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FAQs: Local Government Opt-Out

Q:  Multiple cities and counties are opting out.  What if the city/county opts-out after I’ve submitted my application?
A:  This is a local government issue and the OLCC does not have any oversight in these matters.  Potential applicants are encouraged to work with their local governing body to understand where it may stand on the “opt out” matter.  Per statute, the OLCC must deny applications where the business is located in a jurisdiction that has opted out. The OLCC website has a list of currently opted-out cities and counties here.   

Q:  My city/county has opted out.  Can I open a business in another jurisdiction?
A:  OLCC Division 25 rules do not prevent residents currently living in a city/county that has opted-out from applying outside their jurisdiction.     
Q:  My property is in unincorporated land, but has a city address.  The city has opted out.  Does the city opt out affect me?
A:  You should contact your local government to confirm if your property falls under city or county jurisdiction.  The opt-out may affect you depending on its response.
Q:  Is it possible to still apply if my city/county has opted out?
A:  Yes, however OLCC will propose denial based on denial criteria in statute.
Q:  Are there any deadlines for the local municipalities to opt-out?
A:  Those cities and counties that voted 55% or more in opposition to Measure 91 had until December 27, 2015 to adopt an ordinance without putting the decision to a vote on the next general election.  For all other cities/counties that are putting the matter on the next general election, there is no deadline.