Chapter 2.52
LIQUOR LICENSE REVIEW
Sections:
2.52.040 License applications.
2.52.050 City Administrator’s duties.
2.52.090 Standards and criteria.
2.52.100 Council recommendation to the Commission.
2.52.010 Purpose.
The purpose of this chapter is to provide review criteria and administrative procedures for the review of liquor licenses. The City Council may adopt reasonable time, place and manner regulations of the nuisance aspects of establishments that serve alcoholic beverages and make a recommendation to the Oregon Liquor Control Commission concerning the granting, denying, modifying or reviewing of all liquor license applications within the city.
Statutory Reference: ORS 71.210
History: Ord. 1077 §1, 1987; Ord. 1370 §1, 2006.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
2.52.020 Scope of provisions.
This chapter shall govern the procedures and criteria for consideration of liquor license applications and City Council or City Administrator recommendation to the Oregon Liquor Control Commission. The City Council will ultimately approve recommendations for new liquor licenses and changes of ownership/management for existing liquor licenses. The City Administrator will approve all other recommendations to the Commission, including recommendations for temporary use licenses and special event licenses.
Statutory Reference: ORS 471.210
History: Ord. 1077 §1, 1987; Ord. 1467 §1.1, 2016.
2.52.030 Definitions.
For the purposes of this chapter the words set out in this section shall mean:
(1) “City Administrator” means the City Administrator or designee.
(2) “Application” means the written request to the city to grant, modify or renew a liquor license.
(3) “Commission” means the Oregon Liquor Control Commission.
Statutory Reference: ORS 471.210
History: Ord. 1077 §1, 1987; Ord. 1370 §1, 2006; Ord. 1467 §1.2, 2016.
2.52.040 License applications.
(1) Any person or business requesting a City Council or City Administrator recommendation to the Commission, as applicable, on a liquor license application shall make application upon suitable forms furnished by the Oregon Liquor Control 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 of the applicant, with address;
(A) If a partnership, the names and addresses of all partners;
(B) If the business is a corporation, the name and address of the home office, and the name and address of the designated agent in the state;
(C) If a foreign corporation, the name and address of the local agent or representative who will be in charge of the business in the city;
(c) The address of the location where the business will be located in the city;
(d) The date of application;
(e) Any other relevant information the City Administrator deems necessary for review;
(f) The signature of the applicant or agent making the application.
(g) A signed release form authorizing the City to conduct a systems background check. The check may include, but need not be limited to, a nationwide criminal check, a driving record check and a review of any civil judgments involving the applicant. The release must be in substantially the same form as one on file with the City Administrator.
(2) At the time of submission of the application, the applicant shall be required to pay the following fees:
(a) Original application, one hundred dollars ($100);
(b) Change in ownership or management, seventy-five dollars ($75);
(c) Renewal, thirty-five dollars ($35).
Statutory Reference: ORS 471.210
History: Ord. 1077 §1, 1987, Ord. 1405, 2008; Ord. 1467 §1.3, 2016.
2.52.050 City Administrator’s duties.
(1) The City Administrator shall maintain a record of all applications. The City Administrator shall review all applications for the purpose of making a recommendation to the City Council or Commission, as applicable depending on the type of license. The review may include those subjects contained in this Chapter and the City Administrator may require the applicant to supply any relevant additional information to determine the qualifications of the applicant.
(2) The time frame for the City Administrator’s review is guided by the commission’s rules. Pursuant to those rules, if the city has not provided a written recommendation to the commission within the time frame, the commission will proceed as if the city has made a favorable recommendation. The relevant time frame is as follows:
(a) Beginning with the date of the application, the city will have forty-five (45) days to provide a written recommendation to the commission on the initial license application; unless
(b) Within forty-five (45) days of the application date, the city files a written request for an additional amount of time with the commission. Such a written request must state why the additional time is needed, must state that the city is considering making an unfavorable recommendation, and must state the specific grounds being considered toward an unfavorable recommendation. Valid grounds for an unfavorable recommendation are stated in GMC Section 2.2.090 (standards and criteria) and in OAR 845-005-0308(3). Such a written request gives the city an additional forty-five (45) days within which to render its recommendation on the license application.
(3) Upon completion of the review, the City Administrator shall make a recommendation to the City Council of any new or change in ownership/management applications or a direct recommendation to the Commission regarding any other type of liquor license application.
(a) If the City Administrator recommends approval of the new or change of ownership/management application, the recommendation will be placed on the City Council’s consent agenda at its next regularly scheduled meeting.
(A) If the City Council approves the recommendation, the City Administrator may notify the commission pursuant to Subsection (2)(a) of this Section.
(B) If the City Council denies the recommendation, the City Administrator shall notify the commission pursuant to Subsection (2)(b) of this Section as soon as is reasonably possible. A public hearing shall be scheduled and notice shall be given pursuant to GMC Section 2.52.070 (applicant notice).
(b) If the City Administrator recommends any course of action other than approval of the application, the City Administrator shall notify the commission pursuant to Subsection (2)(b) of this Section as soon as reasonably possible. A public hearing shall be scheduled and notice shall be given pursuant to GMC Section 2.52.070 (applicant notice).
Statutory Reference: ORS 471.210
History: Ord. 1077 §1, 1987; Ord. 1314 §§2-7, 2001; Ord. 1467 §§1.4-1.6, 2016.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
2.52.060 Public notice.
In the event that a public hearing is scheduled, the city, in addition to any regular City Council notice provisions, shall cause to be published in a newspaper of general circulation in the city a notice specifying the 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.
Statutory Reference: ORS 471.210
History: Ord. 1077 §1, 1987; Ord. 1370 §1, 2006.
2.52.070 Applicant notice.
If the City Administrator recommends any course of action other than approval of the application, written notice of the public hearing must be given to the applicant either personally or by registered or certified mail postmarked not later than ten (10) days prior to the hearing. The notice shall contain:
(1) A statement of the time and place of hearing.
(2) A statement from the City Administrator of the matter(s) asserted or charged supporting the adverse recommendation or stating why the hearing was requested.
(3) A statement that the applicant may be represented by legal counsel at the hearing, but legal counsel shall not be provided at public expense.
(4) A statement that if the applicant desires to participate in the hearing, the City Administrator must receive notice in writing, no later than five (5) working days prior to the hearing; and
(5) A statement that if participation is requested by the applicant, that a copy of this Chapter may be obtained at the City Administrator’s office.
Statutory Reference: ORS 471.210
History: Ord. 1077 §1, 1987; Ord. 1370 §1, 2006.
2.52.080 Hearing procedure.
(1) The hearing will be presided over by the Mayor or, in his or her absence, the president of the council.
(2) The city and the applicant shall have the right to present evidence and witnesses and shall have the right to cross examine witnesses presenting opposing testimony. The City Administrator shall present the evidence and witnesses for the city.
(3) The applicant may be represented by legal counsel, but legal counsel shall not be provided at public expense.
(4) The hearing shall be limited to production of evidence as alleged in the City Administrator’s recommendation, unless the City Council waives the rule.
(a) Admissibility of Evidence. Any relevant evidence on which responsible persons are accustomed to rely in the conduct of their serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state is admissible.
(b) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
Statutory Reference: ORS 471.210
History: Ord. 1077 §1, 1987; Ord. 1314 §§2-7, 2001; Ord. 1370 §1, 2006.
2.52.090 Standards and criteria.
The city shall make its recommendation for approval, denial or modification of the liquor license application based on the City Council’s evaluation of the relevant standards and criteria specified in OAR 845-005-0308.
Statutory Reference: ORS 471.210
History: Ord. 1077 §1, 1987; Ord. 1370 §1, 2006; Ord. 1467 §1.7, 2016.
2.52.100 Council recommendation to the Commission.
If a hearing is held before the City Council, after due consideration of all pertinent information and testimony, the City Council shall make its recommendation to the Commission. 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, the specific reasons for the recommendation shall be announced at the meeting and set out in the City Council’s minutes. A copy of the minutes shall be provided to the Commission.
Statutory Reference: ORS 471.210
History: Ord. 1077 §1, 1987; Ord. 1370 §1, 2006; Ord. 1467 §1.8, 2016.