Chapter 5.25 LIQUOR LICENSE REVIEW

Chapter 5.25
LIQUOR LICENSE REVIEW

Sections:

5.25.010 Incorporation of State statute.

Any reference to a State statute incorporated into this chapter refers to the statute in effect on the date on which this chapter is enacted. (Ord. 1180, § 1, Dec. 3, 2002. Code 1983 § 68A.110.)

5.25.020 Application process.

(1) Procedure. Any person, firm or corporation requesting a liquor license or a modification of renewal of an existing license through the Oregon Liquor Control Commission (O.L.C.C.) for an establishment in the City of Monmouth shall present the completed license application forms prescribed by O.L.C.C. to the City Recorder.

(2) Additional Information. An O.L.C.C. personal history form shall be completed for each person named on the license application.

(3) Completed Applications. Liquor license application forms shall be accepted only when all required forms are properly completed, the requested information is submitted, and the required application fee, as set forth in the resolution adopted pursuant to MCC 5.25.030, has been paid. (Ord. 1180, § 1, Dec. 3, 2002; amended by Ord. 1326, § 1, August 20, 2013. Code 1983 § 68A.140.)

5.25.030 Fees.

(1) Application. The City Recorder shall charge and collect a license investigation fee at the time an application for a new liquor license or modification of a liquor license is filed.

(2) Renewal. The City Recorder shall charge a license renewal fee at the time an application for the annual renewal of an existing liquor license is filed.

(3) The fees for such services shall be established by resolution of the City Council. (Ord. 1180, § 1, Dec. 3, 2002; amended by Ord. 1274, § 1, June 2, 2009. Code 1983 § 68A.150.)

5.25.040 City Recorder duties.

(1) Upon receipt of an application for a new liquor license or modification of a liquor license, the City Recorder shall:

(a) Refer the application to the City Planner who shall determine if the location of the licensee’s business complies with the City’s zoning regulations.

(b) Refer the application to the Monmouth Police Department for completion of a background investigation.

(d) Endorse the application, if approved by the City Council.

(2) Upon receipt of an application for renewal of an existing liquor license or notice from O.L.C.C. of the annual renewal of an existing liquor license, the City Recorder shall refer the application to the Monmouth Police Department for an investigation of the renewal. If the Monmouth Police Department determines that the license should not be renewed the City Recorder shall forward the recommendation to the City Council for hearing and determination under MCC 5.25.050. (Ord. 1180, § 1, Dec. 3, 2002; amended by Ord. 1274, § 2, June 2, 2009. Code 1983 § 68A.160.)

5.25.050 Hearing and notice procedures.

(1) Council Consideration. If the City Recorder determines that the applicant for a new liquor license or modification of a liquor license has complied with the City’s zoning regulations, and the Police Department background investigation has been completed, the matter will be placed on the next regular City Council agenda for action. If the City Recorder cannot make any of the above listed determinations, the Recorder shall report such to the City Council. The Council may then schedule a public hearing and give notice as provided below.

(2) Applicant Notice. Before the City Council recommends denial of an application for a new liquor license, a modification, or renewal, or revocation of an existing license or denial of an existing application, it shall schedule a public hearing, and notice of the public hearing shall be given to the applicant, either personally or by certified mail, no later than 10 days prior to the hearing. The notice shall contain:

(a) A statement of the time and place of the hearing;

(b) A statement from the City Recorder as to the tentative findings made by the Council;

(3) Public Notice. The City Recorder shall, in the case of a recommendation for denial of a new application or modification of a license, nonrenewal, or revocation of an existing license, publish a notice of public hearing before the City Council at its next meeting, once in a local newspaper of general circulation at least 10 days prior to the date of the hearing. The notice shall specify the date, time and location of the hearing, and the business name and address of the applicant. The notice shall also inform the public that written or oral testimony may be presented either for or against the application.

(4) Grounds for Denial of Application. The City Council may recommend denial of a new application or modification of a license, nonrenewal, or revocation of a license if:

(a) The application is incomplete.

(b) The applicant neglects or refuses to provide, in a timely manner, any information that is reasonably requested.

(d) The location of the applicant’s business does not comply with the City’s zoning regulations.

(e) Any reason for which an unfavorable recommendation may be made under State law, which in the sole opinion of the City Council warrants an adverse recommendation, including, but not limited to, information set forth in the Police Department report.

(5) Recommendation and Findings. If the City Council recommends approval, it shall make a general finding that the applicant meets all the criteria of this chapter. If the City Council recommends denial, nonrenewal, or revocation, or denial of a modification, it shall include the specific finding(s), based on the criteria of this chapter in support of its action. In either event, a copy of the City Council’s minutes reflecting the reasons for the recommendation shall accompany the City’s recommendation to the O.L.C.C. (Ord, 1180, § 1, Dec. 3, 2002; amended by Ord. 1274, § 3, June 2, 2009. Code 1983 § 68A.170.)