ORS 475C.265 Grounds for revocation, suspension or restriction of license or permit

Subject to subsection (3) of this section, the Oregon Liquor and Cannabis Commission may revoke, suspend or restrict a license issued under ORS 475C.005 to 475C.525 or 475C.548 or require a licensee or licensee representative to undergo training if the commission finds or has reasonable ground to believe that the licensee or licensee representative:

Has violated a provision of ORS 475C.005 to 475C.525 or 475C.540 to 457C.586 or a rule adopted under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586.

Has diverted marijuana to the interstate market or an illicit market or has diverted resources to a criminal enterprise.

Has introduced into the marijuana industry regulated under ORS 475C.005 to 475C.525 cannabinoids or marijuana not produced or processed by a licensee and not tracked in the system developed and maintained under ORS 475C.177.

Has made any false representation or statement to the commission regarding compliance with a provision of ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 or a rule adopted under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 in order to induce or prevent action by the commission.

Is in the habit of using alcoholic liquor, habit-forming drugs, marijuana or controlled substances to excess.

Has misrepresented to a customer or the public any marijuana items sold by the licensee or licensee representative.

Since the issuance of the license, has been convicted of a felony, of violating any of the marijuana laws of this state, general or local, or of any misdemeanor or violation of any municipal ordinance committed on the premises for which the license has been issued.

Has sold a marijuana item to a person under 21 years of age.

In addition to the grounds listed in subsection (1) of this section, the commission may take an action described in subsection

of this section if there is a history of a lack of institutional control involving the premises for which a license has been issued under ORS 475C.005 to 475C.525 or 475C.548.

The commission may revoke a license under subsection (1)(a) of this section only when the conduct poses a significant risk to public health or safety.

The commission shall consider as mitigating factors to the conduct described in subsection (1) of this section the following:

Self-reporting by a licensee or applicant;

A demonstration that, to the satisfaction of the commission, the conduct of the licensee or applicant is not persistent or serious; and

A demonstration that, to the satisfaction of the commission, the licensee’s willingness and ability to adequately control the premises for which a license has been issued under ORS 475C.005 to 475C.525 or 475C.548 and any inventory stored at the premises.

The commission may suspend or restrict a license issued under ORS 475C.005 to 475C.525 or 475C.548 or require a licensee or licensee representative to undergo training if the commission finds or has reasonable grounds to believe that the licensee or licensee representative has violated a provision of ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 or a rule adopted under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586.

The commission may suspend or revoke a permit issued under ORS 475C.273 to an individual rather than suspend or revoke a license issued under ORS 475C.005 to 475C.525 or 475C.548 if the commission determines that permit suspension or revocation is more appropriate.

The commission may revoke a marijuana retailer license issued under ORS 475C.097 if the licensee fails to:

Pay the tax as required under ORS 475C.682 twice in any four consecutive quarters and the Department of Revenue has issued to the licensee a distraint warrant under ORS 475C.688 for the nonpayment of tax; or

File a return as required under ORS 475C.682 twice in any four consecutive quarters and the department has issued to the licensee a notice of determination and assessment under ORS 475C.688 for failure to file a return.

The department’s written notice to the commission that a licensee described under this subsection has failed to pay a tax or file a return twice in any four consecutive quarters, and that the department has issued a distraint warrant or notice of determination and assessment, shall constitute prima facie evidence of the licensee’s failure to pay the tax or file a return.