1. (1) The Oregon Liquor and Cannabis Commission may refuse to issue a service permit or temporary service permit, or may issue a restricted service permit, if the commission has reasonable grounds to believe any of the following to be true:

   1. (a) That the applicant is in the habit of using alcoholic beverages or controlled substances to excess.
   2. (b) That the applicant has made false statements to the commission.
   3. (c) That the applicant is incompetent or physically incapable of performing the duties of a permittee.
   4. (d) That the applicant has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted at any time of a felony.
   5. (e) That the applicant has not completed the alcohol server education course and examination required by ORS 471.542.

2. (2) Notwithstanding ORS 183.435, an applicant who seeks review of the refusal of a service permit or temporary service permit must request a hearing:

   1. (a) Within 15 days after notification of the refusal, if the refusal is based on failure to complete the alcohol server education course and examination; or
   2. (b) Within 30 days after notification of the refusal, if the refusal is based on any grounds other than failure to complete the alcohol server education course and examination.
3. (3) The refusal to issue a temporary service permit is not a contested case under ORS chapter 183.

[1979 c.788 §5; 1997 c.79 §3; 2001 c.785 §8; 2005 c.12 §1; 2009 c.350 §1; 2017 c.533 §15; 2021 c.351 §93; 2024 c.40 §13]