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Res 1613 - OLCC License guidelines COUNCIL BILL NO. 2284 RESOLUTION NO. 1613 A RESOLUTION ADOPTING LICENSING GUIDELINES TO BE FOLLOWED IN MAKING RECOMMENDATIONS ON LIQUOR LICENSE APPLICATIONS UNDER ORS CHAPTER 471; ALLOWING THE OPPORTUNITY FOR PUBLIC COMMENT ON APPLICATIONS; ESTABLISHING A PROCESSING FEE; AND DECLARING AN EMERGENCY. WHEREAS, ORS 471 provides procedures for local governing bodies to make recommendations on liquor license applications to the Oregon Liquor Control Commission (OLCC); and WHEREAS, a liquor license recommendation policy will assist in the fair and consistent processing of liquor license applications; and WHEREAS, the adoption of a liquor license recommendation policy will protect the interests of the general public and provide consistent direction to City of Woodburn staff in processing liquor license applications; and WHEREAS, the liquor license recommendation policy has been distributed to current licensees within the City; and WHEREAS, a public hearing before the City Council was held on January 22,2001 in order to hear public testimony regarding the liquor license recommendation policy; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The LIQUOR LICENSE APPLICATION POLICY AND CHECKLIST OF CRITERIA FOR RECOMMENDATIONS TO THE OREGON LIQUOR CONTROL COMMISSION, which is affixed hereto and incorporated herein as Attachment "A," is hereby adopted. Section 2. That pursuant to ORS 471. 166(a) the following processing fees are hereby established and found to be reasonable and necessary to pay expenses of processing the City's written recommendation: New License Application Change in Ownership Change in Location Change in Privilege Renewal License $100.00 $ 75.00 $ 75.00 $75.00 $ 35.00 Page 1 - COUNCIL BILL NO. 2284 RESOLUTION NO. 1613 Approved: 'lzzl-z''? I Approved as to forrnm,~ ~ City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder January 22, 2001 January 23, 2001 January 23, 2001 January 23, 2001 ATIEST:~~ ~J- Mary Ten nt, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2284 RESOLUTION NO. 1613 ~:.'~;:w' .~.~ : ,~' " ,,~ ,::-..--,.;.;.- . CITY OF WOODBURN ATTACHMENT~ Page --'- of ~ LIQUOR LICENSE.APPLICATION POLICY AND CHECKLIST OF CRITERIA FOR RECOMMENDATIONS TO THE OREGON LIQUOR CONTROL COMMISSION A. Authority Oregon Revised Statutes 471,164, 471,166, 471,313 and Oregon Administrative Rule 845 establishes the criteria local government use to make recommendations to the Oregon Liquor Control Commission and establish maximum processing fees, B. Criteria For New Licenses (1) (a) Is there a history of serious and persistent problems involving, disturbances, lewd or unlawful activities or noise either in the premises proposed to be licensed or involving patrons of the establishment in the immediate vicinity of the premises, if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege? "A history of serious and persistent problems" includes, but is not limited to, obtrusive or excessive noise, music or sound vibrations, public drunkenness, fights, altercations, harassment, unlawful drug sales, trespassing on private property, public urination or prostitution." Histories from premises currently or previously operated by the applicant may be considered when it is reasonable to infer that similar activities will occur as to the proposed licensed premises, (b) Does the applicant fail to demonstrate willingness and ability to control problems described in (1) (a) above? . Does the applicant have the same problems with other CUlTent licensed outlets? . Does the applicant fail to demonstrate willingness and ability to control these problems? . Does the applicant have a corrective plan that is likely to be effective? . Are there no license conditions or restrictions that would enable control, as listed in Oregon Administrative Rules? (2) (a) Will the licensed premises be located in an area that has a "history of serious or persistent problems" with unlawful activities, noise or disturbances? ATTACHMENT H Page A-. of I/,) (b) Does the applicant fail to show good cause, including but not limited to: ., Showing that alcohol beverage sale or service at the premises will not substantially contribute to the problems; or, . A plan demonstrating willingness and ability to adequately control the proposed premises and patrons' behavior on or near the premises? (3) (a) Does the applicant have a history or record of using alcohol or other drugs to excess? (b) Is the applicant unable to show discontinued uses of these substances to excess and is unlikely to do so in the future as provided by Oregon Revised Statutes and Oregon Administrative Rules? (4) Has the applicant been convicted of violating any of the alcoholic liquor laws of the state, or been convicted of a felony, of a kind where there is a relationship between the facts that support the conviction and fitness to exercise license privileges as related to Oregon Revised Statutes and Oregon Administrative Rules? (5) Has the applicant provided false or misleading information to the Commission or the City of Woodburn as provided by Oregon Revised Statutes and Oregon Administrative Rules? (6) Does applicant have a good record of compliance with the alcoholic liquor laws of the state and the rules of the commission when previously licensed? (7) (a) ** Does the applicant propose to locate within 500 feet of the boundary (measured property line to property line) of a(n): . licensed child care facility . elementary or secondary school . place of worship . hospital . nursing or convalescent care facility . park or children-oriented recreational facility, or, . alcohol and drug treatment or rehabilitation facility? (b) If so, will the licensed premises adversely impact the facility? (c) Is there a good cause to overcome this criterion, including but not limited to a showing by the applicant that the proposed operation is consistent with the zoning and general character of the area and the adverse impact will not unreasonably affect the facility as provided by Oregon Administrative Rules? ** NOTE: ATTACH~ENT /I Page~. of t;, Criterion (a) (sixth bullet) is not applicable to changes of ownership with no change in license privileges or operation, (8) Does or will the applicant have inadequate financial resources or facilities to build and operate as provided by Oregon Administrative Rules? (9) Is there insufficient demand for the license? e.g.: Is there declining or static population, business or industrial development the city, or decreasing sales or patronage at other similarly licensed outlets in the city as described in Oregon Administrative Revised Statutes and Oregon Administrative Rules? B. Renewals All of the above criteria for new licenses apply, except criteria (A)(7) and (A)(9), And the following: (1) Did the applicant fail to build and operate the premises substantially as proposed and approved as provided by Oregon Administrative Rules? (2) Are there persistent problems involving police calls related to the sales or service of alcohol not stemming from calls for assistance from the licensed establishment in the prior 12 months, concerning unlawful activities related to the sales or service of alcohol, either on the licensed premises or in its immediate vicinity? C. Application Process Time Limits Once an applicant has submitted a liquor license application to the city for recommendation, the city has 30 days to process a new license request or 60 days to process a renewal license request. If the city is considering an unfavorable recommendation for a specific license or renewal request and needs additional time to investigate, the city must file a request with OLCC that sets forth the reasons the city is considering an unfavorable recommendation, If the city has not requested additional time or given a recommendation to OLCC within 30 days for a new license request or 60 days for a renewal license request, OLCC will proceed with the license request as if a favorable recommendation was given by the city, D. City Council Recommendation The City Council may recommend approval of the application through the Consent Agenda or as an Agenda Action Item, If the City Council recommends denial of the application, it may schedule a public hearing, E. Authority ATTAC'f1ENT IJ Page of (p Review of liquor license application as provided by Oregon Revised Statutes and Oregon Administrative Rules, F. Standards for Police Department Recommendations Oregon law provides criteria to be used by OLCC for license refusal which can be adapted into criteria for police departments 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. G. Evaluation Guidelines and Criteria (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 of alcohol. (2) The Police Department will automatically recommend denial ofa renewal application when there is a record of ten arrests, in the prior twelve 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 thereof. (3) Actions by the licensee which might tend to mitigate the problems shall be considered, Examples of mitigating actions are seeking and following recommendations by the OLCC or Police Department, and increased security measures. (4) In addition to the criteria previously outlined, a recommendation for denial of a license renewal may be made when there are persistent problems involving police calls related to the sales or service of alcohol not stemming from calls for assistance from the establishment, within the preceding twelve months, concerning unlawful activities by employees and patrons of the licensed business, either on the licensed premises or in the immediate vicinity thereof. (5) 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. With all licensing activities, it must be remembered that the City recommends and OLCC grants or denies, H. Procedures for Recommendation for Denial AffACfoB,tENT J) Page_2-_ of (jP (1) In the ev..ent that the Police Department anticipates a recommendation for denial, based on the preceding guidelines, the Chief of Police shall contact the City Administrator, who shall meet with the Chief of Police to review the application, circumstances surrounding it and any associated investigatory materials, (2) The review process described in (G)(1) above shall apply the criteria as provided by Oregon Administrative rules of the Oregon Liquor Control Commission (OLCC), in recommending appropriate action on the pending liquor license application, (3) In the event the City Administrator concurs with a staff recommendation for denial, the Police Department shall provide a copy of the appropriate police records to the licensee, including the fact that the application has been reviewed by the City Administrator. (4) In the event the City Administrator does not concur with a staff recommendation for denial, the City Administrator and the Chief of Police shall meet with the City Attorney in an attempt to reach consensus, If no such consensus is reached, that fact shall be clearly conveyed to the City Council (see (H)(5) below), (5) Following the review process described above, the pending application shall be placed on the earliest possible City Council regular meeting agenda for consideration, at which time the Chief of Police shall present the recommendation to the City Council. (6) Upon receipt of a recommendation for denial, the City Council may set the matter for public hearing at a subsequent meeting. If a public hearing is scheduled in connection therewith, the City Recorder shall: (a) Cause to be published in a newspaper of general circulation within the City a notice of said hearing. The notice shall specify the time, date and location of the hearing and the business name and address of the applicant. The notice shall inform the public that testimony may be given, either for or against the application, and further, that written comments will be accepted by the City Administrator at any time prior to the scheduled hearing; and, (b) Cause written notice to be served upon the applicant personally or by certified mail postmarked not later than ten days prior to the hearing, (7) The notice to the applicant referred to in (H)( 6)(b) above; shall contain: (a) A statement of the time, date and phrase of the hearing; (b) A copy of the background materials supporting a recommendation for ~~:~~~E~l~ denial (if not previously provided pursuant to (H)(3) above; and, ( c) i} statement that the applicant may be represented by legal counsel at the public hearing, but that no such legal counsel will be provided at public expense. (8) At the time of the public hearing, in addition to the recommendation of the Police Department and the City Administrator, the City Council may also consider actions taken by the licensee to mitigate problems such as increased security measures or seeking and following the recommendations of the OLCC or the Police Department. (9) Following the public hearing, the City Council shall vote on its final recommendation concerning the application, including any compliance plan conditions, which shall constitute the City's formal recommendations to be forwarded to the OLCC in the matter. I. Established License Processing Fees New License Application $100.00 $75.00 Change in Ownership $75.00 Change in Location $75,00 Change in Privilege $35,00 Renewal License $35.00 Temporary License (At the discretion of the Chief of Police, license fees for a non-profit organization may be waived)