DIVISION 4
GENERAL
845-004-0001
Prohibited Interests in the Alcoholic Beverage Industry
(1) Definitions: As used in ORS 471.710 and this rule:
(a) "Employed by the Commission" means any permanent, temporary or limited duration Commission employee;
(b) "Financial Interest" means knowingly having an ownership interest, as a sole proprietor, partner, limited partner or stockholder in a business licensed by the Commission or any manufacturer of alcoholic beverages sold in Oregon;
(c) "Business Licensed by the Commission" means a business or that part of a business which requires an alcoholic beverage license to operate. A person is "employed by a business licensed by the Commission" if:
(A) That person's job duties include involvement with that portion of the business that requires an alcoholic beverage license to operate; or
(B) That person exercises management control over that portion of the business that requires an alcoholic beverage license to operate.
(d) "Business Connections" include, but are not limited to, the following:
(A) Knowingly providing anything of value to a manufacturer or a business licensed by the Commission in return for something of value. This rule does not, however, prohibit persons and licensees from providing commodities and services to each other that they routinely provide to the general public under the same terms;
(B) Partnerships with a manufacturer or licensee and similar ventures formed for the purpose of making a profit.
(e) "Knowingly" means a person actually knew or reasonably should have known;
(f) "Household" means all persons living as a family unit in the same dwelling;
(g) "Immediate Family" means spouse or Domestic Partner, and juvenile dependent children;
(h) "Position to Take Action or Make Decisions Which Could Affect the Licensed Business" means that the employee's job duties include the discretion to take actions or make decisions that are reasonably likely to create more than a trivial cost or benefit for a licensed business in money, time or anything else of value. An employee is not in a position to "take action or make decisions which could affect the licensed business" under ORS 471.710(2)(c) and (d) if the Commission removes the employee from actions and decisions affecting the licensed business. The Commission will do so where the removal would not unreasonably affect the employee's ability to perform his/her job duties.
(i) “Domestic Partner” means an individual who, along with another individual of the same sex, has received a Certificate of Registered Domestic Partnership pursuant to the Oregon Family Fairness Act.
(2) Additional Prohibitions:
(a) Employment: No commissioner or employee may be employed by a business licensed by the Commission, unless the commissioner or employee is not in a position to take action or make decisions which would affect the licensed business;
(b) Close Association: As used in this section, "close association" means a relationship that would or would reasonably be perceived to influence commissioner or employee decisions. A commissioner or employee who has a close association with an alcoholic beverage licensee:
(A) Will inform the Commission of the association as soon as the commissioner or employee knows about the association; and
(B) Will not participate in a decision that directly affects this licensee.
(3) Reporting Requirements:
(a) All applicants for Commission jobs must complete and sign a form describing any financial interest or business connection the applicant or any person in the applicant's household or immediate family has with the alcoholic beverage industry that the applicant would reasonably know of. The Commission will determine whether any prohibited interest or connection exists. An applicant or person in the applicant's household or immediate family who has a prohibited interest or connection must divest the interest or connection before the Commission hires the applicant;
(b) An employee must report any prohibited interest or connection with the alcoholic beverage industry to the employee's supervisor as soon as the employee would reasonably know of the interest or connection. If ORS 471.710 or this rule prohibits the interest or connection, the Commission will set a reasonable time period for divestiture. If the employee, household member or immediate family member fails to divest, the Commission will terminate the employee's employment with the Commission. An employee who has a prohibited interest in or connection with an alcoholic beverage retailer, wholesaler or manufacturer will not participate in any licensing or compliance decisions involving the retailer, wholesaler or manufacturer.
(4) Disciplinary actions: The Commission will appropriately discipline an employee who:
(a) Fails to report a prohibited interest or connection as section (2) of this rule requires;
(b) Knowingly acquires an interest or establishes a connection that ORS 471.710 or this rule prohibits.
Stat. Auth.:
ORS 471 including 471.030, 471.710, 471.730(1) & (5)
Stats. Implemented:
ORS 471.710
Hist.: OLCC
4-1988, f. & cert. ef. 7-1-88; OLCC 15-1989, f. 10-31-89, cert. ef. 11-1-89;
OLCC 9-2008, f. 6-12-08, cert. ef. 7-1-08
845-004-0005
Gifts, Gratuities
(1) Purpose: The Commission expects employees and retail sales agents to do their jobs fairly and impartially and to avoid conduct that compromises or appears to compromise that fairness and impartiality. It is not the intent of this rule to prohibit Commissioners, retail sales agents or Commission employees from interacting with licensees and distillery representatives on the same basis as a customer or the general public.
(2) No Commissioner, employee or retail sales agent will accept any gift, gratuity or thing of value from any alcoholic beverage licensee, or any person representing a distillery which the licensee/representative does not also offer on an equal basis to his/her customers or the general public.
(3) No alcoholic beverage licensee or person representing a distillery will offer or give any gift, gratuity or thing of value to a Commissioner, employee or retail sales agent which the licensee/representative does not also offer on an equal basis to his/her customers or the general public.
(4) Despite sections (2) and (3) of this rule a Commissioner, employee or retail sales agent may accept:
(a) Food and beverages provided for immediate consumption at a convention or a business conference or business meeting that are offered to all participants irrespective of any connection to the Commission;
(b) A non-alcoholic beverage for immediate consumption that a licensee offers at a business meeting;
(c) Items offered to all participants at a convention irrespective of any connection to the Commission.
(5) Despite sections (2) and (3) of this rule, a Commissioner may accept:
(a) Food, beverages, lodging and travel when the Commissioner is participating in an event related to his/her official duties and when appearing in an official capacity, subject to the reporting requirements of ORS 244.060(6);
(b) Food or beverage that the Commissioner consumes in the presence of the purchaser or provider.
Stat. Auth.: ORS 471,
including ORS 471.030, ORS 471.730(1) & (5)
Stats. Implemented: ORS 471.710(5)
Hist.: LCC 26, f. 5-12-60; LCC 27, f. 9-15-60; LCC 28, f. 12-19-60;
LCC 29, f. 5-21-64; LCC 34, f. 1-23-70, ef. 2-26-70; LCC 17-1979, f.
9-24-79, ef. 10-1-79; LCC 13-1980(Temp), f. & ef. 4-25-80; LCC
24-1980, f. 9-30-80, ef. 10-1-80; Renumbered from 845-010-0155(9);
LCC 3-1981, f. & ef. 9-18-81; LCC 6-1982, f. 7-30-82, ef. 8-1-82;
OLCC 7-1989, f. 7-28-89, cert. ef. 8-1-89; OLCC 1-2003, f. 1-27-03,
cert. ef. 2-1-03; OLCC 17-2003, f. 10-27-03, cert. ef.
12-1-03
845-004-0015
Signing of Orders
Unless the Commissioners specifically give other directions, the Administrator may sign, on the Commissioners' behalf, the written expression of any official action the Commissioners take at any public meeting. The Administrator's signature has the same force and effect as the signature of all the Commissioners.
Stat. Auth.: ORS 471 &
ORS 472, including ORS 471.030, ORS 471.730(1), ORS 471.730(5), ORS
472.030, ORS 472.060(1) & ORS 472.060(2)(d)
Stats. Implemented: ORS
471.720
Hist.: LCC 12-1980, f.
3-28-80, ef. 4-1-80; Renumbered from 845-010-0375; OLCC 14-1991, f.
9-30-91, cert. ef. 1-1-92
845-004-0020
Fees for Certain Services
(1) Purpose. In order to recover some of the costs involved, the Commission charges fees for certain services furnished to the public, license applicants and the industry.
(2) The Commission charges the following fees for lists of license or compliance actions:
(a) Weekly applications received list -- $5 for individual week, $100 for annual subscription.
(b) Monthly Compliance Action Ratification list -- $10 for individual month, $100 for annual subscription.
(c) Monthly staff and commission action list (licensing and permit actions) -- $10 for individual month, $100 for annual subscription.
(d) Combination of lists (a), (b), and (c) above -- $200 for annual subscription.
(e) Combination of any two lists in (a), (b), or (c) above -- $150 for annual subscription.
(f) Any other monthly or weekly lists produced by the Commission Regulatory Program but not included in (a)-(c) above -- $5 plus 25 cents per page copying.
(3) The Commission charges the following per record fees for individualized lists of licensed premises by type and location. The Commission may, at its discretion, waive a fee in special instances. Records can be requested as either paper, labels, or diskettes:
(a) 0-999 Records -- $25;
(b) 1,000-2,999 -- $40;
(c) 3,000-4,999 -- $55;
(d) 5,000-6,999 -- $70;
(e) 7,000-8,999 -- $85;
(f) 9,000 and up Records -- $100.
(g) The following lists are available:
(A) Complete list of all licensees;
(B) List of licensees by license type;
(C) List of licensees by county or city; and
(D) List of licensees by license type and county or city.
(h) The Commission may make other lists available if the Commission, in its discretion, determines that the list fills a public need, can be produced using current computer programs, and warrants the dedication of staff time necessary to produce the list. The Commission may provide electronic copies of its records. The fee is the cost of the time and material needed to produce the copy.
(4) The Commission may provide electronic or paper copies of its license and compliance records for licensed businesses. The Commission will only provide copies of documents that are not exempt from public disclosure, and may redact social security numbers and other protected information from copies of documents in the file record before making them available for review. The Commission may make microfiche copies of records available to a licensee or a licensee's legal representative, if the licensee or their representative is requesting a copy of the records for a business that the licensee owns or operates. Requests for Commission license and compliance records must be received in writing, on forms prescribed by the Commission. Except as described in sections (10) and (11) of this rule, the Commission charges the following fees for locating, researching, assembling, organizing, reviewing, redacting confidential information, copying, collating, and making records available for public viewing:
(a) File review of paper copies or microfiche files, up to 100 pages: $5.00, plus 25 cents per page. The Commission may require payment of the full amount of fees at the time the request is received.
(b) File review of paper copies of individual files larger than 100 pages: $13.00 for each hour of staff time to locate, research, assemble, organize, review, redact confidential or protected information, copy, and collate the file records, plus 25 cents per page. The Commission may require payment of the full amount of the photocopying fees at the time the request is received.
(c) File review of records available in an electronic format: $5.00, plus the cost of the storage media.
(5) The Commission will provide copies of tapes of its hearings, monthly Commission meetings and other taped proceedings for a $5 per tape fee. The Commission does not provide transcription service.
(6) Representatives of distilled spirits' suppliers may purchase monthly reports of sales and inventory by code number (brand) by retail outlet. The fee is $20 for preparation of the report, plus $2 for each code included in the report. The Commission will bill representatives monthly, with payment due within 30 days.
(7) The Commission will charge the supplier or carrier, according to the responsibility for damage, a fee for recouping merchandise. The Commission sets this fee based on an annual review of the Commission's labor and materials cost.
(8) The Commission's charge on special accounts that do not pay normal markup on liquor purchases is the landed cost plus a 5% handling fee per case. The handling fee for split cases will be 15% of the landed cost of each bottle ordered.
(9) Except as described in sections (10) and (11) of this rule, the Commission charges the following fees for photocopying records not specified elsewhere in this rule: $13 for each hour of staff time to locate, research, assemble, organize, copy or collate the records, plus 25 cents per page. The Commission may require payment of the amount of the photocopying fees at the time the request is received.
(10) The Commission may not include in a fee charged under sections (4) or (9) of this rule the cost of time spent by an attorney for the public body in determining the application of the provisions of ORS 192.410 to 192.505.
(11) If a fee charged under sections (4) or (9) of this rule is estimated to be greater than $25, the Commission must provide the requestor with a written notification of the estimated amount of the fee. The Commission shall not process the public records request until it receives confirmation from the requestor that the requestor wants the Commission to proceed with making the public record available.
(12) The Commission may furnish copies without charge or at a substantially reduced fee if the Commission determines that the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public.
Stat. Auth.: ORS 471, including 471.030, 471.730(1) & (5)
Stats. Implemented: ORS 192.440(3)
Hist.: LCC 11-1980, f. 3-3-80, ef. 4-1-80; Renumbered from
845-0010-355; LCC 30-1980, f. 12-22-80, ef. 1-1-81; LCC 30-1986, f.
11-20-86, ef. 1-1-87; OLCC 3-1990, f. 3-16-90, cert. ef. 4-1-90; OLCC
16-1991, f. 10-31-91, cert. ef. 1-1-91; OLCC 19-2000, f. 12-6-00,
cert. ef. 1-1-01; OLCC 5-2001, f. 8-15-01, cert. ef. 9-1-01; OLCC
1-2005, f. 4-21-05, cert. ef. 5-1-05; OLCC 10-2005, f. 12-19-05,
cert. ef. 1-1-06
845-004-0022
Annual License Fee Definition and Refund
(1) Annual license fee is the amount ORS 471.311(5) requires for the use of an annual license.
(2) The Commission considers an annual license used when a licensee allows any sale, service, or consumption of alcoholic beverages on the premises after the effective date of the license.
(3) The Commission refunds the annual license fee, when the licensee verifies that he/she has not used the license as described in section (2) of this rule.
Stat. Auth.: ORS 471,
including ORS 471.030, ORS 471-040, ORS 471.730(1) & ORS
471.730(5)
Stats. Implemented: ORS
471.311
Hist.: LCC 6-1986, f. &
ef. 4-1-86; OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01
845-004-0060
Sales by U.S. Customs, County Sheriffs, Other Agencies
(1) The purpose of this rule is to provide for the sale of alcoholic liquors which have been confiscated or received by U.S. Customs, county sheriffs, courts, Internal Revenue Service or other governmental agencies.
(2) A letter requesting permission to sell alcoholic liquors shall be submitted to the Commission, setting forth the following information:
(a) Reason for the sale;
(b) List of merchandise to be sold and approximate quantities;
(c) Date(s), time(s) and place of sale;
(d) Person(s) who will actually conduct the sale;
(e) If the sale is by a U.S. Customs agent, agreement that no merchandise will be delivered to the purchaser until the purchaser presents a letter of release from the Commission.
(3) On approval, the Commission will appoint the person designated to conduct the sale as a retail sales agent of the Commission for the limited purpose of selling the listed merchandise at a specified time and place. All merchandise sold must have seals intact and must be fit for human consumption, unless the purchaser has a federal permit to produce alcohol for fuel and indicates in writing that the merchandise purchased will not be used for human consumption.
(4) If distilled spirits are purchased through a U.S. Customs sale, the purchaser must obtain from the U.S. Customs agent a statement in writing of the quantity of distilled spirits purchased and the purchase price. The purchaser must remit to the Commission a markup of 25 percent of the purchase price of the distilled spirits and obtain a letter of release from the Commission before the U.S. Customs agent may release the distilled spirits to the purchaser.
Stat. Auth.: ORS 471 &
ORS 472, including ORS 471.030, ORS 471.730(1), ORS 471.730(5), ORS
472.030, ORS 472.060(1) & ORS 472.060(2)(d)
Stats. Implemented: ORS
471.610, ORS 471.657, ORS 471.665 & ORS 472.060(2)(e)
Hist.: LCC 21-1980, f.
6-20-80, ef. 7-1-80; Renumbered from 845-010-0380
845-004-0065
Communications Between the Commission and Applicants, Licensees, Service Permittees or Alcohol Server Education Course Providers
(1) The Commission sends all correspondence to the mailing address that the applicant, permittee, provider or licensee gave on the original application form. An applicant, permittee, provider or licensee, including officers, directors, shareholders, and partners, who wants to receive suspension, cancellation, nonrenewal and contested case hearing notices at a different address, must notify the Commission in writing of this. The Commission will include this information about notice and the notice option as a written part of the application packet.
(2) Each applicant, permittee, provider or licensee is responsible for notifying the Commission in writing of any change in an address specified in section (1) of this rule.
(3) When the Commission gives notice by mail, according to ORS Chapter 183 and as specified in section (1) of this rule, the applicant, permittee, provider or licensee has received proper notice even when the applicant, permittee, provider or licensee fails to claim this mail.
Stat. Auth.: ORS 183,
including 183.341(2), 183.415(4) & 183.450(3); & ORS 471
& 472, including ORS 471.030, 471.730(1) & (5)
Stats. Implemented: ORS 183, including ORS 183.341(2)
Hist.: LCC 2-1981, f. 7-1-81, ef. 1-1-82; OLCC 14-1991, f. 9-30-91,
cert. ef. 1-1-92; OLCC 14-2002, f. 10-25-02 cert. ef.
11-1-02
845-004-0070
Screening and Selection Procedures for Personal Service Contracts
(1) Purpose: Department of Administrative Services Administrative Rules OAR 122-020-0005 through 122-041-0005 govern personal service contracts. Within these rules, the Commission is required to develop its own rule for screening and selecting procedures. This rule describes the Commission's procedures.
(2) The Department of General Services in OAR 125-310-0092 defines personal service contracts as:
(a) Contracts for services performed as an independent contractor in a professional capacity, including but not limited to the services of an accountant; attorney; architectural or land use planning consultant; physician or dentist; registered professional engineer; appraiser or surveyor; passenger aircraft pilot; aerial photographer; timber cruiser; data processing consultant or broadcaster;
(b) Contracts for services as an artist in the performing or fine arts, including but not limited to persons identified as photographer, filmmaker, weaver, or sculptor;
(c) Contracts for services of a specialized, creative and research-oriented, non-commercial nature;
(d) Contracts for services as a consultant;
(e) Contracts for educational and human custodial care services.
(3) The Commission's Administrative Services Division contracts for the Commission. Before any personal service contract work is done, the Commission must have a written contract that complies with this rule and any applicable Department of Administrative Services rule.
(4) Contracting procedures: When the Commission proposes to contract, the Commission:
(a) Develops written justification for the contract based on OAR 122-020-0015(3) which says:
"An agency may contract for consultant services when the specialized skills, knowledge and resources to be provided by consultant are not available within the agency; when the work cannot be done in a reasonable time with the agency's own work force; when an independent and impartial evaluation of a situation is required by a consultant with recognized professional expertise and stature in a field; or when it will be less expensive to contract for the work";
(b) Develops the criteria the Commission will use to award the contract. These criteria may include:
(A) Contractors specialized experience and technical competence in relation to the service required;
(B) Contractors capability to perform the work, including any specialized services, within the time limitations;
(C) Contractors past record of performance on other contracts including qualify of work and ability to meet schedules;
(D) Overall cost of the service, as well as hourly rates.
(c) Selects appropriate contractor response format such as request for proposal, written bid, telephone bid. The Commission requires a minimum of three bids for contracts in amounts of $1,000 or more;
(d) Notifies prospective contractors and documents the notification method. The Commission will make special efforts to ensure that it notifies minority/female contractors;
(e) Reviews proposals and selects the best qualified contractor based on the award criteria.
(5) Contract Approval: Before the Commission awards the contract to the selected contractor:
(a) The Commissioners must first approve all personal service contracts of $5,000 or more at their monthly meeting. The Commissioners must approve amendments or extensions of person service contracts that exceed the authorized dollar amount at their monthly meeting. At their monthly meeting, the Commissioners will review a list of any personal service contracts that exceed $1,000 but are less than $5,000 that staff has entered into during the previous month;
(b) The Department of Administrative Services must approve contracts exceeding $1,000. The Department of Administrative Services has delegated to the Commission the authority to enter into contracts in the amounts up to $1,000 with an annual (fiscal year) limit for each contractor of $2,000;
(c) The Attorney General must review and approve contracts in excess of $25,000;
(d) The Department of Administrative Services must approve amendments or extensions of personal service contracts that exceed the authorized dollar amount;
(e) The Department of General Services must approve architectural or engineering service contracts;
(f) The Information Systems Division of the Department of Administrative Services must approve data processing contracts.
(6) Despite section (4) of this rule the Commission may contract with other government agencies for personal services without Department of Administrative Services approval. The Commission must, however, follow the other requirements of this rule and any applicable Department of Administrative Services rules.
(7) In an emergency the Commission may bypass the requirements of section (4) of this rule. The Commission must justify this action in writing. The Commission will keep the explanation in the personal service contracts file and will provide a copy to the Department of Administrative Services.
(8) Despite subsection (5)(a) of this rule, the Administrator, in consultation with the Commission chairperson, may approve personal service contracts between $5,000 and $25,000 in an emergency. The Administrator will bring the contract with an explanation of the emergency to the next Commission meeting for ratification.
Stat. Auth.: ORS 471 &
ORS 472, including ORS 471.030, ORS 471.730(1), ORS 471.730(5), ORS
472.030, ORS 472.060(1) & ORS 472.060(2)(d)
Stats. Implemented: ORS
291.021
Hist.: LCC 15-1983, f.
12-27-83, ef. 1-1-84; LCC 6-1985, f. 5-3-85, ef. 7-1-85; OLCC 3-1989,
f. 3-31-89, cert. ef. 4-1-89; OLCC 11-1990, f. 6-4-90, cert. ef.
7-1-90; OLCC 1-1991, f. 3-1-91, cert. ef. 4-1-91
845-004-0075
Public Contracting
The Commission adopts the Attorney General's Model Rules for Public Contracting effective August, 1990, by reference as a permanent rule of the Oregon Liquor Control Commission.
Stat. Auth.: ORS 471 &
ORS 472, including ORS 471.030, ORS 471.730(1), ORS 471.730(5), ORS
472.030, ORS 472.060(1) & ORS 472.060(2)(d)
Stats. Implemented: ORS
279.049
Hist.: LCC 3-1986, f. 2-6-86,
ef. 4-1-86
845-004-0100
Production of Alcohol for Fuel
ORS 471.403 prohibits the distilling of alcoholic liquor without a license. Producers of alcohol for fuel will not violate ORS 471.403 if they comply with the following requirements:
(1) Any person who produces motor fuels containing distilled spirits must possess a Federal Alcohol Fuel Producer's Permit, pursuant to Title 27, CFR, Section 19.935, and must comply with all pertinent federal regulations in effect as of January 1, 1984.
(2) Prior to beginning operation, the person must furnish the Commission with a copy of the Alcohol Fuel Producer's Permit and a copy of the application for the permit.
(3) Alcohol produced or held under the permit may not be used, sold or made available for human consumption.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 471 &
ORS 472, including ORS 471.030, 471.730(1) & (5), 472.030,
472.060(1) & (2)(d)
Stats. Implemented: ORS 471.205 & ORS 471.730(8)
Hist.: LCC 14-1979, f. 8-27-79, ef. 8-29-79; Renumbered from
845-010-0785; LCC 1-1984, f. & ef. 4-3-84; OLCC 6-2003, f.
4-25-03, cert. ef. 5-1-03
845-004-0101
Purchase of Grain and Ethyl Alcohol for Scientific, Pharmaceutical, Manufacturing, Mechanical and Industrial Purposes
(1) ORS 471.730(8) and 471.404 allow the Commission to license, regulate and control the use of alcohol for scientific, pharmaceutical, manufacturing, mechanical and industrial purposes.
(2) To meet the needs of those who use grain and ethyl alcohol for scientific, pharmaceutical, manufacturing, mechanical and industrial purposes, the Commission requires these users to secure Importation Permit/s. For purposes of this rule, the Commission considers agricultural use of this product to be an industrial use. Importation Permits may be issued for alcohol importation to a person who is not a Brewery, Winery, Distillery, or wholesale licensee.
(3) Importation Permit:
(a) The Commission may issue a permit that allows a person to import 190 or 200 proof alcohol for scientific, pharmaceutical, manufacturing, mechanical and industrial purposes to a person who:
(A) Is at least 21 years old;
(B) Completes the Importation Permit application; and
(C) Sends the application to the Commission at any time. The application must be received at least 30 days prior to the first purchase or use of alcohol for scientific, pharmaceutical, manufacturing, mechanical and industrial purposes.
(b) If the person is eligible for a permit, the Commission will send the person the permit. The person may then order the alcohol from an alcohol vendor and must include a copy of the permit with the order;
(c) The Commission may deny the permit if the person does not complete the application, proposes an unacceptable use for the alcohol or makes a false statement on the application. If the person makes a false statement on the application or uses the alcohol other than described in the application, the Commission may refuse to issue another permit; and
(d) Before the end of each calendar year, Importation Permit holders must send the Commission a listing of the 190 or 200 proof alcohol which the Permit holder used during that calendar year.
(4) The Commission retains the right to audit the records of alcohol vendors and Importation Permit holders at any time to determine compliance with this rule and other regulations of the Oregon Liquor Control Commission.
Stat. Auth.: ORS 471, including
471.030 & 471.730(1) & (5)
Stats. Implemented: ORS 471.404 & 471.730(8)
Hist.: OLCC 25-1990, f. 12-19-90, cert. ef. 2-1-91; OLCC 16-1999, f.
11-2-99, cert.ef. 12-31-99; OLCC 13-2004, f. 11-18-04, cert. ef.
1-1-05
845-004-0105
Domestic Purchase of Grain and Ethyl Alcohol for Scientific, Pharmaceutical, Manufacturing, Mechanical and Industrial Purposes
(1) ORS 471.730(8) allows the Commission to license, regulate and control the use of alcohol for scientific, pharmaceutical, manufacturing, mechanical and industrial purposes.
(2) The Commission requires those who use grain and ethyl alcohol for scientific, pharmaceutical, manufacturing, mechanical and industrial purposes, and who purchase such grain and ethyl alcohol from Oregon vendors, to secure an Open Purchase Order. For purposes of this rule, the Commission considers agricultural use of this product to be an industrial use. Open Purchase Orders as described in this rule may be issued for domestic ethyl alcohol purchases to a person who is not a Brewery, Winery, Distillery, or wholesale licensee of the Commission.
(3) Open Purchase Order for Domestic Purchase of Grain and Ethyl Alcohol:
(a) The Commission may issue an Open Purchase Order that allows a person to purchase 190 proof through 200 proof alcohol for scientific, pharmaceutical, manufacturing, mechanical and industrial purposes from an Oregon vendor of ethyl alcohol to a person who:
(A) Is as least 21 years old;
(B) Completes a request for an Open Purchase Order with the Commission; and
(C) Sends the completed application to the Commission at least 30 days prior to the first purchase of alcohol for scientific, pharmaceutical, manufacturing, mechanical and industrial purposes.
(b) If the person is eligible for an Open Purchase Order, the Commission will establish an Open Purchase Order for that person. The person may then order grain and ethyl alcohol from an Oregon alcohol vendor and must include a copy of the Open Purchase Order with their order to each vendor from whom they purchase.
(c) The Commission may refuse to issue an Open Purchase Order if the person does not complete the application, proposes an unacceptable use for the alcohol or makes a false statement on the application. If the person uses the alcohol other than described in the application, or the Commission discovers after issuing the Open Purchase Order that the person made a false statement on the application, the Commission may withdraw any existing Open Purchase Order previously issued to the person.
(d) Before the end of each calendar year, each holder of an Open Purchase Order as described by this rule must send the Commission a listing of the 190 proof through 200 proof alcohol which the Open Purchase Order holder purchased from an Oregon vendor during that calendar year.
(4) The Commission retains the right to audit the records of alcohol vendors and holders of Open Purchase Orders as described by this rule at any time to determine compliance with this rule and other regulations of the Oregon Liquor Control Commission.
(5) Open Purchase Orders for domestic purchase of grain and ethyl alcohol below 190 proof will be reviewed by the Director of the Distilled Spirits Program, and approved if uses are consistent with this rule.
Stat. Auth.: ORS 471, including 471.030, 471.730(1) & (5)
Stats. Implemented: ORS 471.730(8)
Hist.: OLCC 4-2006, f. 2-22-06, cert. ef. 3-1-06
845-004-0120
Investigative Subpoenas and Oaths
(1) Purpose. ORS 471.760 allows the Commissioners and any of their authorized agents to issue subpoenas and administer oaths. The Commissioners delegate authority to the Administrator and Deputy Administrator to issue investigative subpoenas, and authorize the Administrator to delegate that authority to selected staff. This rule defines the circumstances under which the Commission issues investigative subpoenas and administers oaths. This rule does not concern subpoenas issued and oaths administered by Administrative Law Judges in the contested case process. For purposes of this rule, the term "records" includes videotapes, DVDs, audiotapes, CDs, and other media used to capture or record information and activities.
(2) At any time during a license application, Service Permit application, or alleged liquor law violation investigation, the Administrator or Deputy Administrator may issue:
(a) An investigative subpoena for books, payrolls, accounts, papers, documents or records under the following circumstances:
(A) It appears to the Administrator or Deputy Administrator the information may be helpful to make a decision about a liquor license application, Service Permit application, or alleged liquor law violation; and
(B) The applicant, licensee or Service Permittee cannot or will not provide the book, payroll, account, paper, document or record; the investigation might be compromised by asking the licensee or applicant for the book, payroll, account, paper, document or record; or the person in possession of the book, payroll, account, paper, document or record requires a subpoena for its release.
(b) An investigative subpoena to any person requiring the person to give a sworn statement. The Administrator or Deputy Administrator may issue a subpoena whenever compelling a sworn statement may be helpful in making a decision about a liquor license application, Service Permit application, or alleged liquor law violation. Investigators, Inspectors, Regional Coordinators and Regional Managers may conduct interviews of subpoenaed witnesses under oath.
(3) During a liquor license application, Service Permit application, or alleged liquor law violation investigation, an Investigator, Inspector, Regional Coordinator or Regional Manager may administer an oath to a person making a voluntary statement.
Stat. Auth.: ORS 471 including 471.030 & 471.730(1) &
(5)
Stats. Implemented: ORS 471.760
Hist.: OLCC 16-1997, f. 7-24-97, cert. ef. 9-1-97; OLCC 6-2005, f.
10-19-05, cert. ef. 11-1-05
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