ORS 471.311
Application for license
- rules
- fees
(1)
An applicant for a license or renewal of a license under this chapter shall submit an application to the Oregon Liquor and Cannabis Commission on a form provided by the commission that includes the name and address of the applicant, location of the place of business that is to be operated under the license, and any other pertinent information the commission may require. The commission may not grant or renew a license until the applicant has complied with the provisions of this chapter and the rules of the commission.(2)
The commission may reject any application that is not submitted in the form required by rule. The commission shall give applicants an 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 chapter 183.(3)
Subject to subsection (4) of this section, the commission shall assess a nonrefundable fee for processing a renewal application for any license authorized by this chapter only if the renewal application is received by the commission less than 20 days before expiration of the license. If the renewal application is received prior to expiration of the license but less than 20 days prior to expiration, the fee shall be 25 percent of the annual license fee. If a renewal application is received by the commission after expiration of the license but no more than 30 days after expiration, the fee shall be 40 percent of the annual license fee. This subsection does not apply to a certificate of approval, a brewery-public house license or any license that is issued for a period of less than 30 days.(4)
The commission may waive the fee imposed under subsection (3) of this section if the commission finds that failure to submit a timely application was due to unforeseen circumstances or to a delay in processing the application by the local governing authority that is no fault of the licensee.(5)
The license fee is nonrefundable and, except as provided in subsection (6) of this section, must be paid by each applicant upon the granting or committing of a license. Subject to ORS 471.155 (Commission’s licensing duties) and 473.065 (Deposit in lieu of bond), the annual or daily license fee and the minimum bond required of each class of license under this chapter are as follows:(6)
The commission may allow an applicant to defer payment, or may waive payment, of an annual license fee imposed under subsection (5) of this section, if the Governor declares a state of emergency under ORS 401.165 (Declaration of state of emergency) or a state of public health emergency under ORS 433.441 (Declaration of public health emergency). The commission may by rule establish requirements for an applicant to qualify for deferral or waiver of an annual license fee.(7)
The fee for a certificate of approval or special certificate of approval granted under ORS 471.244 (Certificates of approval for malt beverages, cider or wine) is nonrefundable and must be paid by each applicant upon the granting or committing of a certificate of approval or special certificate of approval. A bond is not required for the granting of a certificate of approval or special certificate of approval. Certificates of approval are valid for a period commencing on the date of issuance and ending on December 31 of the fifth calendar year following the calendar year of issuance. The fee for a certificate of approval is $350. Special certificates of approval are valid for a period of 30 days. The fee for a special certificate of approval is $10.(8)
Except as provided in subsection (9) of this section, the annual license fee for a full on-premises sales license is $800. A bond is not required for any full on-premises sales license.(9)
The annual license fee for a full on-premises sales license held by a nonprofit private club as described in ORS 471.175 (Full on-premises sales license) (9), or held by a nonprofit or charitable organization that is registered with the state, is $400.(10)
The fee for temporary use of an annual license is $10 per day.(11)
The annual fee for a wine self-distribution permit is $200, and the minimum bond is $1,000. [Formerly 471.290; 2001 c.785 §2; 2005 c.22 §345; 2005 c.632 §3; 2007 c.443 §1; 2007 c.651 §3; 2009 c.140 §3; 2009 c.237 §3; 2010 c.33 §4; 2015 c.60 §1; 2016 c.3 §4; 2019 c.420 §2; 2021 c.180 §12; 2021 c.351 §74; 2021 c.596 §5]
Source:
Section 471.311 — Application for license; rules; fees, https://www.oregonlegislature.gov/bills_laws/ors/ors471.html.
Notes of Decisions
Provision requiring application to contain such other “pertinent information” as commission requires is not unconstitutionally vague since statutes describing grounds for refusing licensure provide sufficient guidance to agency. Von Weidlein Intl., Inc. v. Young, 16 Or App 81, 514 P2d 560, 515 P2d 936, 517 P2d 295 (1973), Sup Ct review denied
Up to date