Or. Admin. Code § 845-005-0360 - License Renewal: Requirement for Applicants
(1) Filing a Renewal Application:
(a) Any licensee who files a completed
renewal application with the Commission at least 20 days before the date the
license expires may continue to operate as if the license were renewed, pending
a decision by the Commission;
(b)
Any licensee who does not file a completed renewal application at least 20 days
before the existing license expires must stop selling or serving alcoholic
beverages when the license expires. However:
(A) If the Commission receives a completed
license renewal application less than 20 days before the date the existing
license expires, the Commission will, upon receipt of the appropriate late
renewal fee that ORS 471.311(3) requires, issue a letter of authority to
operate beyond the expiration of the license, pending a decision by the
Commission;
(B) A licensee must not
sell or serve alcoholic beverages after the license expires; a violation of
this subsection is a Category III violation. If the Commission receives a
completed license renewal application within 30 days after the date the
existing license expires, the Commission will, upon receipt of the appropriate
late renewal fee that ORS 471.311(3) requires, issue a letter of authority to
resume operation, pending a decision by the Commission.
(c) The Commission will not renew a license
if the Commission receives the renewal application more than 30 days after the
license expires. A person who wants to resume selling or serving alcoholic
beverages in this circumstance:
(A) Must
submit a completed new application, including the documents and information
required by the Commission.
(B)
Must not sell or serve alcoholic beverages unless and until they receive
authority to operate from the Commission after submitting the completed new
application.
(d) A person
relicensed under section (1)(c) of this rule who sold or served alcoholic
beverages in violation of section (1)(b)(B) of this rule is subject to
administrative sanctions.
(e) A
person who sells or serves alcoholic beverages without a liquor license is in
violation of ORS 471.475, a misdemeanor, and is subject to criminal
prosecution.
(f) For purposes of
this rule, a completed application is considered filed or received according to
its postmark date, if legible, or according to the date the Commission actually
receives the completed application, whichever is earlier.
(2) Completed Application: As used in this
rule, a completed application is one that is completely filled out, is signed
by the applicant and includes the appropriate fee(s), the bond or equivalent
that ORS 471.155 requires and the liquor liability insurance or bond that
471.168 and OAR 845-005-0400 require.
(3) Local government body recommendation. The
Commission requires all applicants seeking renewal of Full On-Premises Sales,
Limited On-Premises Sales, Off-Premises Sales, and Brewery-Public House
licenses to acquire the recommendation of their local governing body, and pay
to the local governing body all fees as established by ORS 471.166(7) and
(8).
(4) Late Renewal Fee:
(a) ORS 471.311(3) requires the Commission to
charge a late fee for renewal applications received less than 20 days before
the license expires or not more than 30 days after the license expires. In
computing this 20 or 30 day period, the Commission does not count the day the
license expires. For example, a license expires on the 31st. The 20 day period
ends on the 11th unless the 11th is a Saturday, Sunday or legal holiday. If the
20th or 30th day is a Saturday, Sunday or legal holiday, the period ends at 5
p.m. on the first working day after the Saturday, Sunday or legal
holiday;
(b) The Commission may
waive the late renewal fee if the licensee fails to file a timely application
due to unforeseen circumstances, such as a death or illness of the licensee or
to a delay in Commission processing of the application through no fault of the
licensee.
Notes
Statutory/Other Authority: ORS 471.030, 471.040, 471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS 471.155, 471.311, 471.313 & 471.168
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