Chapter 5.06
LIQUOR LICENSE APPLICATION REVIEW AND RECOMMENDATION
Sections:
5.06.020 Applicant requirements and forms.
5.06.030 Delegation of authority.
5.06.040 Review of applications.
5.06.070 Appeal by applicant(s).
5.06.090 Contents of public hearing notice.
5.06.100 Publication of public hearing notice.
5.06.101 Public hearing procedures.
5.06.010 Purpose.
The purpose of this chapter is to establish criteria for recommending to the Oregon Liquor Control Commission (OLCC) that it grant, grant with restrictions or deny any new application or renewal of a liquor license 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 or events are conducted in a lawful manner which does not unreasonably disturb the peace and tranquility of the city and its neighborhoods. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.020 Applicant requirements and forms.
OLCC requires each liquor license applicant to provide the local government written notice of the filing of the application. The written notice shall consist of the forms provided by the OLCC for the application process, including a copy of the liquor license application, an individual history form for each person named on the license application and a business information form. The chief of police may require additional information appropriate for conducting the investigation required for city recommendations. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.030 Delegation of authority.
The OLCC allows a local government a specific period of time to provide a written recommendation, with an extension granted under certain circumstances. In order to expedite service to license applicants and the citizens of the city, the council, as the governing body of the city, hereby delegates to the chief of police its authority to make liquor license application recommendations to the OLCC. Any responsibility delegated to the chief of police by this chapter may also be performed by the designee of the chief of police. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.040 Review of applications.
The chief of police will review applications for OLCC liquor licenses only when the following conditions are met:
A. All required OLCC forms are properly completed and in order.
B. The applicant has provided any relevant additional information the city requests to determine the qualifications of the applicant.
C. The applicant has obtained a city business license (if required).
D. The processing fee established by council as part of the master fee schedule has been paid. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.050 Investigation.
A. The chief of police shall coordinate an investigation of each applicant or applicants to determine the appropriate recommendation to the OLCC. The chief of police may provide a copy of each application to the appropriate city department(s) for investigation and report.
B. The chief of police, or designee authorized to access Oregon State Police (OSP) criminal offender information through the Law Enforcement Data System (LEDS) in accordance with ORS 181A.230 and OAR 257-10-025, may investigate applicants to determine suitability for an OLCC license. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.060 Recommendation.
A. Applicant Qualifications. The chief of police may make a recommendation to the OLCC to grant, grant with restrictions or deny the liquor license or renewal application based on whether the applicant:
1. Is in the habit of using alcoholic beverages, habit-forming drugs or controlled substances to excess;
2. Has made false statements to the city or OLCC in connection with the application;
3. Is incompetent or physically unable to carry out the management of the establishment or event proposed to be licensed or permitted;
4. Has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license;
5. Has maintained an unsanitary establishment or not maintained the premises in accordance with the building code and fire and life safety code of the city and/or the state;
6. Is not of good repute and moral character;
7. Does not have a good record of compliance with the alcoholic liquor laws of this state and the rules of OLCC when previously licensed;
8. Is not the legitimate owner of the business proposed to be licensed, and other persons have ownership interests in the business that have not been disclosed;
9. Seeks licensing of premises not consistent with city land use designations;
10. Has demonstrated an unwillingness or inability to cooperate with the city or neighbors to resolve driving under the influence of liquor concerns or community disputes related to a licensed establishment;
11. Creates any other specific reason consistent with the purposes of these provisions that the chief of police concludes warrant a recommendation for denial of or restrictions on the liquor license based upon public health, safety, welfare, convenience, or necessity; or
12. Does not comply with the applicable provisions of OAR Chapter 845, Division 5.
B. Other. In addition, the chief of police may make a recommendation to deny or grant the license with restrictions to the OLCC on any new application or renewal based on the following criteria:
1. Any history of alcohol-related problems at the proposed location or any other location licensed by the applicant during the two years preceding the application or whether the applicant has had a license canceled or renewal refused because of problems with disturbances, unlawful activities or noise. These problems must have occurred on the licensed premises or be caused by patrons in the immediate vicinity of the licensed premises and include, but are not limited to, lewd or unlawful activities, excessive or intrusive noise, including music or sound vibrations, public drunkenness, fights, altercations, harassment, unlawful drug sales, alcohol-related litter, trespassing on private property and public urination.
2. The licensed premises will be located in an area that has a history of serious or persistent problems with unlawful activities (whether alcohol related or not). The applicant may overcome negative history by demonstrating a willingness and ability to adequately control the premises proposed to be licensed and patrons’ behavior in the immediate vicinity of the premises which is related to the licensee’s sale or service of alcohol under the licensee’s exercise of the license privilege.
C. Any recommendation to the OLCC by the chief of police must be supported by reliable factual information and not be based on opinion, hearsay, feelings, beliefs or speculation. Reliable information may include (but not be limited to) personal observations of activities in or around the proposed licensed locations. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.070 Appeal by applicant(s).
Any applicant(s) who receive(s) a recommendation from the police chief to deny or grant the license with restrictions may appeal the matter to the city council within 45 days of receiving a letter of authority to continue to operate on a temporary basis during the OLCC investigation.
The applicant shall provide to the city a written request for appeal along with a copy of the OLCC letter of authority. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.080 Public hearing.
The city council shall hold a public hearing to allow all interested parties a reasonable opportunity to be heard. The city council shall notify the OLCC of the date of the hearing. The hearing should be scheduled so that the findings and/or modified recommendation, if applicable, may be filed with the OLCC within the time limit set by the OLCC letter of authority, to the extent the council’s agenda allows. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.090 Contents of public hearing notice.
Notice of the public hearing must be given to the applicant(s) either personally or by certified mail postmarked no 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 chief of police together with all supporting reports and documents allowed by law;
C. A statement that information about procedures and rights of parties may be obtained from the chief of police. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.100 Publication of public hearing notice.1
The city shall publish in a newspaper of general circulation within the city a notice at least 10 days prior to the hearing specifying a time, date and location of the public hearing and business name and address of applicant(s). The notice shall inform the public that testimony may be given for or against the application. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
5.06.101 Public hearing procedures.
The public hearing before the city council is held as follows:
A. The applicant and the chief of police 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 the chief of police, unless the city council decides to hear additional evidence.
C. After all relevant evidence has been considered, the city council shall make findings of fact and a determination whether to modify the original recommendation. The findings of fact and determination will be forwarded to the OLCC within 15 days of the final hearing. The recommendation shall be based on substantial evidence relative to the Newberg Municipal Code criteria and shall be final. [Ord. 2814 § 2 (Exh. A), 2-21-17.]
Code reviser’s note: Ord. 2814 sets this section out as 5.06.110. It has been editorially renumbered to preserve the proper order.