The purpose of this chapter is to establish criteria for council consideration in recommending to the Oregon Liquor Control Commission (OLCC) that it grant, deny, modify or renew liquor licenses for premises within the city. The process established to review license applicants in order to make recommendations will be fair, effective and efficient. These sections are necessary to ensure that premises licensed to sell or dispense liquor meet community expectations and that such businesses are conducted in a lawful manner that does not unreasonably disturb the peace and tranquility of this city and its neighborhoods.
(Ord. 572 § 1, 1989)
The city shall accept applications for regular OLCC liquor licenses only when the following conditions are met:
A. 
All required forms are properly completed and in order; and
B. 
The appropriate processing fee established by council resolution has been paid.
(Ord. 572 § 2, 1989)
The city manager shall coordinate an investigation of each application to determine the appropriate city recommendation to the OLCC. The city manager may require additional information as appropriate for conducting the investigation required for such city recommendation. The city manager shall provide a copy of each application to the appropriate city department for investigation and report. Reports from such departments shall be included in each staff recommendation to the council.
(Ord. 572 § 3, 1989)
The city manager is authorized to approve applications for temporary OLCC licenses such as special events, special beer and special wine licenses. Such applications may be processed administratively after the fee established by council has been paid. The city manager may make an unfavorable recommendation to the OLCC if the city manager finds any of the criteria in PMC § 5.25.070 applies to the applicant. Either the applicant or city manager may refer an application to the city council for a recommendation.
(Ord. 572 § 4, 1989; Ord. 744 § 1, 2007)
If the city manager recommends approval of an application, the matter will be scheduled as a council agenda item unless a council member requests a public hearing. Upon request of a council member or an adverse recommendation by the city manager, a public hearing will be scheduled and notice given pursuant to PMC § 5.25.090.
(Ord. 572 § 5, 1989; Ord. 744 § 2, 2007)
In the event that a public hearing is required, such public hearing will be scheduled and notice given pursuant to PMC § 5.25.090.
A. 
The city, the applicant and any interested parties shall have the right to present evidence and witnesses. The mayor and council members may ask questions of any witness.
B. 
The city, the applicant or any other affected party may be represented by legal counsel at their own expense.
C. 
After due consideration of the evidence and testimony presented to it, the common council shall make its recommendation. The recommendation shall be based on substantial evidence relative to the criteria in this chapter and shall be final. Findings shall be produced and forwarded to the OLCC along with the council's recommendation.
(Ord. 572 § 6, 1989; Ord. 744 § 3, 2007)
The council may make an unfavorable or conditionally favorable recommendation to the OLCC on an application if any of the following apply or a favorable recommendation if none of the following apply:
A. 
The applicant has a record of violations of state alcoholic liquor law;
B. 
The applicant has a record of use of controlled substances or excessive use of alcoholic beverages;
C. 
The applicant has a record of violations of criminal law or ordinances connected in time, place and manner with a liquor establishment or which demonstrate a disregard for law;
D. 
The applicant has maintained or allowed to exist an establishment which creates or is a public nuisance, or other violation of the city ordinances or federal or state law, which causes, permits or suffers disorderly or violent acts, litter, noise, vandalism, vehicular or pedestrian traffic congestion, or other locational problems, in the proximity of such establishment;
E. 
The applicant has not maintained the premises in accordance with the building, fire and life safety codes of the city and the state;
F. 
The applicant seeks licensing of premises which would not be consistent with city land use designations;
G. 
The applicant 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; or
H. 
There is any other specific reason consistent with the purposes of these provisions which the city council concludes warrants an adverse recommendation to the OLCC based upon public health, safety, welfare, convenience or necessity.
(Ord. 572 § 7, 1989)
If the council finds that any of the criteria established by PMC § 5.25.070 apply to an applicant, it may make a conditionally favorable recommendation with a letter of warning. The city manager shall deliver to the applicant in person or by certified mail a summary of the reports relating to the application and a notice to correct the problems cited. A copy of this notice and summary shall be sent to the OLCC. During the following license period, the city manager shall monitor the progress of the applicant in correcting such problems and report to the council. At the time of the next license renewal, the applicant shall have the burden of proof to establish that the license should receive a favorable recommendation for renewal. If the council finds that the applicant has not made sufficient progress in correcting the conditions which resulted in the letter of warning, then the council may make an unfavorable recommendation to the OLCC without further public hearing.
(Ord. 572 § 8, 1989)
In the event that a public hearing is scheduled, the city shall publish in a newspaper of general circulation in the city a notice specifying a time, date and location of the hearing and business name and address of the applicant. The notice shall inform the public that testimony may be given for or against the application.
Notice of the public hearing shall be given to the applicant either personally or by certified mail postmarked not 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 manager of the matter(s) asserted or charged supporting the adverse recommendation or stating why the hearing was requested;
C. 
A statement that the applicant may be represented by legal counsel at the hearing, but legal counsel shall not be provided at public expense; and
D. 
A statement that if the applicant desires to participate in the hearing, the city manager must receive notice in writing no later than five working days prior to the hearing.
(Ord. 572 § 9, 1989; Ord. 744 § 4, 2007)
A. 
A person may apply to the chief of police for a permit to allow the dispensing or consuming, or both, of alcoholic liquor in a public place without screening. The person shall provide a map or drawing of the proposed area dispensing or consuming would take place, clearly showing the location and its relationship to neighboring properties. The chief of police may issue the permit, deny the permit, or issue the permit upon certain conditions, taking into account the nature and history of the establishment seeking the permit, the nature of neighboring properties, and other factors relevant to the public peace, safety, health and welfare.
B. 
An applicant for a permit dissatisfied with the decision of the chief of police may appeal that decision to the city council by filing with the city recorder a statement of appeal setting out concisely the reasons the applicant believes screening would not be appropriate. The appeal must be filed no more than five business days after the decision of the chief of police. The decision of the city council shall be final.
(Ord. 814 § 2, 2016)