Except for special event liquor license applications processed in accordance with Roseburg Municipal Code Section 7.02.030, all applications submitted to the Oregon Liquor Control Commission (OLCC) for a license to sell alcoholic beverages within the City shall be submitted to the City Recorder for review by the City Council. Such application shall be accompanied by the fee set by Council resolution for the type of license sought.
(Ord. 2966 § 1 (part),
1996)
The City Recorder shall refer each application to appropriate
departments for review and comment prior to scheduling Council review
of the application.
(Ord. 2966 § 1 (part),
1996)
The City Recorder or department designated to review a license
application may require the applicant to supply additional information
as is necessary to make a recommendation to Council regarding endorsement
of the license.
(Ord. 2966 § 1 (part),
1996)
Upon completion of the review pursuant to Section 9.12.030, the City Recorder shall submit the application and a recommendation concerning endorsement to the Council for its consideration.
(Ord. 2966 § 1 (part),
1996)
A.
After hearing the City Recorder's report outlined in Subsection 9.12.040, if Council determines there is sufficient reason to consider recommending that OLCC deny a liquor license application, the Council shall direct the City Recorder to schedule a public hearing on the matter at the next available Council meeting and notify the applicant, and any known interested parties, of said hearing.
B.
Written
notice of the public hearing shall be provided to the applicant, and
any known interested parties, not less than 10 days prior to the hearing
advising the applicant of the time and place of the hearing and of
their right to be heard before the Council makes a final determination
on its recommendation to OLCC. A recommendation to deny an application
shall not be made by Council without providing the applicant an opportunity
to testify as to why the license should be granted.
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Editor's note(s)—Ord. No. 3453, § 1, adopted Jan. 11, 2016, changed the title of § 9.12.050 from Public hearing required—Notice thereof to read as herein set out.
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(Ord. 2966 § 1 (part),
1996; Ord. No. 3453, § 1, 1-11-2016)
The Council shall conduct a public hearing on the license application
at the time and place designated on the notice of public hearing.
The applicant, applicant's representative and all other interested
persons shall be given a reasonable opportunity to be heard. After
due consideration of all pertinent information and testimony, the
Council shall make its recommendation. The recommendation of the Council
shall be based upon the standards and criteria set forth in the following
Section.
(Ord. 2966 § 1 (part),
1996)
A.
General
Criteria. The criteria used by the City for recommending the denial,
issuance, maintenance and/or renewal of OLCC licenses shall be current
state statutes and regulations, the criteria in this Chapter and the
general ordinances of the City.
B.
The
Council may also refuse to recommend approval if it determines that
public opinion weighs against the issuance of a license. Such public
opinion will be evaluated in light of the reasons expressed and the
extent to which the persons expressing it are likely to be affected
by the issuance of the license. Greater weight will be given to opinions
of persons residing, working or owning businesses within a one-mile
radius of the proposed premises. The number of persons expressing
support or opposition will not, in and of itself, be controlling.
C.
A finding
that one or more of the criteria in this Section is not met shall
be grounds for a Council recommendation of denial unless the applicant
can demonstrate that good cause exists for the Council to find to
the contrary.
D.
Off-Premises License. In addition to the criteria in the above Subsections A and B, the following special standards and criteria shall apply to applications for off-premises liquor licenses within the City:
1.
A
history of sale of alcoholic liquor to any person who is visibly intoxicated
as shown by police reports and/or testimony of persons residing, working
or owning a business in the neighborhood; or
2.
An
unreasonable number of detoxification holds by the City Police Department
from the area around the store premises
(Ord. 2966 § 1 (part),
1996; Ord. No. 3552, § 2, 3-8-2021)
