Q: Can a license be transferred?
A: A licensee that proposes to change its corporate structure, ownership structure, or change who has a financial interest in the business must submit a form prescribed by the Commission prior to making the change. However if a licensee has a change in ownership that is 51% or greater, a new application must be submitted. See Section 845-025-1160 of the OLCC rules for more information.
Q: Is there a limit to the number of licenses that will be issued?
A: No. There is no limit to the number of licenses the OLCC will be issuing.
Q: Can a person/business hold multiple licenses and/or license types?
A: Yes, a person or business may be vertically integrated, having multiple license types and licenses.
Q: Is there a closing date on applications?
A: No. The OLCC will begin accepting applications on January 4, 2016; there is no closing date for accepting applications.
Q: Do you have a time frame for how long it will take to get a license?
A: There is no specific time frame regarding how long it may take to get a license. The OLCC intends to license producers and laboratories first, as these items must be in place before all other license types may operate. This will then be followed by processors, research certificates and then retailers. It is expected to have the producers/labs licensed by Spring 2016 and for the retailers to be licensed by Fall 2016.
Q: If I do not have computer access is there a paper application?
A: The application will only available online, beginning January 4, 2016.
Q: How much information do capital investors have to disclose to the OLCC?
A: We will ask amount and description. OLCC may require additional information be included in the interested parties section. We ask potential applicants to use their best judgement in regards to disclosing information, it is important to not appear as if you are hiding information in the application.
Q: If a legal entity is designated as the applicant do you bypass the residency requirements?
A: No, individuals within the legal entity are required to be listed as applicants. See OAR 845-025-1045 (3).
Q: Are applications time stamped?
A: Yes, due to the nature of an online system. The date/time stamped on the application will not be used to determine the order of issuing licenses.
Q: Is there a ranking in regards to applications?
A: No, the OLCC intends to license producers and laboratories first, as these items must be in place before all other license types may operate. The OLCC will next license processors, research certificates and then retailers. It is expected to have the producers/labs licensed by Spring 2016 and for the retailers to be licensed by Fall 2016.
Q: Can all license types buy and purchase from each other?
A: Yes, however there are certain restrictions regarding who can buy what items. You are encouraged to read the rules and review all the specific privileges under each license type. For example: a producer may not sell useable marijuana to another producer, only immature plants.
Q: Can my attorney complete the application for me?
A: Yes, the OLCC does not prevent business representatives from applying for the license on behalf of their applicant clients, however the applicant must be the e-signatory on the application.
Q: Can we apply for a license even though the building isn’t complete?
A: Yes, you may apply for your license even though the building, security measures, etc. are not complete, however all items must be in place prior to license approval. You must have a premises address to apply for a license.
Q: Does my on-site facility manager have to be a two year resident?
A: No, not unless they meet the qualifications of an applicant.
Q: Are applicants with a complete application expected to go through the licensing process quicker?
A: We are unable to determine the time it will take to process individual applications, since each application is approved/denied on a case by case basis. However the more documents you have up front the better..
Q: Will we be required to submit information for spouses?
A: An applicant’s spouse is considered a person with financial interest and their information is required to be included in the application whether they are involved in the business or not.
Q: Am I required to own the land I’m using for my license or can I rent? At the time of application the rules indicate you need to prove lawful possession of the property. Do I have to hold the lease until my application is approved?
A: It is not required to own the property that is being used for the license. You will need to provide verification you have the legal right to use the land proposed for business. A draft lease or agreement referencing the circumstance between the potential licensee and the property owner may be acceptable.
Q: If one of my applicants has an outstanding tax burden will this affect our license?
A: Each application is reviewed on a case by case basis.
Q: If I am teaching an education class on growing marijuana do I need a license?
A: If you are within the laws of personal possession, then no. If you are intending to sell marijuana products then you will need a license.
Q: If I want to apply as the DBA which SOS registration do I use?
A: If you are applying with the DBA business information, then you should use the corresponding SOS registration number with that DBA.
Q: Are franchises a possibility?
A: Yes, there is nothing in our current rule language prohibiting franchises.
Q: When is the application and phone line live?
A: The application will be available on January 4, 2016. Call center assistance will be available during normal business hours beginning January 4, 2016. , You can continue to submit questions to firstname.lastname@example.org
Q: Once I’m approved for a license am I required to operate my business immediately?
A: There is no requirement to operate your business as soon as you’ve received your license. This is your personal business decision.
Q: If I have a criminal background will I be denied approval for a license?
A: We are unable to confirm if an application will be approved or denied as each application is considered on a case by case basis. However it is important to provide as much information as possible so as not to appear as if you are withholding or providing false information.
Q: Do employees need to be listed on the application?
A: No, however a log of all employees on the premises needs to be maintained for security purposes.
Q: Are there resources available for those interested in transitioning from an agricultural farmer to a marijuana producer?
A: You may wish to contact the Oregon Department of Agriculture. They have a cannabis coordinator who may be able to assist.
Q: What happens if I feel the investigator reviewing my application is abusing their power?
A: OLCC has a process for making complaints against employees. If you feel a final decision adversely affects your license, you are entitled to pursue a hearing under ORS Chapter 183.
Q: Can I have all of my licenses in one building?
A: The language in our temporary rules does not prevent different license types from being located on the same property. However House Bill 3400 does indicate, “the Oregon Liquor Control Commission may require a premises licensed under section 19, 20, 21 or 22, chapter 1, Oregon Laws 2015, to be segregated into separate areas,” if there appears to be a reason for the licensed areas to be separated this may be requested by the OLCC accordingly. All applicants should also be in compliance with local government regulations. Although our temporary rules do not require segregation, the local government may have specific restrictions on this matter. The OLCC recommends applicants work with local governments to ensure compliance.
Q: What information will be subject to public records requests?
A: Some application information is subject to disclosure under Oregon’s Public Records Law. There are exceptions to disclosure, including select proprietary and security details. If necessary the OLCC will work with the Department of Justice to determine if specific application information should be considered public or confidential under Oregon Public Records Law.
Q: Can I open a smoking lounge?
A: Public consumption is still prohibited under law. Licensure for a cannabis café allowing public use would require a statutory change. Also, cannabis falls under the regulation of Oregon’s Clean Air Act in 2016.
Q: Are there limits in regards to how much marijuana can be transferred between license types?
A: No limit has been established at this time. We encourage applicants to research Oregon Department of Transportation laws and rules.
Q: I have an outside investor. Will I be denied a license because they don’t meet the residency requirements?
A: This depends on their specific involvement and structure. If an investor meets the definition of an applicant, they will need to meet the residency requirements.
Q: How is banking handled? Banks won’t work with me because marijuana is illegal federally?
A: The OLCC does not set banking regulations.
Q: What level of debt can an applicant have while applying?
A: The OLCC does not check credit.
Q: Can I charge for the tours that I conduct on the premises?
A: OLCC administrative rules do not prohibit charging for tours conducted on premises. However, all tours must comply with requirements in rule.
Q: I want to move my licensed premises, how do I do this?
A: Changing the location of a business will require submitting a new application. Please review the OLCC rules for changing locations.
Q: If I want to be a contractor to perform work at licensed premises do I need a license?
A: Not under the OLCC licensing system.
Q: How will the grower/processor know that the retailer is licensed? Will licensees be able to check with the OLCC about license status?
A: OLCC staff will issue the license electronically through the online licensing system.
The license will be available for electronic download and must be printed and posted on the licensed premise, according to OLCC administrative rules.
Q: How do you define out of ordinary compensation for financial interest?
A: Out of the ordinary compensation would be paying an employee at a much higher rate than others doing the same job. If your investigator thinks someone is receiving an unreasonable rate of pay they may inquire why and how the business decision was made.
Q: How do we do the background check?
A: Fieldprint, in coordination with the Oregon State Police, will be used to perform the background check on all persons where this is required. You will be notified by the investigator reviewing your application who is affected and if/when it is time to get your fingerprints for the background done.
Q: Does residency mean you have to be a US citizen to apply?
A: No, residency is defined as being a state of Oregon resident for two consecutive years prior to licensure which is proved by the supporting documentation outlined in the temporary rules.
Q: Will we receive notice before an inspector visits the premises?
A: After licensure the inspector may visit the premise at any time, however there is no intention to continuously visit a premise unannounced unless a reason arises to do so.
Q: Is there a minimum or maximum facility size?
Q: How long is the license good for?
A: The licenses are annual from the date of payment.
Q: What is the minimum age of the workers on a site?
A: All employees must be 21+.
Q: What if there’s a change to the business structure after a license is issued?
A: There is a change of business structure form that must be completed prior to the change occurring, as indicated in the OLCC rules.
Q: Does the facility manager need to be a resident of the state?
A: There is no residency requirement for employees who do not need the qualifications of an applicant.
Q: Can a liquor licensee apply for a recreational license?
A: Yes, but the proposed business may not be at the same location as the liquor establishment.
Q: How do we submit the LUCS request form?
A: After submitting the LUCS to your local jurisdiction and paying their local fee, applicants rshould return the final LUCS to the OLCC with the initial application or upon request by OLCC staff. OLCC will then verify with the local government that all information on the form is correct.