The Commission finds:
A. That
ORS 471.210 and the administrative rules of the Oregon Liquor Control
Commission authorize the Commission to make recommendations to the
Oregon Liquor Control Commission concerning the issuance of liquor
license for premises located within the City.
B. That,
in consideration of the neighborhood and community impact that the
presence and location of establishments selling alcoholic beverages
may present, the Commission should ensure that an application review
and recommendation process is developed and maintained in order that
the City's recommendations, as to those persons that should not be
so licensed, and those locations that should not be so approved or
renewed, are fairly determined and promptly forwarded for OLCC consideration.
C. That
a formalized process be utilized to ensure that such recommendations
be determined in an orderly and efficient manner.
(Ord. 776-A § 1, 1985; Ord. 777-A , 1985)
The purpose of this chapter is to establish the principal criteria
which shall be considered by the Commission in making recommendations
to the Oregon Liquor Control Commission concerning the granting, denying,
modifying or renewing of all liquor licenses for premises within the
City limits. This chapter establishes a process to be utilized for
the investigation of such license applicants for the purpose of making
such recommendation that is fair, effective and efficient. This chapter
is necessary to ensure that all premises licensed to sell or dispense
liquor in any form meet the high expectations of this community that
all such businesses are conducted in a lawful manner that does not
unreasonably disturb the peace and tranquility of this City and its
neighborhoods.
(Ord. 776-A § 2, 1985; Ord. 777-A , 1985)
A. Any
applicant for any license who is required by the Oregon Liquor Control
Commission (OLCC) to have a recommendation from the City concerning
the suitability of such application shall present the license application
forms prescribed by the OLCC to the City for the purpose of obtaining
the recommendation of the City concerning such license. In this chapter,
the term "application" includes any renewal of, or change in, an existing
license.
B. For
the purpose of conducting the investigation to ascertain pertinent
information bearing upon such City recommendation, the City Manager
may require such other information in addition to that provided upon
the OLCC application forms as he or she deems appropriate.
C. The
City Manager shall accept liquor license applications only when the
following conditions are met:
1. All
required forms are properly completed and in order; and
2. Commencing
in January of 1986, the processing fee, as allowed by the Oregon Revised
Statutes, has been paid.
(Ord. 776-A § 3, 1985; Ord. 777-A , 1985)
The City Manager shall coordinate and conduct an investigation
of each application for the purpose of determining what recommendation
shall be made by the City to the OLCC. The City Manager shall provide
a copy of all applications to the Warrenton Police Department in order
that the Police Department will investigate and report on each application;
reports of the Police Department shall be made a part of such recommendation.
(Ord. 776-A § 4, 1985; Ord. 777-A , 1985)
A. The
City Manager shall make a favorable recommendation on an application
filed unless one of these conditions is present:
1. The
application is for a new outlet; or
2. The
application is for a new location; or
3. The
application is for an increase in liquor selling or dispensing privilege;
or
4. The
application is opposed by residents or property owners within 200
feet of the licensed location; or
5. The report of the Police Department indicates that one or more of the factors in Section
5.08.060(C) may exist.
B. The
City Manager shall make an unfavorable recommendation under the following
conditions:
1. The
application is incomplete;
2. The
applicant neglects or refuses to provide, in a timely manner, manner,
any information reasonably requested by the City Manager, the Warrenton
Police Department, or the City Commission;
3. The
applicant provides false or misleading information to the City Manager,
Police Department, or City Commission;
4. The
location for which application is made is not properly zoned for the
proposed licensed outlet.
(Ord. 776-A § 5, 1985; Ord. 777-A , 1985)
A. In those application cases in which one of the conditions of Section
5.08.050(A) is present, the City shall, in addition to carrying out its investigation pursuant to Section
5.08.040:
1. Notify
property owners within 200 feet of the proposed licensed outlet;
2. City
staff shall place the application on the Commission calendar with
a recommendation to Commission no sooner than 10 days after mailing
such letter of notification.
B. When
the issuance of a license or the renewal of an existing license has
been opposed in writing by the owners or occupants of property within
200 feet of the location, the City may place the license hearing on
the Commission calendar not sooner than 10 days after mailing notification
of such hearing to the objecting citizens and the licensee.
C. The
City Manager may make a recommendation to the Commission to grant,
to grant with conditions, to not grant unless applicant demonstrates
a commitment to overcome concerns, to deny based upon concerns, or
to make no recommendation.
The recommendations to grant with conditions, to not grant unless
applicant demonstrates a commitment to overcome concerns, or to deny
shall be based on the "concerns or problems" contained in OLCC form
84545-173, dated 12/19/88, entitled "Local Government Input for OLCC
License Investigation," which by this reference is incorporated herein.
Such concerns or problems are as follows:
1. The
record of the applicant shows a violation(s) of criminal law(s) connected
in time, place and manner with a liquor establishment or which demonstrate
a disregard for law.
2. The
applicant has maintained, or allowed to exist, an establishment which
creates or is a public nuisance under the ordinances of the City or
laws of the state or in which any violation of the provisions of the
City code, or federal or state law relating to minors, gambling, controlled
substances, prostitution or alcoholic beverages, or Chapters 163,
164, 165 and 166 of Oregon Revised Statutes have occurred, or which
creates an increase in disorderly or violent acts, litter, noise,
vandalism, vehicular or pedestrian traffic congestion, or other locational
problems, in the reasonable proximity of such premises.
3. The
applicant has allowed, on the premises any person, in public view,
to engage in or simulate any act of sexual intercourse, sodomy, masturbation
or sexual stimulation by massage or other stimulation of the genital
area of the body.
4. The
applicant's premises are not maintained in reasonable repair, both
interior and exterior, and kept clean and free of litter, rubbish,
and dirt.
5. In
the case of an application for a new license or for an increase in
liquor selling or dispensing privilege, there are sufficient license
premises in the locality set out in the application, and the license
is not demanded by public interest or convenience.
6. The
licensing of the premises would not be in the best interests of the
community because of a history of illegal activities, altercations,
noisy conduct, or other disturbances in or around the premises.
7. The
applicant has demonstrated an unwillingness or inability to cooperate
with City agencies and/or neighbors in resolving community disputes
related to a licensed establishment.
8. There
is any other specific reason consistent with the purposes of this
chapter which may in the opinion of the City Manager or the Chief
of Police warrant an adverse report to the Commission based upon public
health, safety, welfare, convenience or necessity.
9. A
Dispenser Class A applicant is not open for meal service to the general
public, including minors, for at least two of the three meal periods—breakfast,
lunch or dinner—until at least 8:00 p.m., on days when the applicant
is otherwise open for business.
D. Before
the Commission hears any liquor license application, the applicant
shall be notified by the City Manager of the time, date, and place
of hearing, of the nature of the recommendations made to the Commission
of the right to reasonable opportunity to be heard at the Commission
meeting and of the contents of this chapter with regard to procedures
and criteria. Where a recommendation is not favorable, it shall be
the responsibility of the City Manager to inform the applicant as
to the reasons for the recommendation and to advise the applicant
as to the procedures for gaining access to any reports which may be
a part of such recommendation.
(Ord. 776-A § 6, 1985; Ord. 777-A , 1985; Ord. 832-A , 1989; Ord. 850-A , 1989)
In those cases in which the Commission has scheduled a hearing
on any liquor license application, such applicant shall be given a
reasonable opportunity to be heard and address concerns raised by
City Manager or police, members of the Commission, and persons or
groups appearing in opposition to such application. The Commission's
favorable or unfavorable recommendation on such application, based
upon a determination of what course of action best serves the interests
of the citizens of the City, shall be final.
(Ord. 776-A § 7, 1985; Ord. 777-A , 1985; Ord. 832-A , 1989)
After having made a recommendation other than favorable on any
license application, the City Manager and the Commission shall not
consider any new application for the same location by the same or
substantially the same applicant for a period of at least six months
or while such applicant has pending an appeal in court or in a state
administrative agency relating to such license. Notwithstanding, the
City Manager may reconsider and/or resubmit such an application to
the Commission in less than six months if he or she reasonably believes
that the conditions which caused the Commission to make a recommendation
other than favorable have substantially changed, and no court or administrative
appeal of such license is pending.
(Ord. 776-A § 8, 1985; Ord. 777-A , 1985)
The fee the City shall charge, as authorized under ORS 471.210,
for a recommendation to the Oregon Liquor Control Commission for processing
of a license to manufacture, distribute, take order for and/or sell
alcoholic beverages and liquor, is hereby set at $25.00 to become
effective on the 1st day of July, 1980.
(Ord. 689-A § 1, 1980)