Chapter 5.15
LIQUOR LICENSE APPLICATIONS
Sections:
5.15.020 City manager’s duties.
5.15.010 License application.
Any person or business requesting the recommendation of the city council to the Oregon Liquor Control Commission (OLCC) upon a liquor license application shall make application upon suitable forms furnished by the city and/or the Commission. The application shall contain:
(A) The type of license applied for and a description of the nature of the business for which the application is made.
(B) The name and address of the applicant(s); if a partnership, the names and addresses of all partners; if the business is a corporation, the name and address of the home office and the name and address of the registered agent in this state and the name and address of the local agent or representative who will be in charge of the business in the city.
(C) Name and address of all businesses and locations for which applicant ever possessed a license to sell alcoholic beverages, both in Oregon and elsewhere.
(D) The address of the location where the business will be located in the city.
(E) The date of application.
(F) Any other information the city manager or council deems necessary for review.
(G) The signature of the applicant or agent making the application.
(H) The applicant shall be required to pay prior to processing the application the fee established by the council as provided by applicable resolution. [Ord. 627 § 1, 1984; Code 2000 § 9.205.]
5.15.020 City manager’s duties.
(A) The city manager shall provide application forms and shall maintain a record of all applications. The city manager may cause any application to be reviewed by the chief of police, community services director, fire chief or any other department manager at his or her discretion for the purpose of obtaining information necessary to make a recommendation to the council. The applicant shall promptly supply to the city manager such other or additional information as the city manager may deem necessary to review the application.
(B) The city manager may waive any of the provisions of this chapter, other than city council review, for any retail outlet establishing new facilities and/or annual renewal, when the outlet does not permit consumption of alcoholic beverages on premises, but serves only as a retail package store/outlet. In such a case, the recommendation of the manager may be placed on the city council consent agenda, from which it may be removed for discussion upon the request of any member of the council. Upon completion of the review, the city manager shall make a recommendation to the council. [Ord. 627 § 1, 1984; Code 2000 § 9.206.]
5.15.030 Hearing procedure.
(A) If the city manager recommends approval of an application, the matter will be scheduled as an agenda item before the city council. Any member of the council or any person determined by the council to be affected may request a public hearing before the city council prior to approval of an application. Such public hearing will be scheduled and notice given pursuant to CMC 5.15.040 and 5.15.050.
(B) The city, the applicant, and any interested parties shall have the right to present evidence and witnesses. The mayor and council members may ask questions of any witness.
(C) The city, the applicant, or any other affected party may be represented by legal counsel at their own expense.
(D) After due consideration of the evidence and testimony presented to it, the city council shall make its recommendation. The recommendation shall be based on substantial evidence relative to the criteria in this chapter and shall be final. In the case of an adverse recommendation, findings shall be produced and forwarded to the OLCC along with the council recommendation. [Ord. 627 § 1, 1984; Code 2000 § 9.207.]
5.15.040 Applicant notice.
Before the city manager forwards a recommendation of denial to the city council, notice to the applicant shall be given either personally or by registered or certified mail. The notice shall:
(A) State the time and place of the meeting.
(B) Afford the opportunity for the applicant or an affected party to request a public hearing.
(C) State the city manager’s reasons for the recommendation of denial.
(D) State that if the applicant desires a public hearing, the city manager must receive notice, in writing, within seven days of the date of notice of recommendation for denial. [Ord. 627 § 1, 1984; Code 2000 § 9.208.]
5.15.050 Public notice.
(A) Not less than seven calendar days prior to the city manager’s action upon a liquor license application, the city shall cause to be published in a newspaper of general circulation within the city a notice specifying all liquor license applications by business name and address pending before the city manager.
(B) In the event that a public hearing before the city council is scheduled, the city shall cause to be published in a newspaper of general circulation in the city a notice specifying a time, date and location of the hearing and the business name and address of the applicant. The notice shall be published not less than seven calendar days prior to the date of the public hearing. The notice shall inform the public that testimony may be given for or against the application. [Ord. 627 § 1, 1984; Code 2000 § 9.209.]
5.15.060 Action by council.
The council shall recommend to the Commission on each liquor license application either approval, denial or modification in particulars stated. In making such determination the council may consider among other factors the following:
(A) The completeness and accuracy of the application.
(B) The timeliness and responsiveness of the applicant in supplying information requested by the city manager or council.
(C) The frequency of persons under 21 years of age, unaccompanied by adults, in the area of the applicant’s premises.
(D) Compliance with all statutes and ordinances related to the control and use of alcoholic beverages and controlled substances.
(E) The criminal record and moral character of the applicants and the agents and employees of the applicant.
(F) The maintenance of the applicant’s former or existing licensed premises including, but not limited to, noise, sanitation, cleanliness, orderliness, law enforcement incident experience and compliance with applicable nuisance laws and other ordinances and regulations.
(G) The relative condition of the premises with respect to sanitation and cleanliness.
(H) The anticipated demands on city services to include law enforcement.
(I) The number and sufficiency of licensed premises in the locality set out in the application. (If a reduction in dispenser licenses is warranted, the council may make a decision based on reasonable comparisons of services, facilities and economic benefit to the area, as well as convenience and public interest.)
(J) Conformance to city ordinances or regulations pertaining to zoning, building and fire codes.
(K) Any other factors, which in the opinion of the council, have bearing on the public health, safety, welfare, convenience or necessity, of the city and/or its citizens. [Ord. 627 § 1, 1984; Code 2000 § 9.210.]