74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 589
House Bill 2170
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Liquor Control Commission)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows Oregon Liquor Control Commission to issue temporary
letter of authority for period not to exceed 180 days to any
license applicant.
A BILL FOR AN ACT
Relating to temporary letters of authority issued by the Oregon
Liquor Control Commission; amending ORS 471.294 and 471.297;
and repealing ORS 471.302.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.297 is amended to read:
471.297. (1) The Oregon Liquor Control Commission may grant a
temporary letter of authority for a period not to exceed
{ - 90 - } { + 180 + } days { - on change of ownership
applications for licenses granted under this chapter - } { + to
any license applicant + } if the applicant pays the fee
prescribed by the commission for a temporary letter of authority.
{ - The administrator appointed by the commission under ORS
471.720 may extend a temporary letter of authority granted under
the provisions of this section for a period not to exceed 30 days
if the commission has not granted or denied the application at
the end of the 90-day period. - } A temporary letter of
authority issued under this section does not constitute a license
for the purposes of ORS chapter 183.
(2) The commission { + may refuse to issue a temporary letter
of authority, and may at any time + } summarily and without prior
administrative proceedings { - may - } revoke a temporary
letter of authority { - any time - } { + , + } if the
commission { - finds - } { + reasonably believes + } that any
of the grounds for refusing a license under ORS 471.313 or
canceling or suspending a license under ORS 471.315 exist.
(3) A person { - subject to - } { + whose temporary letter
of authority is to be revoked under + } subsection (2) of this
section shall be given an interview under the direction of the
commission if the person requests an interview prior to
revocation { - of a temporary letter of authority - } .
However, the proceedings are not a contested case under ORS
chapter 183.
SECTION 2. ORS 471.294 is amended to read:
471.294. (1) Except as otherwise provided in this section, all
licenses under this chapter and renewals thereof shall be issued
for a period of one year which shall expire at 12 midnight on
March 31, June 30, September 30 or December 31 of each year.
(2) Notwithstanding subsection (1) of this section, a license
issued for the first time to an applicant may be issued for less
than a year. The license fee for the first license issued to an
applicant, if the license is issued for a fraction of a year,
shall be proportionate to the annual license computed on a
quarterly basis, counting a major fraction of a quarter as a
whole quarter.
(3) The term of a temporary letter of authority { - or
license - } issued under ORS { - 471.302 - } { + 471.297 + }
or any temporary sales license is the period fixed by the Oregon
Liquor Control Commission when the letter or license is issued.
SECTION 3. { + ORS 471.302 is repealed. + }
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