Or. Admin. R. 845-025-1180

Current through Register Vol. 63, No. 8, August 1, 2024

Section 845-025-1180 - Change of Location

(1) For the purposes of this rule, "change of location" means a transfer of a license or laboratory license from the premises for which the license or laboratory license is currently issued to another premises that does not include any part of the premises for which the license or laboratory license is currently issued.

(2) To request a change of location, a licensee or laboratory licensee must submit:

(a) A change of location request form as prescribed by the Commission;

(b) A Land Use Compatibility Statement for the new proposed location from the city or county that authorizes land use for that location.

(c) Any additional forms, documents, and information identified in the form to be submitted to the Commission;

(d) Additional information requested by the Commission if there is a reason to believe that the information is needed to determine the merits of the change of location request; and

(e) The fee specified in OAR 845-025-1060.

(3) A licensee or laboratory licensee who requests a change of location does not need to submit information and fingerprints required for a criminal background check if there are no changes to the individuals listed on the initial application.

(4) If a licensee or laboratory licensee loses access to the licensed premises, the Commission may allow the licensee or laboratory licensee to change location if:

(a) The licensee or laboratory licensee submits written notice, in a form and manner prescribed by the Commission, at least 15 days in advance of losing access;

(b) The licensee or laboratory licensee removes all marijuana items from the licensed premises in compliance with ORS chapter 475C and these rules prior to losing access;

(c) The licensee or laboratory licensee is not under investigation for suspected violations of any provision of ORS chapter 475C or these rules and does not have pending administrative violations;

(d) The licensee or laboratory licensee supplies documentation showing legal access to a new proposed location within 30 days of losing access to the licensed premises; and

(e) The licensee or laboratory licensee submits a Land Use Compatibility Statement for the new proposed location from the city or county that authorizes land use for that location and the use is not prohibited.

(5) The licensee or laboratory licensee may not begin engaging in activities that require a license in the new location prior to the Commission approving a change of location request.

(6) The Commission shall review a change of location request to determine if it is complete. A request may be considered incomplete if an application form is not complete, the fee specified in OAR 845-025-1060 has not been paid, or some or all of the additional information required under these rules is not submitted.

(a) The licensee or laboratory licensee will be notified in writing that its request is incomplete and has been inactivated by the Commission.

(b) The licensee or laboratory licensee may submit a written request for reconsideration of a decision that a change of location request is incomplete. Such a request must be received by the Commission within 10 calendar days of the date the incomplete notice was sent or transmitted to the licensee or laboratory licensee. The Commission may give the licensee or laboratory licensee the opportunity to be heard if change of location request is inactivated. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS 183.310 to 183.550.

(7) The Commission may deny a change of location request for any of the reasons that it may deny a license under OAR 845-025-1115. If the Commission denies a change of location request, the licensee or laboratory licensee has a right to a hearing under the procedures of ORS chapter 183.

(8) The Commission will refuse to process a change of location request submitted by:

(a) A person other than the licensee, laboratory licensee, or licensee representative of the licensed business for which the change of ownership is proposed;

(b) A business that is not currently licensed.

(9) The Commission may allow a marijuana retailer to change its location if the Commission becomes aware that a school established prior to issuance of the license is located within 1,000 feet of the retailer's premises. The retailer must submit a change of location request as described in this rule.

(10) Violations. A violation of this rule is a Category II violation.

Or. Admin. R. 845-025-1180

OLCC 202-2022, adopt filed 11/21/2022, effective 1/1/2023

Statutory/Other Authority: ORS 475C.017

Statutes/Other Implemented: ORS 475C.037, 475C.045, 475C.548, 2022 OL Ch. 117 Sec. 3