Agenda - 01/22/1996 Workshopr
CITY COUNCIL WORKSHOP
Monday, January 22, 1996, 5:30 P.M.
Liquor License Renewals and Recommendations, policy direction.
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> Council Policy, Resolution 1037
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Negative Recommendations
No Recommendations
Special Conditions
Impact Area
Question?
Does the council wish to change, add or develop liquor license criteria?
If so, what would the council want to consider and how would the council
want this policy applied?
COUNCIL Bill NO. /J'2 ~
RESOLUTION NO. J 03 7
a RESOLUTION ADOPTING POliCY GUIDELINES AND PROCEDURES REGARDING
LIQUOR LICENSE RECOMMENDATIONS BY THE CITY COUNCIL
WHEREAS, the City of Woodbum is required to recommend liquor license
renewals per ORS 471.210, 471.21 3; and
WHEREAS, a defined policy on said liquor license applications will ensure
equitable and consistent treatment of liquor license applications; and
WHEREAS, the adoption of said liquor license policy will protect the interest
of the general public and provide consistent direction to staff in the processing of said
applications, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That the "Policy on liquor license Recommendations" is hereby adopted
by the City Council, a copy of which is attached for reference.
Approved as to form
City Attorney Date
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Deputy Recorder
City of Woodburn, Oregon
FRED W. KYSER, MAYOR
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
CITY OF WOODBURN
POLICY ON LIQUOR LICENSE RECOMMENDATIONS
AUTHORITY:
Review of liquor license application pursuant to ORS 471.210, 471.21 3
OBJECTIVE:
Approval of the recommendations of this report will establish as Council policy that a
specific number of liquor-related complaints will cause an automatic denial of a liquor
license renewal application.
BACKGROUND:
During the 1990 renewal period, the staff developed a definitive criteria to be used in
making license renewal recommendations. All liquor licenses are renewed annually
between January and March.
STANDARDS:
Oregon law provides criteria to be used by OLCC for license refusal which can be
adapted into criteria for police department recommendations. The specific offenses are:
Fights or assaults
liquor law violations by the licensee or their employees
Excessive or obtrusive noise
Illegal drug use or sales on the premises
Trespass on private property
Public Drunkenness
Failure of the licensee to take appropriate action to prevent or control problems
caused by patrons on the premises or within the local vicinity.
GUIDELINES
1. A recommendation to deny the renewal application will be made when there are
persistent problems involving the types of police calls listed above related to the
sales or service of alcohol.
The police department will automatically recommend denial of a renewal application
when there is a record of ten arrests, in the prior 12 months, of employees or
patrons of the licensed business for unlawful activities related to the sale or service
of alcohol under the license either on the premises or in the immediate vicinity.
o
Actions by the licensee which might tend to mitigate the problems should be
considered by the City Council Examples of mitigating actions are seeking and
following recommendations by the OLCC,-neighbors, or police, and increased
security measures.
The recommendation by the police department is only one component of the
liquor license recommendation process. Community input is a significant factor
in a complete review of applications by the Council.
Prior to the annual renewal period, city staff will provide a general notice to the
public.
Page 2 Policy on Liquor License Recommendations
ALCOftOLIC LIQUORS GENERALLY 471.297
license may be issued
for any special aucl. hm,
idcnic, convention,
Fair, civic or community
enterprise or business
promotion on a licensed
premises at ..................................... S 10 per da3
Spedal events winery
license may be
issued to a
winery licensee at .................... S 10 per day
Bed and breakfast
license ............................. S 5 per guest uniL
Brewery-Public Ihmse,
including Certificate
of Approval ........................... S250 $ t,000
Grower's sales privilege
ticensc ......................................S250 S 1,000
Special events grower's
sales privilege
Agent ............................... S125 [br five years
Salesperson .............................. S 25 kn' five years
Winery Salesperson ....................... S 35 kn' live years
[Amended by 1955 c657 §9; 1957 c.lll §2; 1965 c2~0 §3;
1967 c.2,~: §1; 1967 c.44,~ §1; 197l c.470 §1; 1973 c,ql3 §1;
1973 c.395 §5; t975 c.494 §3; 1979 c.264 §7; 19si c59~ §1;
19'~5 c.360 §1; 1995 c.591 §2; t985 c.628 §3; 19~5 c649 §2;
19~9 c l%q §4; 19~¢9 c553 §2; 19S9 c.740 §31
471.295 Grounds for refusing to issue
license. The commission may refuse to li-
cense any applicant if it has reasonable
ground to believe any of the following to be
true:
(1) That there are sufficient licensed
premises in the locality set out in the appli-
cation, or that the granting of a license in
the locality set out in the application is not
demanded by public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at retail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection xvith, or is a man-
ufacturer of, or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to the
commission.
(c) Is not a citizen of the United States,
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
(d) Has been convicted of violating any
of the alcoholic liquor laws of this state,
general or local, or has been convicted at
any time of a felony.
(e) Has maintained an insanitary estab-
lishment.
15'- O
(fl Is not of good repute and moral char-
acter.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of ~he commission.
(5) That there is a history of serious and
persistent problems involving disturbances,
le;vd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the i~mmediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol,
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations;
public drunkenness: fights; altercations;
harassment; unlawful drug sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history, by showing that the
problems are not serious or persistent or that
the applicant demonstrates a willingness and
ability to control adequately the premises
proposed to be licensed and patrons' behavior
~n the immediate vicinity of the premises
which is related to the licensee's sale or
service of alcohol under the licensee's exer-
cise of the license privilege. I^mended by t953
c.14 §2; 1979 c.744 §33a; ~979 c.S81 §3; 1989 c.785 §8[
471.297 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (1) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.t15 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2) The commission summarily and with-
out prior administrative proceedings may re-
RS
ALCOttOLIC LIQUORS GENERALLY 471.297
license may be issued
for any special aucthm,
I,icnic, convenLion,
fair, civic or coHu~uiliLy
enterprise or business
promotion on a licensed
premises aL ................................... S lO per day
Special events winery
license may be
issued Lo a
winery licensee at .................... $ 10 per day
Bed and breakfast
license ...................................... $ 5 per guesL unJL
Brewery-Public tlouse,
including Certificate
of Approval ............................ S2%0 S 1,000
Grower's sales [)rJvilo~o
license ................................ S250 $ 1,000
Special evenLs grower's
sales privilege
i~conse ............................... S l0 per day
AKenL .................................. S125 For five years
Salesperson .................................S 2~ ~or five years
~VJnery SaJesperson ........................ ~ 3S fiJr five years
IAmended hy 195,5 c657 §9; 1957 c.lll §2; 1965 c.280 §3;
1967 c2S §l; 1967 c44X §1; 1971 c.470 §1; 1973 c.313 §t;
1973 c395 §5:1975 c.494 §3; 1979 c.264 §7; 1981 c.598 §1;
19.85 c360 §1; 1985 c.591 §2; 1985 c.628 §3; 1985 c.649 §2;
1989 c 178 §4; 1989 c553 §2; 1989 c.740 §3J
471.2915 Grounds for refusing to issue
license. The commission may refuse to li-
cense any applicant if it has reasonable
ground to believe any of the following to be
true:
(1) That there tire sufficient licensed
premises in the locality set out in the appli-
cation, or that the granting of a license in
the locality set out in the application is not
demanded by public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at retail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection xvith, or is a man-
ufacturer of, or xvholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to the
commission.
(c) Is not a citizen of the United States,
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
(d) Has been convicted of violating any
of the alcoholic liquor laws of this state,
general or local, or has been convicted at
any time of a felony.
(e) Has maintained an insanitary estab-
lishment.
(f) Is not of good repute and moral char-
actor.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
t j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems invotvir~g disturbances,
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the immediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol,
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations;
public drunkenness; fights: altercations;
harassment; unlawful drug sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history by showing that the
problems are not serious or persistent or that
the applicant demonstrates a willingness and
ability to control adequately 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 exer-
cise of the license privilege. IAmended by 1953
c.14 ,52; 1979 c.744 §33a; 1979 c.881 §3; 1989 c.785 §8J
471.297 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (t) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
{2) The commission summarily and with-
out prior administrative proceedings may re-
15 - ()RS
ALCOIIOLIC LIQUORS GENERALLY 471.297
license may be issued
for any special aucthm,
picnic, convenLion,
['air, civic or COIlllllUIli[y
enterprise or business
promotion on a licensed
premises at ................................ S I0 per day
Special events winery
license may be
issued Lo a
winmy licensee at ............... S 10 per day
Bed and breakfast
license S 5 per guest unit
Brewery-I'ublic [louse,
including Cet'tificate
of Approval S250 S 1.000
Grower's sales privilege
license ................ S250 S 1.000
Special events grower's
sales privilege
[tcense ................. S 10 per day
Agent .............. S125 [hr five years
Sa[esperson .................. S 25 For five years
Winery Salesperson ..... S 3.~ for five )'ears
[,\metaled hy 1955 c657 §9:1957 c 111 §2; 1965 c.2,~0 §3;
1967 c.2'q §1; 1967 c.44.~ §1; 1971 c.470 §1; 1973 c.313 §1;
1973 c.395 §5; 1975 c.494 §3; 1979 c.264 §7; 19/ql c.59.g §1;
19~5 c360 §1; 19g.:, c.59l §2:1985 c.62,~ §3; 19N5 c.649 §2;
19~19 c 17,q §4; 19,~9 c.553 §2:19.q9 c.740 §3[
471.295 Grounds for refusing to issue
license. The commission ma), refuse to li-
cense any applicant if it has reasonable
ground to believe any of the following to be
true:
(t) That there are sufficient licensed
premises in the locality set out in the appli-
cation, or that the g2'hnting of a license in
the locality set out in the application is not
demanded by public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at retail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection xvith, or is a man-
ufacturer of, or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to the
commission.
(c) Is not a citizen of the United States,
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
(d) Has been convicted of violating an3,
of the alcoholic liquor laws of this state,
general or local, or has been convicted at
any time ora felony.
(e) Has maintained an insanitary estab-
lishment.
(t) Is not of good repute and moral char-
acter.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems involving disturbances,
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the fmmediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol,
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations;
public drunkenness; fights; altercations;
harassment; unlawful drug sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history by showing that the
problems are not serious or persistent or that
the applicant demonstrates a willingness and
ability to control adequately 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 exer-
cise of the license privilege. [Amended by 1953
c.14 §2; 1979 c.744 §33a; 1979 c.88t §3; 19S9 c.785 §81
471.207 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (1) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2) The commission summarily and with-
out prior administrative proceedings may re-
15 - ()RS
ALCOIIOLIC LIQUORS GENERALLY 471.297
license may be issued
for any special auction,
picnic, convention,
fair, civic or community
enLerprise or business
promotion on a licensed
premises at .................................... S ~0 per day
Special events winery
license may be
issued to a
winery licensee at ..................... $ 10 per day
Bed and breakfast
license ................................... $ 5 per guest unit
Brewery-Public Ilo.se,
including Certificate
of Approval ............................. S250 S 1,000
Grower's sales privilege
license ................................... S250 S 1,000
Special events grower's
sales privilege
licease .......................... S 10 per day
Agent ............................ S125 [~r five years
Salesperson .......................... $ 25 for five years
Winery Salesperson ................... S 35 for five years
[Ameaded hy 1955 c657 §9:1957 c.lll §2; 1965 c280 §3;
1967 c2S §l; 1967 c44S §1; 197t c.470 §1; 1973 c.313 §1;
1973 c.395 §5; 1975 c.494 §3; 1979 c.264 §7; 1981 c.59~ §I;
19s}5 c360 §1; 19,q5 c.591 §2; 1985 c.628 §3; 19h5 c.649 §2;
19~9 c 178 §4; 19~:9 c553 §2; 1fl~:9 c.740
471.295 Grounds for refusing to issue
license. The commission may refuse to li-
cense any applicant if it has reasonable
ground to believe any of the following to be
true:
(1) That there are sufficient licensed
premises in the locality set out in the appli-
cation, or that the gq'anting of a license in
the locality set out in the application is not
demanded by public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at retail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection with, or is a man-
ufacturer of, or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to the
commission.
(e) Is not a citizen of the United States,
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
(d) Has been convicted of violating any
of the alcoholic liquor laws of this state,
general or local, or has been convicted at
any time of a felonv.
(e) Has maintained an insanitary estab-
lishment.
(f) Is not of good repute and moral char-
acter.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j} Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems involving disturbances,
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the immediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol,
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations:
public drunkenness; fights; altercations;
harassment; unlawful drug sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history by showing that the
problems are not serious or persistent or that
the applicant demonstrates a willingness and
ability to control adequately the premises
proposed to be licensed and patrons' behavior
in the immediate vicinity of the premises
xvhich is related to the licensee's sale or
service of alcohol under the licensee's exer-
cise of the license privilege. [Amended by 1953
c.14 §2; 1979 c.744 §33a; 1979 c.881 §3; 19S9 c.785 §8}
471.297 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (1) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2) The commission summarily and with-
out prior, administrative proceedings may re-
15 - ()RS
ALCOIIOLIC LIQUORS GENERALLY 471.297
license may be issued
for any special auclion,
picnic, convenLion,
fair, civic or community
enterprise or business
promotion on a licensed
premises at ................................ S 10 per day
Special events winery
license may be
issued to a
winmy licensee at ........... S 10 per day
Bed and breakfast
license ............................ $ 5 per guest unit
Brewery I'ublic Ihmse,
including Certificate
of Approval .................. S230 S 1,000
Grower's sales privilege
license S230 S 1,000
Special events grower's
sales privilege
license S 10 per day
Agent ......................... S12~ for five years
Salesperson S 23 for five years
Winery Salesperson .................... $ 33 for five years
[Amcmlcd by 1955 {:6,;7 §9:19.:,7 c.lll §2; 1965 c.2,s0 §3;
1967 c.2,s §l; 1967 c.44.s §I; t971 c.470 §1; 1973 c.313 §1;
1973 c.395 §5; 1975 c.494 §3; 1979 c.264 §7; 19~:1 c.59S §1;
19~5 c360 §l; 19.~5, c.59l §2; 19% c62g §3; [9~:5 c.6,19 §2;
19~9 c.178 §4; 19,S9 c553 §2:~9s9 c.740 §3]
471.295 Grounds for refusing to issue
license. The commission may refuse to li-
cense any applicant if it has reasonable
ground to believe any of the following to be
true:
(1) That there are sufficient licensed
premises in the locality set out in the appli-
cation, or that the granting of a license in
the locality set out in the application is not
demanded by public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at retail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection with, or is a man-
ufacturer of, or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to the
commission.
(c) Is not a citizen of the United ~;tates,
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
(d) Has been convicted of violating any
of the alcoholic liquor laws of this state,
general or local, or has been convicted at
any time of a felony.
(e) Has maintained an insanitary estab-
lishment.
(f) Is not of good repute and moral char-
acter.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems involving disturbances,
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the immediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is g~ounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol,
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations;
public drunkenness; fights; altercations;
harassment; unlawful drug sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history by showing that the
problems are not serious or persistent or that
the applicant demonstrates a willingness .and
ability to control adequately the premmes
proposed to be licensed and patrons' behavior
in the immediate vicinity of the premises
xvhich is related to the licensee's sale or
service of alcohol under the licensee's exer-
cise of the license privilege. IAmended by 1953
c.14 §2; 1979 c.744 §33a; 1979 c.88l §3; 1989 c.755 §8}
471.297 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (1) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2t The commission summarily and with-
out prior administrative proceedings may re-
15 - ()RS
ALCOItOLIC LIQUORS GENERALLY 471.297
license may be issued
for any special auction,
picnic, convention,
fair, civic or community
enterprise or business
promotion on a licensed
premises at ............................. S 10 per day
Special events winery
license may be
issued to a
winery licensee at ............. S 10 per day
Bed and breakfast
license ............................. S 5 per guest unit
Brewery-l'ublic thmse,
including Cel'tificale
of Approval ............ S250 S 1,000
Grower's sales privilege
license S250 S 1,000
Special events grower's
sales privilege
license .................. S 10 per day
Agent S125 fbr five years
Salesperson ................. S 25 fl)f' five years
kkinery Salesperson $ 35 fl~r five ymu's
[:\metaled },y 1955 c657 §9; 1957 clll §2; 1965 c250
1'.~67 c2~q §1; 1967 c.44s ~1; 197l c.470 ~1; 1973 c.313
'~973 c.395 ~5; 1975 c.494 ~3; 1979 c.264 ~7; 1981 c.59.~ ~1;
19s5 c360 ~1; 19.R5 c.591 ~2; 1985 c.62S ~3; 19~5 c.649 ~2;
]9s9 c 178 ~4; 19~9 c55~ ~2; 19.S9 c.740
471.2~ Grounds for refusing to issue
license. The commission may refuse to ti-
cense any applicant if it has reasonable
~'ound to believe any of the following to be
ti-lie:
(1) That there are sufficient licensed
premises in the locality set out in the appli-
cation, or that the ~'anting of a license in
the locality set out in the application is not
demanded by public ~nterest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at retail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection wi[h, or is a man-
ufacturer of, or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to the
commission.
(c) Is not a citizen of the United States,
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
(d) Has been convicted of violating any
of [he alcoholic liquor laws of this state,
general or local, or has been convicted
any time of a felony.
(e) Has maintained an insanitary estab-
lishment.
(O Is not of good repute and moral char-
acter.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems involving disturbances.
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the immediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol.
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations:
public drunkenness; fights; altercations:
harassment; unlawful drug sales; alcohol or
related litter: trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history by showing that the
problems are not serious or persistent or that
the applicant demonstrates a willingness and
ability to control adequately the premises
.proposed to be licensed and patrons' behavior
m the immediate vicinity of the premises
~vhich is related to the licensee's sale or
service of alcohol under the licensee's exer-
cise of the license privilege. [Amended by 1953
c.14 {}2:1979 c.744 §33a; 1979 c.881 §3; 1980 c.785 §81
471.297 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (1) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for )i-
tenses granted under this chapter and ORS
474.10,5 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2) The commission summarily and with-
out prior administrative proceedings may re-
15 - ()RS
ALCOttOLIC LIQUORS GENERALLY 471.297
license may be issued
for any special au(:tion,
picnic, convenLion,
fair, civic or community
enterprise or business
promotion on a licensed
premises at ................................... S 10 per day
Special events winery
license may be
issued to a
winery licensee at ................... $ I0 per day
Bed and breakfast
license ................................. $ 5 per guest unit
Brewery-I'ublic Itouse,
inch.ting Certificate
of Approval ........................ S2.~0 S 1,000
Grower's sales privilege
license .......................... S250 S 1,000
Special even[s grower's
sa[es privilege
license ............................... S 10 per day
Agen~ ............................... S125 for five years
Salesperson .................................S 25 for five years
Winery Salesperson ............... S 35 fi~r five years
t.,\memled by 1955 c.657 59; 1957 c.lll §2; I.%5 c.2,S0 5:1;
1967 c:2S §1; 1967 c.44,~ §l; 1971 c.470 §1; 1973 c.313
197:1 c395 §5; 1975 c.494 §3; [979 c.264 57; 19~ql c.59~1 §1;
19~$ c.360 51; 19R5 c.59l §2; 1985 c.628 §3; 19s5 c649 §2;
19~9 c.17,q §4; 1989 c.553 §2; 19'q9 c.740 §3]
471.295 Grounds for refusing to issue
license. The commission may refuse to li-
cense any applicant if it has reasonable
ground to believe any of the following to be
trtle:
(1) That there are suPficient licensed
premises in the locality set out in the appli-
cation, or that the granting of a license in
the locality set out in the application is not
demanded by public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at retail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection with, or is a man-
ufacturer of, or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances Lo excess.
(b) Has made false statements to the
commission.
(c) ts not a citizen of the United States,
or is incompetent or physically unable to
carry on the management of the establish-
rnent proposed to be licensed.
(d) Has been convicted of violating any
of the alcoholic liquor laws of this state,
general or local, or has been convicted at
any time of a felony.
(e} Has maintained an insanitary estab-
lishment.
(fl Is not of good repute and moral char-
acter.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems involving disturbances,
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the ~mmediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol.
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations:
public drunkenness; fights; altercations:
harassment; unlawful drug sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history by showing that th~
problems are not serious or persistent or that
the applicant demonstrates a willingness and
ability to control adequately the premises
proposed to be licensed and patrons' behavior
in the immediate vicinity of the premises
~vhich is related to the licensee's sale or
service of alcohol under the licensee's exer-
cise of the license privilege. [Amended by 1953
c.14 §2; 1979 c.744 §33a; 1979 c.881 §3; 1989 c.785 §8]
471.297 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (1) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2) The commission summarily and with-
out prior administrative proceedings may re-
15 - ()RS
ALCOHOLIC LIQUORS GENERALLY 471.297
license may be issued
[or any special auctimL
picnic, convention,
fair, civic or community
enLerprise or business
promotion on a licensed
premises aL ................................ S ]0 per day
Special evenLs winery
license may be
issued Lo a
winmy licensee aL ................ S [0 per day
Bed and breakfast
license .............................. S 5 per guesL uniL
Brewery-Public Ihmse,
including Certificate
of Apl~rova[ .................... S250 S 1,000
Grower's sales privilege
license ......................... S250 S 1,000
Special events grower's
sales privilege
lmense ......................... S 10 per day
Agent S125 for five years
Salesperson .......................... S 25 for ~e years
Winery Salesperson ........... S 35 fl~r five years
[Amended by 1955 c657 §9; 1957 c Ill §2; 1965 c.250 §3;
1.367 c2~; 61; 1967 c.44x §1; 1!)71 c470 §1; 1973 c313 §1;
1972 c.395 §5; 1975 c494 63; 1979 c.264 67; 19,~1 c59X 61;
19.'i5 c.360 §1; lgR.:~ c.591 §2; 1985 c.62.~ §3; 19.~5 c649 §2;
I9:';9 c 17q 64; I9;'19 c553 §2; 19~9 c.740 6.'tl
471.295 Grounds for refusing to issue
license. The commission may refuse to li-
cense any applicant if it ]'ms reasonable
ground to believe any of the following to be
true:
(1) That there are sufficient licensed
premises in the locality set out in the appli-
cation, or that the granting of a license in
the locality set out in the application is not
demanded by public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at re'ail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection with, or is a man-
ufacturer of, or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit o£ using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to thc
commission.
(c} Is not a citizen of the United States,
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
id} Has been convicted of violating any
o£ the alcoholic liquor laws of this state,
general or local, or has been convicted at
any time of a felony.
(e) Has maintained an insanitary estab-
lishment.
(fl Is not of good repute and moral char-
actor.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate oxvner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems involving disturbances,
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the ~mmediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, ~vhere
so related to the sale or service of alcohol,
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations;
public drunkenness: fights; altercations;
harassment; unlawful drug sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history by showing that the
problems are not serious or persistent or that
the applicant demonstrates a willingness and
ability to control adequately 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 exer-
cise of the license privilege. [Amended by 1953
c.14 62; 1979 c.744 633a; 1979 c.881 §3; 1989 c.785 §8[
471.297 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (~) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2) The commission summarily and with-
out prior administrative proceedings may re-
15 - ()RS
ALCOtIOLIC LIQUORS GENERALLY 471.297
license may be issoed
for any special auction,
picnic, convention,
fair, civic or community
enterprise or business
promotion on a licensed
prenfises aL ................................... S 10 per day
SI,ecial events winery
license may be
issued to a
winery licensee at ................ S 10 per day
Bed and greakfast
license ............................ $ 5 per guest unit
Brewery-Public llouse,
includinff Certificate
of Approval ....................... S2S0 $ 1~000
Grower's sales privilege
license ......................... S250 S 1.000
Special events grower's
sales privilege
license ............................. S 10 per day
Agent S125 for fivb years
Salespers(m S 25 for five )'ears
Winery Salesperson .............. $ 35 f(n' five )'ears
[AmemJcd by 1955 c657 §9; 1957 c.lll §2; 1965 c2~0 §3;
1967 c2.~ §I; 1967 c.44,~ §1; 1971 c.470 §1; 1973 c313 §1;
1973 c.395 §5; 1975 c.494 §3; 1979 c.264 §7; 19~1 c59~; §1;
19.S5 c.360 §1; 1995 c.591 §2; 1985 c.62,~ §3; 1955 c649 §2;
19.~9 c.17R §4; 19,~9 c.553 §2; 1989 c.740
471.295 Grounds for refusing to issue
license. The commission may refuse to li-
cense any applicant if it has reasonable
ground to believe any of the following to be
true:
(1) That there are sufficient licensed
premises in the locality set out in the appli-
cation, or that the granting of a license in
the locality set out in the application is not
demanded by public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed bb- ORS
471.456, any applicant to sell at retail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection with, or is a man-
ufacturer of, or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to the
commission.
(c) Is not a citizen of the United States,
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
(d) Has been convicted of violating any
of the alcoholic liquor laws of this state,
general or local, or has been convicted at
any time of a felony.
(e) Has maintained all insanitary estab-
lishment.
(O Is not of good repute and moral char-
acter.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems involving disturbances,
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the immediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol,
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations;
public drunkenness; fights; altercations;
harassment; unlawful drug sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history by showing that the
problems are not seriOus'or persistent or that
the applicant demonstrates a willingness and
ability to control adequately the premises
proposed to be licensed and patrons' behavior
~n the immediate vicinity of the premises
which is related to the licensee's sale or
service of alcohol under the licensee's exer-
cise of the license privilege. IAmended by 1953
c.14 §2; [979 c.744 §33a; 1979 c.S.$l §3; 1989 c.785 §81
471.297 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (1) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2) The commission summarily and with-
out prior administrative proceedings may re-
15 - ()RS
ALCOHOLIC LIQUORS GENERALLY 471.297
license may be issued
for any special auction,
picnic, convention,
fair. Civic or COlllllltllliLy
enterprise or business
promotion on a licensed
l,remises at ................................... S 10 per day
Special events winery
license may be
issued to a
winery licensee at ..................... $ 10 per day
Bed and breakfast
license ......................................... $ 5 per guest
Brewery t'ublic [louse,
inch,ling Certificate
of Approval ................................ S2h0 S
Grower's sales privilege
license ....................................... 5250 S
Special events grower's
sales privilege
license .................................... 5 10 per day
Agent ......................................... $125 Ibr fiv~
Salespers(m ..................................... S 25 for five
Winery Satesl)erson ......................... $ 35 for five
JAmemled by 19.;,5 c.657 §9; I957 c.lll §2; 1965 c.2,a
1967 c.2,s §1; 1967 c.44.g §1; 1971 c.470 §1; 1973 c.313
1973 c.395 §5; 1975 c.494 §3; 1979 c.264 §7; 1981 c.5!'-
19.55 c360 §1; 19~:5 c.591 §2; 1985 c.628 §3; 19b;5 c 64'.., ..'2.
19.'49 c.178 §4; 19~'~9 c.553 §2; 19;q9 c.740 §31
471.295 Grounds for refusing to issue
license. The commission may refuse to !i-
cerise any applicant if it has reason.d~,]e
ground to believe any of the following to
true:
(1) That there are sufficient licensed
premises in the locality set out in the appli-
cation, or that the granting of a license
the locality set out in the application is nCr
demanded bv public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at retail fo:-
consumption on the premises has been
nanced or furnished with money or property
by, or has any connection with, or is a man-
ufacturer of, or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to the
commission.
(c) Is not a citizen of the United States.
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
(d) Has been convicted of violating any
of the alcoholic liquor laws of this state.
general or local, or has been convicted at
any time of a felony.
(e) Has maintained an insanitary estab-
lishment.
(F) Is not of good repute and moral char-
acter.
(g) Did not have a good record of com-
pliance with the alcoholic iiquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legitimate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems involving disturbances,
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the immediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol,
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations;
public drunkenness; fights; altercations;
harassment; unlawful dru~ sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant mav
overcome the history by showing that th~
problems are not serious or persistent or that
the applicant demonstrates a willingness and
ability to control adequately the premises
proposed to be licensed and patrons' behavior
tn the immediate vicinity of the premises
which is related to the 'licensee's sale or
service of alcohol under the licensee's exer-
cise of the license privilege. [Amended by 1953
c.14 §2; 1979 c.744 §33a; 1979 c.9~! §3; 1989 c.785 §8}
471.297 Temporary license or letter of
authority on change of ownership; tee;
revocation; procedure. (1! The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2) The commission summarily and with-
out prior administrative proceedings may re-
1 5 - ()RS
ALCOItOLIC LIQUORS GENERALLY
471.297
license may be issued
for any special auction,
IfiCmc, convention,
fair, civic or COllnllLllliLy
enterprise or husJness
pronlotJon 011 a licensed
I)renlises aL ................................. S ]0 per day
Special events winery
license may be
issued to a
winery licensee aL ...................... $ 10 per day
Bed and breakfast
license .................................... S 5 per guest unit
Brewery-Public Iiouse,
inch,ling Certificate
of Approval ............................ S250 S 1,000
Grower's sales privilege
license S250 $ 1,000
St)ecia[ events grower's
sales privilege
license ................................ S I0 per day
Agent ................................... S125 fbr five years
Salesperson S 25 h~r five years
Winery Salesperson ....................... S 35 for five years
JAmen,ied by 19:55 c.657 {}9; 19,~7 c. Jll §2; 1965 c.2~0
1!)67 c.2~q §1; 1967 c44.~ ~1; 1971 c.420 ~1; 1973 c.313 ~1;
1973 c.395 ~5; 1975 c494 ~3; 1979 c.264 ~2; 19~1 c.59~ ~1;
19,~5 c.360 ~1; 19.R.~ c591 ~2; 1985 c.628 ~3; 19~5 c.649 ~2;
19~9 c 178 ~4; 19S9 c553 ~2; 1989 c.740 ~3J
471.295 Grounds for refusing to issue
license. The commission may refuse to li-
cense any applicant if it has reasonable
~ound to believe any of the following to be
true:
(1) That there are sufficient licensed
premises in the locality set out in the appli-
cation, or that the ~anting of a license in
the locality set out in the application is not
demanded by public interest or convenience.
(2) That the applicant has not furnished
an acceptable bond.
(3) That, except as allowed by ORS
471.456, any applicant to sell at retail for
consumption on the premises has been fi-
nanced or furnished with money or property
by, or has any connection with, or is a man-
ufacturer oh or wholesale dealer in, alcoholic
liquor.
(4) That the applicant:
(a) Is in the habit of using alcoholic
beverages, habit-forming drugs or controlled
substances to excess.
(b) Has made false statements to the
commission.
(c) Is not a citizen of the United States,
or is incompetent or physically unable to
carry on the management of the establish-
ment proposed to be licensed.
(d) Has been convicted of violating anv
of the alcoholic liquor laws of this state,
general or local, or has been convicted at
any time of a felony.
(e) Has maintained an insanitary estab-
lishment.
(f) Is not of good repute and moral char-
acter.
(g) Did not have a good record of com-
pliance with the alcoholic liquor laws of this
state and the rules of the commission when
previously licensed.
(h) Is not the legit{mate owner of the
business proposed to be licensed, or other
persons have ownership interests in the
business which have not been disclosed.
(i) Is not possessed of or has not demon-
strated financial responsibility sufficient to
adequately meet the requirements of the
business proposed to be licensed.
(j) Is unable to read or write the English
language or to understand the Liquor Con-
trol Act or rules of the commission.
(5) That there is a history of serious and
persistent problems involving disturbances,
lewd or unlawful activities or noise either in
the premises proposed to be licensed or in-
volving patrons of the establishment in the
immediate vicinity of the premises if the ac-
tivities in the immediate vicinity of the
premises are related to the sale or service of
alcohol under the exercise of the license
privilege. Behavior which is grounds for re-
fusal of a license under this section, where
so related to the sale or service of alcohol,
includes, but is not limited to obtrusive or
excessive noise, music or sound vibrations;
public drunkenness; fights; altercations;
harassment; unlawful drug sales; alcohol or
related litter; trespassing on private prop-
erty; and public urination. Histories from
premises currently or previously operated by
the applicant may be considered when rea-
sonable inference may be made that similar
activities will occur as to the premises pro-
posed to be licensed. The applicant may
overcome the history by showing that the
problems are not serious or persistent or that
the applicant demonstrates a willingness and
ability to control adequately the premises
proposed to be licensed and patrons' behavior
~n the immediate vicinity of the premises
which is related to the licensee's sale or
service of alcohol under the licensee's exer-
cise of the license privilege. [Amended by
c.14 {}2; 1979 c.744 §33a; 1979 c.88l §3; 19S9 c.785 §81
471.297 Temporary license or letter of
authority on change of ownership; fee;
revocation; procedure. (1) The commission
may grant a temporary license or letter of
authority for a period not to exceed 90 days
on change of ownership applications for li-
censes granted under this chapter and ORS
474.105 and 474.115 if the applicant pays the
fee prescribed by the commission for a tem-
porary license or letter.
(2) The commission summarily and with-
out prior administrative proceedings may re-
15 - ()RS
CITY COUNCIL WORKSHOP
Monday, January 22, 1996, 5:30 P.M.
Liquor License Renewals and Recommendations, policy direction.
> Growth
> Council Policy, Resolution 1037
New Outlets
> Tools
Negative Recommendations
No Recommendations
Special Conditions
Impact Area
Question?
- Does the council wish to change, add or develop liquor license criteria?
- If so, what would the council want to consider and how would the council
want this policy applied?