Chapter 5.20
LIQUOR LICENSE REVIEW
Sections:
5.20.010 Title, purpose and authority.
5.20.030 Submission of license application and fees to city recorder.
5.20.040 Chief of police duties – Council consent or appeal hearing.
5.20.050 Hearing – Uniform administrative appeals ordinance.
5.20.060 Substantive criteria for the decision.
5.20.070 Reconsideration of applications.
5.20.010 Title, purpose and authority.
A. This chapter shall be known and may be cited as the “liquor license review ordinance” and may also be referred to herein as “this chapter.”
B. The purpose of this chapter is to establish the substantive criteria which shall be considered by the city council, and its designee(s), including the chief of police, in making recommendations to the Oregon Liquor Control Commission (OLCC) concerning the granting, denying, modifying, changing, conditioning or renewing of all liquor licenses for premises within the city limits. Further, the purpose of this chapter includes the establishment of fees and the establishment of a process for investigation, and, if necessary, the conduct of a due process hearing concerning such license applications.
C. The procedure and criteria in this chapter, together with the establishment of processing fees herein, is specifically authorized by ORS 471.166(8). (Ord. 2013-05 § 1)
5.20.020 Definitions.
A. “Applicant” means the person, persons, corporation or entity submitting an application for a liquor license.
B. “Application” means the written forms provided by the Oregon Liquor Control Commission that serve as a written request to the city to grant, modify, or renew a liquor license.
C. “City” means the city of Lincoln City, Oregon.
D. “City council” means the city council for the city of Lincoln City, or council’s designee.
E. “Chief of police” means the person holding the position of chief of police for the city of Lincoln City or any officer or employee of the city of Lincoln City delegated or assigned (in writing) any or all of the tasks of the chief of police described herein.
F. “City recorder” means the person holding the position of city recorder or any officer or employee of the city of Lincoln City delegated or assigned in writing any or all of the tasks of the city recorder described herein.
G. “Commission” or “OLCC” means the Oregon Liquor Control Commission.
H. “Temporary sales license (TSL)” means a license obtained from the commission that gives a successful applicant authority to sell alcoholic beverages on premises that the commission has not otherwise licensed, and for which a recommendation by the city must be obtained. (Ord. 2013-05 § 1)
5.20.030 Submission of license application and fees to city recorder.
A. Any person, corporation or entity requesting a liquor license through the OLCC shall present the completed license application forms prescribed by OLCC and all other supportive materials identified in this chapter to the city recorder.
B. An OLCC personal history form shall be completed by the applicant for each person named on the license application. A signed release for a criminal background investigation to address the criteria in ORS 471.313(4) shall be submitted by all applicants.
C. A mandatory processing fee shall be submitted with the application. The fee shall be periodically established by resolution of the city council, except that the initial fee shall be $100.00 for an original application, $75.00 for a change in ownership, change in location or change in privilege application, and $35.00 for a renewal or temporary application. Such fees shall not exceed the maximum fees established in ORS 471.166(8).
D. The city recorder shall accept liquor license applications only when the following conditions are met:
1. An applicant provides legible completed copies of the required applicable forms, including, but not limited to, liquor license application form, temporary sales application (TSL) form, individual history forms, background check form, and business information form.
2. The applicant submits a valid city of Lincoln City business license, when applicable.
3. The application is complete.
4. The applicant has provided any relevant additional information the city recorder requests to determine the qualifications of the applicant.
5. The application is accompanied by the appropriate fees, as established by subsection (C) of this section or subsequent resolution. There is no provision for waiver of an application fee, including TSL fees, regardless of the applicant.
E. If the city recorder finds the application package complete, the application shall be forwarded to the chief of police. The city recorder shall also request that the planning department determine and forward to the chief of police competent evidence concerning whether the location of the licensee’ s business complies with all applicable city land use requirements. If the application package is found not to be complete the city recorder shall notify the applicant of the deficiencies in writing. The city recorder shall take no action on an incomplete application; if the application is not completed within 30 days of the city recorder’s notice of deficiencies, the application shall be returned to the applicant. The applicant may require, upon written request to the city recorder, that an application with missing information (except fees) be processed to decision. (Ord. 2013-05 § 1)
5.20.040 Chief of police recommendation – Appeal.
A. The city council hereby delegates to the chief of police the ability to process all OLCC liquor license applications or requests, and further delegates to the chief of police the authority to make a city recommendation on such applications; provided, that the recommendation shall be placed on the city council consent agenda for review by council. Notwithstanding the above, if the chief of police’s recommendation on a TSL is favorable, the chief’s recommendation is the final recommendation of the city and the matter need not be placed on the council’s consent agenda. In the case of an unfavorable recommendation, or recommended restrictions or conditions otherwise adverse to the applicant, the appeal hearing procedures of this section and LCMC 5.20.050 shall be applicable, if properly initiated by the applicant.
B. Upon receipt of a complete application packet for any liquor license from the city recorder, the chief of police shall:
1. Coordinate and conduct an investigation, gather reliable evidence and write a report including written findings, concerning each application with due consideration of the valid grounds for unfavorable recommendations, specifically analyzing ORS 471.313(4) and (5) and implementing administrative rules. Based on this evidence and findings, the chief of police shall make a recommendation.
2. The chief of police may, at any time, require the applicant to supply additional information if such information is deemed necessary and relevant to the OLCC grounds for unfavorable recommendations.
3. Except as provided above for TSLs, if the chief of police recommendation is for approval, the recommendation shall be placed on the next available consent agenda of the city council for action. The city council may approve such recommendation or may remove the item from the consent agenda for discussion at the request of a council member, or a member of the public. The council, by majority vote, may require that the matter be scheduled for a hearing, before council or their designee, in accordance with the hearing requirements of the uniform administrative appeals ordinance.
4. If the chief of police recommendation is unfavorable, or the chief of police recommends restrictions or conditions otherwise adverse to the applicant, the applicant shall be notified in person or by mail of such unfavorable recommendation or restriction. The notification to the applicant by the chief of police of such unfavorable recommendation or restriction shall advise the applicant that they have the right to a de novo hearing on the matter before the city council, or the council’s designee, if such request for a hearing is timely filed in the office of the city manager within 10 calendar days of personal service, or 12 calendar days of mailing of the notice, in accordance with the uniform administrative appeals ordinance. If no request for a hearing is filed, the recommendation by the chief of police shall be scheduled for the council’s next available consent agenda.
5. After a recommendation is made by the city council, or their designee, the city recorder shall forward the recommendation and any necessary supporting documentation and evidence to the OLCC; the chief of police shall endorse, on behalf of the city, any forms required to forward the recommendation to the OLCC.
6. After final action on such applications the chief of police shall forward all documentation to the city recorder who shall maintain a record of all OLCC applications. (Ord. 2013-09 § 1; Ord. 2013-05 § 1)
5.20.050 Hearing – Uniform administrative appeals ordinance.
A. In the event the city council requests a hearing on an application which has been recommended for approval by the chief of police, the hearing shall be de novo and shall be scheduled before the city council or the council’s designee, and conducted in accordance with uniform administrative appeals ordinance hearing procedures (Chapter 1.26 LCMC).
B. In the event the applicant requests a hearing on an application which has an unfavorable recommendation or recommended restriction by the chief of police, the hearing shall be de novo and shall be scheduled before the city council or the council’s designee, and conducted in accordance with uniform administrative appeals ordinance hearing procedures (Chapter 1.26 LCMC).
C. Notwithstanding the appeal fee provisions of the uniform administrative appeals ordinance, there is no fee imposed for a hearing requested pursuant to subsection (A) or (B) of this section, other than the application fee specified in LCMC 5.20.030. All other appeal requirements of the uniform administrative appeal ordinance shall be observed. (Ord. 2013-05 § 1)
5.20.060 Substantive criteria for the decision.
The city council or the council’s designee may make an unfavorable recommendation to the commission if it finds sufficient basis for such a recommendation under Oregon liquor laws, including without limitation ORS 471.313(4) or 471.313(5), OAR 845-005-0320, 845-005-0325 or 845-005-0326, or the license restriction bases of OAR 845-005-0355, and such recommendation must be supported by reliable factual information. (Ord. 2013-05 § 1)
5.20.070 Reconsideration of applications.
A. After having made a recommendation other than favorable on any license application, the council shall not consider any new application for the same location by the same or substantially the same applicant for a period of at least three months, except as otherwise provided herein.
B. If the chief of police reasonably believes that the conditions which caused the council to make an unfavorable recommendation or impose restrictions adverse to the applicant have substantially changed, and no court or administrative appeal of such license is pending, then the chief of police may reconsider and/or resubmit such application to the council. (Ord. 2013-05 § 1)