Or. Admin. Code § 845-025-1170

Current through Register Vol. 63, No. 12, December 1, 2024

Section 845-025-1170 - Change of Ownership

(1) For the purposes of this rule, "change of ownership":

(a) Means a licensee or laboratory licensee proposes to:

(A) Add a licensee of record;

(B) Replace a current licensee of record; or

(C) Change its ownership structure such that natural persons who did not hold a direct or indirect interest in the business at the start of the license year will collectively hold a direct or indirect interest of 51 percent or greater.

(b) Does not mean a "change of business structure" as described in OAR 845-025-1165.

(2) To submit a change of ownership request:

(a) The proposed licensee or laboratory licensee must submit a new application in accordance with OAR 845-035-1030;

(b) Within 14 calendar days of the date the application described in subsection (a) of this section is submitted, the current licensee or laboratory licensee must submit a completed change of ownership notification form, as prescribed by the Commission, signed by the current licensee or laboratory licensee.

(c) On and after June 16, 2023, for a change of ownership for a retail license, a certificate of tax compliance issued within 90 calendar days of the date the change of ownership request was submitted, must be submitted for:

(A) Each current licensee, as that is defined in OAR 845-025-1015.

(B) Each new applicant, as that term is described in OAR 845-025-1045(3) and (4).

(3) The Commission shall review a change of ownership application in accordance with OAR 845-025-1090 and 845-025-1115.

(4) A change of ownership application must comply with the timeframes described in OAR 845-025-1135 to complete the application process.

(5) The Commission may refuse to process a change of ownership application if the change of ownership notification form is submitted by:

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

(b) A business that is not currently licensed.

(6) On and after June 16, 2023, the Commission will deem a change of ownership application that does not include all of the information required under section (2)(c) of this rule to be incomplete.

(7) Submission of a change of ownership request under this rule does not confer the privileges of a licensee to the applicant until the license is issued.

(8) Violations. Allowing a person other than the licensee to operate the licensed business before the Commission approves the change of ownership application is a Category I violation.

Or. Admin. Code § 845-025-1170

OLCC 202-2022, adopt filed 11/21/2022, effective 1/1/2023; OLCC 4-2023, temporary amend filed 06/15/2023, effective 6/16/2023through 12/12/2023; OLCC 6-2023, amend filed 11/17/2023, effective 12/13/2023

Statutory/Other Authority: ORS 475C.017, 475C.033 & 475C.185

Statutes/Other Implemented: ORS 475C.037, 475C.045 & 475C.548