp to the licensed premises.
(g) The applicant proposed to be licensed does not have access to the proposed license premises.
(h) The proposed licensed premises of the producer applicant is on the same tax lot as another producer licensee and the presence of multiple producers on the same tax lot creates a risk of non-compliance with any of these rules.
(i) The applicant is a business entity that is required to be registered with the Oregon Secretary of State but has failed to register.
(3) The Commission may refuse to issue a license to any license applicant or refuse to renew the license of any licensee or laboratory licensee when conditions exist in relation to any person having a financial interest in the business or in the place of business which would constitute grounds for refusing to issue a license or for revocation or suspension of a license if such person were the license applicant, licensee or laboratory licensee.
(4)(a) The Commission may deny any initial or renewal application and may revoke any license if medical marijuana items are produced, processed, stored, sold or transported, to or from the same address or location of licensed business or business proposed to be licensed.
(b) The Commission will not deny an initial application under this subsection if:
(A) The applicant surrenders any registration issued by the Authority for the address or location of the business proposed to be licensed;
(B) If applicable, the applicant notifies all other growers registered by the Authority at the location or address proposed to be licensed, in a form and manner prescribed by the Commission, that the grower is no longer permitted to produce medical marijuana at the address or location proposed to be licensed and must surrender his or her registration at that address or location; and
(C) All medical marijuana activity at the location or address proposed to be licensed ceases prior to being issued an OLCC license.
(5) If the Commission denies an application because an applicant submitted false or misleading information to the Commission, the Commission may prohibit the applicant from re-applying for five years.
(6) The Commission may revoke a license for any of the reasons that it may deny a license.
(7) A notice of denial must be issued in accordance with ORS 183.
(8) Factors that may support or overcome license denial pursuant to subsection (2)(b) of this rule. These factors may have occurred before or after the incident or incidents that are relevant to the specific criterion. The factors may be weighed in favor of the applicant, weighed against the applicant, or weighed neither for nor against the applicant.
(a) Definitions. For purposes of this subsection:
(A) “Administrative violation” means an administrative agency has taken a final action finding that an individual, or a legal entity that the individual is part of, violated a regulation of that administrative agency.
(B) “Compliance risk factors” means factors that show the individual’s tendency to disobey laws, rules, and regulations; including but not limited to probation and parole violations, non-relevant convictions, and administrative violations.
(C) “Relevant conviction” means a conviction, other than those listed in ORS 475B.045 (Grounds for refusing to issue license or issuing restricted license)(3), that involved violence or the threat of violence; dishonesty or deception; drugs, alcohol, or other regulated substances; non-compliance with driver license requirements; or a conviction as a felon in possession of a weapon.
(D) “Successful treatment” means:
(i) The Commission receives written confirmation from the individual’s licensed treatment provider that the individual completed treatment that is related to a relevant conviction and the Commission has determined that the individual has not had another conviction for a similar incident since the completion of the treatment; or
(ii) The individual is still in a treatment program that is related to a relevant conviction; however, the Commission receives written confirmation from the individual’s licensed treatment provider that the individual has demonstrated sufficient success towards stopping the behavior that led to the conviction and the Commission has determined that the individual has not had another conviction for a similar incident since the date the provider determined that the individual demonstrated sufficient success towards stopping the behavior that led to the conviction.
(b) Upon the Commission’s determination that a basis to refuse the application has been established under this criterion, the Commission may consider the following factors and may consider other factors, depending on the facts of the case:
(A) Passage of time, whichever date is later:
(i) Since the date of the most recent incident that led to a relevant conviction, but not counting time spent incarcerated or other factors the Commission determines affect the passage of time; or
(ii) Since the date of the most recent compliance risk factor, but not counting time spent incarcerated or other factors the Commission determines affect the passage of time.
(B) Compliance risk factors.
(C) Successful treatment.
(D) The severity of the individual’s relevant conviction record as shown by the number of convictions, whether a conviction was a felony or non-felony, and whether a conviction involved violence or the manufacture or delivery of controlled substances.
(E) The individual’s record of compliance with the Commission.

Source: Rule 845-025-1115 — Denial of Application, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-025-1115.

845‑025‑1000
Applicability 845‑025‑1015
Definitions 845‑025‑1030
Application Process 845‑025‑1045
True Name on Application 845‑025‑1060
Fees 845‑025‑1070
Late Renewal Fees 845‑025‑1080
Criminal Background Checks 845‑025‑1090
Application Review 845‑025‑1100
Approval of Application and Issuance of License 845‑025‑1115
Denial of Application 845‑025‑1130
Withdrawal of Application 845‑025‑1131
Producer Application Submission Deadlines 845‑025‑1132
Prohibited Changes to License Applications 845‑025‑1135
Application Processing Deadlines 845‑025‑1145
Communication With Commission 845‑025‑1160
Notification of Changes 845‑025‑1175
Changing, Altering, or Modifying Licensed Premises 845‑025‑1190
License Renewal 845‑025‑1200
Financial and Business Records 845‑025‑1215
Standardized Scales 845‑025‑1230
Licensed Premises Restrictions and Requirements 845‑025‑1245
Signage 845‑025‑1260
Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party 845‑025‑1275
Closure of Business 845‑025‑1290
Licensee Responsibility 845‑025‑1295
Local Ordinances 845‑025‑1300
Licensee Prohibitions 845‑025‑1330
Trade Samples 845‑025‑1335
Marijuana Promotional Events 845‑025‑1360
Quality Control Samples 845‑025‑1400
Security Plans 845‑025‑1405
Security Waivers 845‑025‑1410
Security Requirements 845‑025‑1420
Alarm System 845‑025‑1430
Video Surveillance Equipment 845‑025‑1440
Required Camera Coverage and Camera Placement 845‑025‑1450
Video Recording Requirements for Licensed Facilities 845‑025‑1460
Location and Maintenance of Surveillance Equipment 845‑025‑1470
Producer Security Requirements 845‑025‑1600
State and Local Safety Inspections 845‑025‑1620
General Sanitary Requirements 845‑025‑2000
Canopy Definitions 845‑025‑2020
Producer Privileges 845‑025‑2025
Micro Tier Processing. Privileges 845‑025‑2030
Licensed Premises of Producer 845‑025‑2040
Production Size Limitations 845‑025‑2045
Propagation Endorsement 845‑025‑2050
Recreational Marijuana Producers — Operating Procedures 845‑025‑2060
Recreational Marijuana Producers — Start-up Inventory 845‑025‑2070
Pesticides, Fertilizers and Agricultural Chemicals 845‑025‑2080
Harvest Lot Segregation 845‑025‑2090
Harvest Notification 845‑025‑2100
Transfer of Medical Marijuana Grower Inventory 845‑025‑2110
Medical Marijuana Registrant CTS Registration 845‑025‑2120
Medical Registrant CTS Requirements 845‑025‑2130
Grow site Transfers to Processor or Wholesaler Licensees 845‑025‑2140
Registrant to Patient Transfers 845‑025‑2150
Medical Marijuana Inspections and Compliance 845‑025‑2500
Registration to Produce Usable Marijuana for Patients 845‑025‑2550
Requirements for Producing and Providing Marijuana for Patients 845‑025‑2560
Cancellation of Registration 845‑025‑2700
Industrial Hemp Grower Certificate Application 845‑025‑2705
Industrial Hemp Handler Certificate Application 845‑025‑2750
Industrial Hemp Grower Certificate Privileges 845‑025‑2755
Industrial Hemp Handler Certificate Privileges 845‑025‑2760
THC Concentration Limits for Industrial Hemp and Hemp Items 845‑025‑2775
CTS Requirements for Industrial Hemp and Hemp Items 845‑025‑2785
Licensee Industrial Hemp Privileges 845‑025‑2800
Retailer Privileges 845‑025‑2820
Retailer Operational Requirements 845‑025‑2840
Retailer Premises 845‑025‑2860
Marijuana Retailers — Consumer Health and Safety Information 845‑025‑2880
Delivery of Marijuana Items by Retailer 845‑025‑2885
On-Site Delivery of Marijuana by Retailer 845‑025‑2890
Marijuana Retailers — Collection of Taxes 845‑025‑2900
Retail Sale of Marijuana for Medical Purposes 845‑025‑2910
Transfer of Medical Marijuana Dispensary Inventory 845‑025‑3200
Marijuana Processors — Definitions 845‑025‑3210
Marijuana Processors — Endorsements 845‑025‑3215
Processor Privileges 845‑025‑3220
General Processor Requirements 845‑025‑3230
Processor Policies and Procedures 845‑025‑3240
Processor Training Requirements 845‑025‑3250
Cannabinoid Edible Processor Requirements 845‑025‑3255
Alternating Proprietors 845‑025‑3260
Cannabinoid Concentrate and Extract Processor Requirements 845‑025‑3265
Inhalable Cannabinoid Product Processor Requirements 845‑025‑3270
CTS Requirements for Inhalable Cannabinoid Products with Non-Cannabis Additives 845‑025‑3280
Cannabinoid Topical Processor 845‑025‑3290
Processors Recordkeeping 845‑025‑3300
Processing Marijuana for Medical Purposes 845‑025‑3305
Processing for Cardholders 845‑025‑3310
Transfer of Medical Marijuana Processing Site Inventory 845‑025‑3500
Wholesale License Privileges 845‑025‑3505
Wholesaler For-Hire Trimming Privilege 845‑025‑3510
Micro-Wholesaler License Privileges 845‑025‑3600
Wholesaling Marijuana for Medical Purposes 845‑025‑5000
Laboratory License Privileges 845‑025‑5030
Laboratory Licensing Requirements 845‑025‑5045
Laboratory Tracking and Reporting 845‑025‑5060
Laboratory Transportation and Waste Disposal 845‑025‑5075
Laboratory Licensee Prohibited Conduct 845‑025‑5300
Application for Marijuana Research Certificate 845‑025‑5350
Marijuana Research Certificate Privileges 845‑025‑5500
Marijuana Worker Permit 845‑025‑5520
Marijuana Worker Permit Applications 845‑025‑5540
Marijuana Worker Permit Denial Criteria 845‑025‑5560
Marijuana Worker Examination Requirements 845‑025‑5580
Marijuana Worker Renewal Requirements 845‑025‑5590
Suspension or Revocation 845‑025‑5700
Licensee Testing Requirements 845‑025‑5720
Labeling, Storage, and Security of Pre-Tested Marijuana Items 845‑025‑5730
Wholesaler Coordination of Sampling and Testing 845‑025‑5740
Failed Test Samples 845‑025‑5760
Audit, Compliance, and Random Testing 845‑025‑5790
Marijuana Item Recalls 845‑025‑7000
Packaging and Labeling — Definitions 845‑025‑7010
Purpose, Scope and Effective Date 845‑025‑7020
Packaging for Sale to Consumer 845‑025‑7030
Labeling for Sale to Consumer 845‑025‑7045
Marijuana Plant Labeling Requirements 845‑025‑7050
Marijuana Seed Labeling Requirements 845‑025‑7070
Usable Marijuana Labeling Requirements 845‑025‑7080
Cannabinoid Topical Labeling Requirements 845‑025‑7090
Cannabinoid Edible Labeling Requirements 845‑025‑7100
Cannabinoid Concentrate and Extract Labeling Requirements 845‑025‑7110
Cannabinoid Tincture and Capsule Labeling Requirements 845‑025‑7120
Cannabinoid Products Other than Cannabinoid Edibles, Topicals, Tinctures or Capsules. 845‑025‑7130
Labeling Requirements for Medical Registrants Registered with the Oregon Health Authority 845‑025‑7140
Labeling Requirements for Industrial Hemp Commodities or Products Intended for Human Consumption or Use 845‑025‑7150
Wholesaler and Retailer Packaging and Labeling Compliance Requirements 845‑025‑7160
Packaging and Labeling Pre-approval Process 845‑025‑7170
Packaging and Labeling Prohibited Conduct 845‑025‑7180
Approval Withdrawal 845‑025‑7190
Effective Date 845‑025‑7500
Seed-To-Sale Tracking — CTS Requirements 845‑025‑7520
Unique Identification (UID) Tags 845‑025‑7540
Seed-To-Sale Tracking — CTS User Requirements 845‑025‑7560
Seed-To-Sale Tracking — System Notifications 845‑025‑7570
Seed-To-Sale Tracking — Cultivation Batches 845‑025‑7580
Reconciliation with Inventory 845‑025‑7590
Seed-To-Sale Tracking — Inventory Audits 845‑025‑7700
Transportation and Delivery of Marijuana Items 845‑025‑7750
Waste Management 845‑025‑8000
Advertising — Purpose and Application of Rules 845‑025‑8020
Advertising — Definitions 845‑025‑8040
Advertising Restrictions 845‑025‑8060
Advertising Media, Coupons, and Promotions 845‑025‑8080
Removal of Objectionable and Non-Conforming Advertising 845‑025‑8500
Responsibility of Licensee, Responsibility for Conduct of Others 845‑025‑8520
Prohibited Conduct 845‑025‑8540
Dishonest Conduct 845‑025‑8560
Inspections 845‑025‑8570
Uniform Standards for Minor Decoy Operations 845‑025‑8575
Restricting License Privileges and Conduct of Operations 845‑025‑8580
Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension 845‑025‑8590
Suspension, Cancellation, Civil Penalties, Sanction Schedule 845‑025‑8700
Prohibited Interests in the Marijuana Industry 845‑025‑8750
License Surrender
Last Updated

Jun. 8, 2021

Rule 845-025-1115’s source at or​.us