Section 471.311 - Application for license; rules; fees.

OR Rev Stat § 471.311 (2019) (N/A)
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(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, 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.

(5) The commission may waive the fee imposed under subsection (4) 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.

(6) The license fee is nonrefundable and must be paid by each applicant upon the granting or committing of a license. Subject to ORS 471.155 and 473.065, the annual or daily license fee and the minimum bond required of each class of license under this chapter are as follows:

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Minimum

License Fee Bond

Brewery, including Certificate

of Approval $ 1,000 $ 1,000

Winery $ 500 $ 1,000

Distillery $ 200 None

Wholesale Malt Beverage

and Wine $ 550 $ 1,000

Warehouse $ 200 $ 1,000

Brewery-Public House,

including Certificate

of Approval $ 500 $ 1,000

Limited On-Premises Sales $ 400 None

Off-Premises Sales $ 200 None

Temporary Sales $ 50 per day

Grower sales privilege

license $ 500 $ 1,000

Special events brewery

license $ 10 per day

Special events winery

license $ 10 per day

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 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 $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. 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 (8), 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]