Chapter 5.20
LIQUOR LICENSES
Sections:
5.20.060 City manager recommendation.
5.20.080 Contents of public hearing notice.
5.20.090 Publication of public hearing notice.
5.20.100 Public hearing procedures.
5.20.110 Recommendation to OLCC.
5.20.010 Purpose.
These sections establish criteria for recommending to the Oregon Liquor Control Commission (OLCC) that it grant, deny, modify or renew liquor licenses for premises within the city. This process is intended to make fair, effective, and efficient recommendations. These sections are necessary to ensure that premises licensed to sell or dispense liquor meet community expectations, and that such businesses are conducted in a lawful manner that does not unreasonably disturb the peace and tranquility of the city and its neighborhoods. (Ord. 7-2010 § 1 (Exh. A))
5.20.020 Forms.
Applicants for OLCC licenses shall provide the city manager with the appropriate OLCC license application forms. The city manager may require additional information appropriate for conducting the investigations required for city council recommendations. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.030 Temporary licenses.
The city manager is authorized to approve applications for temporary OLCC licenses such as special events, special beer and special wine licenses. Such applications may be processed administratively after the fee established by city council has been paid. The city manager may make an unfavorable recommendation to the OLCC if the city manager finds that the applicant does not meet the criteria established by FMC 5.20.060. Either the applicant or city manager may refer an application to the city council for a public hearing. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.040 Regular licenses.
The city manager accepts applications for regular OLCC liquor licenses only when the following conditions are met: (A) all required forms are properly completed and in order; (B) the applicant has obtained a city business license; and (C) the processing fee established by city council resolution has been paid. For purposes of this chapter, a “regular license” means any license that the OLCC may issue for an annual period. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.050 Investigation.
The city manager shall coordinate an investigation of each application to determine the appropriate recommendation to the OLCC. The city manager shall provide a copy of each application to the appropriate city departments for investigation and report. Reports from these departments must be included with each manager’s unfavorable or conditionally favorable recommendation to the city council. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.060 City manager recommendation.
A. The city manager may make an unfavorable or conditionally favorable recommendation to the city council on any application based on any of the bases for an unfavorable recommendation set forth in applicable state laws and administrative rules.
B. The city manager’s unfavorable or conditionally favorable recommendation to city council and any unfavorable recommendation to the OLCC must be supported by reliable factual information, which includes but is not limited to personal observations of activities in or around the proposed licensed locations, as opposed to opinion, hearsay, feelings, beliefs or speculation. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.065 City manager review.
The city manager is authorized to file a favorable recommendation with the OLCC for all regular OLCC liquor license original applications and renewals which receive a favorable city manager’s recommendation. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.070 City council review.
City council shall be notified of all regular OLCC liquor license original applications and renewals. If the city manager makes an unfavorable recommendation, a public hearing shall be held to allow all interested parties a reasonable opportunity to be heard by the city council. The city manager shall file with the OLCC a written request for additional time to submit the recommendation and the hearing shall be scheduled so that a recommendation can be filed within the time limit of the extension. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.080 Contents of public hearing notice.
Before the city council recommends denial of a liquor license application, notice of the public hearing must be given to the applicant either personally or by certified mail postmarked not later than 10 days prior to the hearing. The notice shall contain: (A) the date, time and place of the hearing; (B) a copy of the recommendation of the city manager together with all supporting reports and documents; and (C) a statement that information about procedures and rights of parties may be obtained from the city manager. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.090 Publication of public hearing notice.
If a public hearing is scheduled, the city manager shall publish in a newspaper of general circulation in the city a notice specifying a time, date and location of the hearing and business name and address of the applicant. The notice shall inform the public that testimony may be given for or against the application. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.100 Public hearing procedures.
When a public hearing before the city council is held: (A) the applicant and the city manager may present written and oral evidence and may rebut opposing evidence; (B) the hearing shall be limited to production of evidence relevant to the recommendation of manager, unless the council decides to hear additional evidence; (C) after consideration of all relevant evidence, the city council shall make its recommendation. The recommendation shall be based on substantial evidence relative to the FMC 5.20.060 criteria and shall be final. In the case of an adverse recommendation, the city council shall make findings of fact which shall be forwarded to the OLCC along with the city council recommendation against the application. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))
5.20.110 Recommendation to OLCC.
If the city council finds that an applicant does not meet the criteria established by FMC 5.20.060, it may make a favorable recommendation with a letter of warning to the applicant. The city manager shall deliver to the applicant in person or by certified mail a summary of the reports relating to the application, and a notice to correct the problems cited. A copy of this notice and summary shall be sent to OLCC.
During the following license period, the city manager shall monitor the progress of the applicant in correcting such problems and report to the city council. At the time of the next license renewal, city council shall review the application notwithstanding a favorable city manager’s recommendation. The applicant shall have the burden of proof to establish that the license should receive a favorable recommendation for renewal. If the city council finds that the applicant has not made substantial progress in correcting the conditions which resulted in the letter of warning, then the city council may make an unfavorable recommendation to OLCC without further public hearing. (Ord. 8-2021 § 1; Ord. 7-2010 § 1 (Exh. A))