2015 ORS § 471.311¹
Application for license
  • rules
  • fees

(1) Any person desiring a license or renewal of a license under this chapter shall make application to the Oregon Liquor Control Commission upon forms to be furnished by the commission showing the name and address of the applicant, location of the place of business that is to be operated under the license, and such other pertinent information as the commission may require. No license shall be granted or renewed 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) The commission shall charge an application fee, not to exceed $150, to process an application for the issuance of a new license under this chapter or a license following a change in ownership. The application fee applies only to an application for a class of license having an annual license fee. The application fee is nonrefundable, except that the commission shall refund the fee if the applicant completes, submits and maintains an application and the commission does not, on or before 75 days following receipt of the completed application, propose that the license be granted, granted with conditions or refused. The commission shall adopt rules to:

(a) Establish application fees by class of license; and

(b) Define a completed application for purposes of this subsection.

(4) Subject to subsection (5) 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, this 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, this 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.

(5) The commission may waive the fee imposed under subsection (4) of this section if it 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.

(6) The license fee is nonrefundable and shall be paid by each applicant upon the granting or committing of a license. Subject to ORS 471.155 (Commissions 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:

______________________________________________________________________________

Minimum

License Fee Bond

Brewery, including Certificate

of Approval $ 500 $ 1,000

Winery $ 250 $ 1,000

Distillery $ 100 None

Wholesale Malt Beverage

and Wine $ 275 $ 1,000

Warehouse $ 100 $ 1,000

Special events winery

license $ 10 per day

Brewery-Public House,

including Certificate

of Approval $ 250 $ 1,000

Limited On-Premises Sales $ 200 None

Off-Premises Sales $ 100 None

Temporary Sales $ 50 per day

Grower sales privilege

license $ 250 $ 1,000

Special events grower

sales privilege

license $ 10 per day

Special events

brewery-public house

license $ 10 per day

Special events

distillery

license $ 10 per day

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(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. No bond is 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 $175. 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 $400. No bond is 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) (8), or held by a nonprofit or charitable organization that is registered with the state, is $200.

(10) The annual fee for a wine self-distribution permit is $100, 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]

Note: Sections 1 and 3, chapter 221, Oregon Laws 2015, provide:

Sec. 1. (1) As used in this section, tax-exempt means recognized as tax-exempt under section 501(c) of the Internal Revenue Code.

(2) A tax-exempt nonprofit organization may supply to the Oregon Liquor Control Commission copies of informational materials about human trafficking. The organization may not charge the commission for the materials. The form of the materials may include, but need not be limited to, adhesive stickers. The materials may not include information on topics other than human trafficking. The materials must be limited in content to objectively verifiable information, except that the materials may include logos, symbols, graphics or similar devices and may include a cover letter to commission licensees to urge the licensees to post the adhesive materials or other materials at the licensees premises.

(3) Except as provided in this subsection, if a tax-exempt nonprofit organization supplies the commission with informational materials as described in subsection (2) of this section, the commission shall include a copy of the materials with each license renewal notice that the commission sends to an on-premises sales, off-premises sales or brewery-public house licensee. The number of copies of the materials that the commission sends to licensees may not exceed the number of copies that the organization supplies to the commission. If the commission determines that the informational materials have offensive or inappropriate content, the commission may refuse to include the materials with license renewal notices or otherwise assist in distributing the materials. [2015 c.221 §1]

Sec. 3. Section 1 of this 2015 Act is repealed on January 2, 2018. [2015 c.221 §3]