Chapter 5.04
LIQUOR LICENSES
Sections:
5.04.002 Liquor license application notice and fees.
5.04.003 Liquor license application review process.
5.04.004 Time frames for recommendation.
5.04.005 Special event/temporary liquor license.
5.04.001 Purpose.
The purpose of this chapter is to implement guidelines allowing the city an opportunity to review and make written recommendations on liquor license applications before applications are considered by the Oregon Liquor Control Commission (OLCC). A new liquor or annual renewal liquor license application shall be processed in accordance with sections in Chapter 5.01 SHMC. Special event winery and/or grower licenses and temporary sales liquor licenses shall be processed in accordance with SHMC 5.04.005. (Ord. 3258, 2020)
5.04.002 Liquor license application notice and fees.
(1) Any person or business submitting an initial or renewal application for a liquor license with the OLCC shall also provide written notice of such application to the city.
(2) The notification shall consist of legible copy of the OLCC’s liquor license application form.
(3) Any person or business seeking an initial or renewal liquor license shall also complete the city’s commercial business license application.
(4) Any person or business seeking an initial or renewal liquor license shall pay the requisite associated fees, as established by the city council and listed in the city of St. Helens universal fee schedule. (Ord. 3258, 2020)
5.04.003 Liquor license application review process.
(1) Upon receipt of the written notice and fees required by SHMC 5.04.002, the city administrator or designee shall cause the liquor license application to be reviewed by the chief of police or designee and/or any other department manager, for the purpose of obtaining information necessary to make a recommendation.
(2) The chief of police or designee who is authorized to perform a criminal records check through a law enforcement data system (LEDS) is authorized to conduct a criminal and/or driver records check on the applicant or licensee requesting a liquor license in the city, including persons who are employees, volunteers, or agents of a holder of the liquor license.
(3) The chief of police or designee shall review the suitability of the liquor license application, including criminal and/or driver records, and make recommendation to the city council based on the findings.
(4) If the chief of police or designee finds no basis for an unfavorable recommendation, the matter shall be scheduled as a consent agenda item before the city council.
(5) If the chief of police or designee finds there are valid grounds to make an unfavorable recommendation, based on substantial evidence relevant to the license refusal basis as prescribed by state liquor laws (ORS Chapter 471), the matter shall be scheduled as a public hearing before the city council and notice to the applicant or licensee shall be given by registered mail, postmarked no later than seven business days prior to the public hearing at which the matter will be considered.
(6) The public hearing notice shall state the time and place of the hearing and reason(s) for making an unfavorable recommendation.
(7) Any person wishing to present testimony at the public hearing shall be given an opportunity to do so before the closing of the hearing.
(8) After due consideration of pertinent information and testimony, the city council shall make its recommendation.
(9) In case of an adverse recommendation, based on substantial evidence relevant to the license refusal basis as prescribed by state liquor laws, findings shall be produced and forwarded to the OLCC along with the city council recommendation. (Ord. 3258, 2020)
5.04.004 Time frames for recommendation.
(1) Within 45 days of receipt of the written notice by the city for a new liquor license, the city shall provide the OLCC with:
(a) A favorable recommendation;
(b) An unfavorable recommendation; or
(c) A request for additional time from the OLCC stating the reason needed for additional time, a statement that the city is considering making an unfavorable recommendation, and the specific grounds on which the city is considering making an unfavorable recommendation.
(2) Within 60 days of receipt of the written notice by the city for a renewal of a liquor license, the city shall provide the OLCC with:
(a) A favorable recommendation;
(b) An unfavorable recommendation; or
(c) A request for additional time from the OLCC stating the reason needed for additional time, a statement that the city is considering making an unfavorable recommendation, and the specific grounds on which the city is considering making an unfavorable recommendation. (Ord. 3258, 2020)
5.04.005 Special event/temporary liquor license.
(1) In order to expedite service to applicants or licensees seeking written recommendation for a special event or temporary sales liquor license, the city council delegates to the city administrator or designee its authority to review special event winery and/or grower permits and temporary sales liquor license applications and make recommendation to OLCC.
(2) The city’s special event and temporary sales liquor license rules, fees, and recommendations shall be as follows:
(a) The applicant or licensee shall pay prior to processing a special event permit or temporary sales liquor license application, an application fee, set in the maximum amount allowed by state law, and as specified by city council resolution. The city’s application processing fee shall be nonrefundable.
(b) The applicant or licensee must verify, if applicable, that he or she has obtained a valid city temporary business license for an event held in the city. Special events are subject to the provisions of Chapter 5.01 SHMC, Business Licenses.
(c) In case of an adverse recommendation, the city administrator or designee shall comply with the guidelines prescribed in SHMC 5.04.002 and 5.04.003.
(d) The city administrator or designee may refuse to accept any liquor license application if the applicant or licensee has not allowed at least seven days before the event date to obtain recommendation from the city and/or the liquor license application was not submitted in the form prescribed in SHMC 5.04.002.
(e) In case of refusal to accept a liquor license permit or application, the city administrator or designee shall prepare a written letter addressed to the OLCC stating the reason(s) for refusal or nonacceptance of the liquor license permit or application. (Ord. 3258, 2020)