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Res 1379 - Renew Liquor Lic COUNCIL BILL NO. 1741 RESOLUTION NO. 1379 A RESOLUTION ADOPTING POLICY GUIDELINES AND PROCEDURES FOR CITY COUNCIL RECOMMENDATIONS FOR RENEWAL AND ISSUANCE OF L1aUOR LICENSE RECOMMENDATIONS AND REPEALING RESOLUTION NO. 1037. WHEREAS, Oregon Revised Statutes 471.210 and 471.213 provide criteria for local government to make recommendations to the Oregon Liquor Control Commission concerning liquor license renewal and issuance, and WHEREAS, a specific liquor license recommendation poliCY will assure the fair and consistent treatment of liquor license applications; and WHEREAS, the adoption of said liquor license recommendation policy will protect the interest of the general public and provide direction to city staff in processing liquor license applications, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That Resolution No. 1037 is repealed. Section 2. That the City of Woodburn "Liquor Application Policy," a copy of which is attached and by this reference incorporated herein, is hereby adopted by the City Council. 01r;'vcr-~ Approved as to form: · City Attorney ~ j r)iG Date APPROVED: ~~~ t'f 9f;::-/~ Nancy A. K' sey, Mayor / August 12, 1996 I August 13, 1996 Au~ust 13, 1996 August 13, 1996 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder /Y) ---r- . J_ ATTEST: G~ t~ Mary 'T'ennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1741 RESOLUTION NO. 1379 ...-....~-~---_._"---~ 'T CITY OF WOODBURN LIQUOR APPLICATION POllCY AND CHECKLIST OF COMMON CRITERIA FOR RECOMMENDATIONS TO DENY OR RESTRICT LIQUOR LICENSES (A) New Licenses (1) (a) Is there a history of serious and persistent problems, disturbances, lewd or unlawful activities or noise either in the premises pro.posed 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? ORS 472.160(5); OAR 845-05-007 and -027. " 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, alcohol or related litter, trespassing on private property, and public urination. 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 license. (b) Does the applicant fail to demonstrate willingness and ability to control these problems? . Does (s)he have the same problems with his other current licensed outlets? . Does (s)he fail to demonstrate willingness and ability to control these problems? . Does (s)he not have a corrective plan that is likely to be effective? . Are there no license conditions or restrictions that would enable control? OAR 845-05-026. (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'? These need not be alcohol-related. OAR 845-05-026. (b) Does the applicant fail to show good cause, including but not limited to: . Showing that alcoholic beverage sale or service at the premises will not substantially contribute to the problems; or T'"~' . . .' .. '",m ..._-_...~. _... .-., . . . ... .. - .._- . A plan demonstrating willingness and ability to adequately control the proposed premises and patrons' behavior 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 that (s)he no longer uses these substances to excess and is unlikely to do so in the future? ORS 472.160(4), OAR 845-05- 025(4). (4) Has the applicant been convicted of a felony when there is a relationship between the facts that support the conviction and fitness to exercise license privileges, giving consideration to any intervening circumstances? ORS 472.160(4); OAR 845-05- 025(5). (5) Has the applicant provided material false or misleading information to the Commission? ORS 472.160(4); OAR 845-05-025(6). (6) (a) Does the applicant pro,pose 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 . church . hospital . nursing or convalescent care facility . park or children-orientated recreational facility, or . alcohol and other drug treatment or rehabilitation facility? (b) If so, will the licensed premises adversely impact the facility? (c) Is there a lack of good cause to overcome this criterion, including but not limited to a showing by 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? OAR 845-05-007 and -026. ** NOTE: Criterion (A)(6) is not applicable to changes of ownership with no change in license privilege or operation. (7) Does or will the applicant have inadequate financial resources or facilities to build and operate as proposed? OAR 845-05-025. (8) Is there insufficient demand for the license? e.g.: Is there declining or static population, business or industrial development in the city or decreasing sales or patronage at other similarly licensed outlets in the city? OAR 845-05-026 and -030. (9) Failure to comply with liquor laws of this or any other state, as shown by a final 2 ..~.,. .-..'.. .~.... ",~,-~-",,,,,,,,,,,,,"""""'",,,;...'--'-'-~' order of a court or administrative agency. OAR 845-05-030. (Bl Renewals All of the above criteria for new licenses apply, except criteria (A)(6) and (A)(8). Add the following: (1) Did the applicant fail to build and o,perate the premises substantially as proposed and ~wroved? OAR 845-05-061. (2) Are there persistent problems involvine 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 by either on the licensed premises or in their immediate vicinity? eCl Authoritv Review of liquor license application pursuant to ORS 471.210, 471.213 CDl Standards for Police Department Recommendations Oregon law provides criteria to be used by OLeC 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 . Dlegal 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. (E) 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 or service of alcohol. (2) 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. (3) Actions by the licensee which might tend to mitigate the problems should be 3 ~-...-..~-w-~..._.~._...,"""~.",",~,,-_.,,, ..-,', ~-"~._"""""~-"'--"""-""~"~'" ."".~~.,."-~.._--....'..",.~ considered by the City Council. Examples of mitigating actions are seeking and following recommendations by the OLCC, or police, 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 by the Council. With all licensing activities, it must be remembered that the City recommends and OLCC ~ts or denies. (F) Procedures For Recommendation of Denial (1) In the event that the police department anticipates a recommendation for denial, based on the preceding guidelines, the Chief of Police shall contact the councilor of the ward in which the establishment is located (Mward councilorM), 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 (F)(I) above shall apply the criteria stated in ORS 472.160 and 4n.1SO and the administrative rules of the Oregon Liquor Control Commission (OLCC), OAR Chapter 845, Division 5, in recommending appropriate action on the pending liquor license application. (3) In the event the ward councilor 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 individual councilor. (4) IIi the event the ward councilor does not concur with a staff recommendation for denial, the ward councilor and the Chief of Police shall meet with the City Administrator in an attempt to reach consensus. If no such consensus is reached, that fact shall be clearly conveyed to the full Council (see (F)(5) below). (5) Following the review process described above, the pending application shall be placed on the earliest possible Council agenda for consideration, at which time the ward councilor shall present the recommendation to the full Council concerning denial of the application. (6) Upon receipt of a recommendation for denial, the Council shall set the matter for public hearing at a subsequent meeting. In connection therewith, the City Recorder shall: 4 ".......,..<,.~'"""~ ~.-...-~....,. _.........,_..>".,.,...,...,._._..,._,.~.,~,'"" (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 Recorder at any time prior to the scheduled hearing; and (b) Cause written notice to be served upon the applicant personally or by registered or certified mail postmarked not later than ten days prior to the hearing. (7) The notice to the applicant referred to in (F) (6) (b) above shall contain: (a) A statement of the time, date and place of the hearing; (b) A copy of the background materials supporting a recommendation for denial (if not previously provided pursuant to (F)(3) above; and (c) A 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 ward councilor, the Council may also consider actions taken by the licensee to mitigate problems which can result in police calls; such as increased security measures or seeking and following the recommendations of the OLCC or the police department. (9) Following the public hearing, the Council shall vote on its final recommendation concerning the application, including any compliance plan conditions, which shall constitute the city's formal recommendation to be forwarded to the OLCC in the matter. 5 "---r"---"--"-- "'" - . -.-.-"... _...~'h' . .-.,-- ,---."..-.-.'..