OAR 845-005-0304: Local Government Recommendations: Requirements for Local Governments and License Applicants for Issuance of a License

(1) ORS 471.166 provides that the Commission may take into consideration a local government’s timely written recommendation on the issuance of a license, and allows the Commission to extend by rule the time allowed a local government to render its written recommendation. (2) If the local government has not provided a written recommendation to the Commission within the time frames allowed by section (4) of this rule, the Commission shall proceed as if the local government has made a favorable recommendation. (3) The Commission requires an applicant for issuance of a new license issued under ORS chapter 471 to provide written notice of the application to the local government in the form of a complete, accurate, and legible Commission’s local government recommendation form or in a format approved by the local government that meets Commission standards. The local government is as follows: (a) If the address of the premises proposed to be licensed is within a city’s limits, the local government is the city. (b) If the address of the premises proposed to be licensed is not within a city’s limits, the local government is the county. (4) A local government has up to 45 days from the date it receives the notice pursuant to section (3) to provide a written recommendation to the Commission. If within the 45 day time period the local government files with the Commission a written request that meets the requirements of section (5) this rule, the Commission shall allow the local government an additional 45 days within which to render its written recommendation on the license application. (5) The local government’s written request must set forth the reason additional time is needed, state that the local government is considering making an unfavorable recommendation, and state the specific grounds being considered toward an unfavorable recommendation. Valid grounds for an unfavorable recommendation are stated in OAR 845-005-0308(3). (6) For the purposes of this rule an unfavorable recommendation is a recommendation to deny a license or to issue a restricted license.