***PLEASE NOTE: THIS ORDINANCE HAS SEVERAL STRIKE THROUGH'S ON THE ADOPTED COPY, DUE TO RESTRICTIONS, WE ARE UNABLE TO HIGHLIGHT THOSE CHANGES. ***
ORDINANCE NO. 1570
AN ORDINANCE AMENDING SECTIONS 7.700 THROUGH 7.740 OF THE WEST LINN MUNICIPAL CODE RELATING TO LIQUOR LICENSE REVIEW
WHEREAS, the Oregon Liquor Control Commission (OLCC) issues and reviews licenses pertaining to the sale of alcoholic beverages within West Linn; and,
WHEREAS, Oregon Revised Statute (ORS) 471.166 requires that every applicant for issuance or renewal of a license from the OLCC acquire a written recommendation from West Linn if the place of business of the applicant is within West Linn, and the OLCC may take such written recommendation into consideration before granting or refusing the license; and,
WHEREAS, currently Sections 7.700 through 7.740 require the West Linn City Council to provide such recommendations, based upon the recommendation of the City Manager; and,
WHEREAS, state law does not require the City Council to act on all recommendations, but allows the City to delegate such authority to the City Manager or other City official; and,
WHEREAS, the criteria for approving or denying liquor license applications and renewals does not involve a significant degree of discretion, but is circumscribed by state law to matters such as past or present criminal behavior which do not involve a significant degree of discretion; and
WHEREAS, the City Manager and City staff are best able to review the generally routine requests from the OLCC for local government recommendations on liquor license applications and renewals; and
WHEREAS, the proposed ordinance would reserve the ability of the City Council to hold a public hearing on more controversial applications where the City Manager is recommending a denial or a restriction to the OLCC on a proposed license or renewal;
NOW, THEREFORE, THE CITY OF WEST LINN ORDAINS AS FOLLOWS:
Section 1. West Linn Municipal Code Sections 7.700 through 7.740 are hereby amended as follows (bold strike-outs = deletions, bold underlining = additions:
LIQUOR LICENSE REVIEW
7.700 Purpose. The purpose of Sections 7.700 to 7.740 is to provide adminis¬tra¬tive proce¬dures and criteria for the City’s review of liquor licens¬e applications. The City council Manager shall make a recommendation to the Commission concerning all applications for premises within the City. The recommendation may be to grant, grant with restrictions, or deny the application.
7.705 Scope of Provisions. Sections 7.700 to 7.740 shall govern the pro¬ced¬ures and criteria for consideration of liquor license applications and City council re¬commen¬dation to the Oregon Liquor Control Com¬mission.
7.710 Definitions. For the pur¬pose of Sections 7.700 to 7.740 the following mean:
Applicant. The person or entity who submits an application to the Commission.
Application. The written re¬quest to the Commission to grant or renew a liquor license for premises within the City limits.
Commission. The Ore¬gon Liquor Control Commission.
Liquor License. A license to sell liquor issued by the Commission.
Notice of Application. The notice provided by an applicant to the City of an application for a new liquor license as required by Section 7.715.
Notice of Renewal. The notice provided by the Commission to the City under OAR 845-005-0304 listing liquor licenses within the City that are scheduled for renewal.
7.715 Notice of Application Required.
(1) An applicant shall provide the City Manager with a notice of application for any new liquor license in a form approved by the City Manager. The notice shall include:
(a) A copy of the application;
(b) A request that the City issue a written recommendation to the Commission concerning the application;
(c) The type of license applied for and a description of the nature of the business for which the application is made;
(d) The name of the appli¬cant, with address; if a partnership, the names and addresses of all partners; if the business is a corporation, the name and address of the home office, and the name and ad¬dress of the designated agent in the state; if a foreign corporation, the name and address of the local agent or repre¬senta¬tive of the business in the City;
(e) The address of the location where the business will be locat¬ed in the City;
(f) Any other relevant infor¬mation the City Manager¬ deems nec¬essary for review;
(g) The signature of the appli¬cant or the agent making the applica¬tion.
Items (c) through (e) do not have to be separately stated if included in the copy of the application provided to the City.
(2) At the time of submission of the notice of application, the appli¬cant shall be required to pay a fee in an amount set by council resolu¬tion and consistent with applicable statutes.
7.717 Renewal Fee.
Any holder of a liquor license for premises located within the City shall submit a renewal fee to the City prior to the date on which the license is to be renewed. A copy of the renewal application must accompany the fee.
7.720 City Manager's Duties.
(1) The City Manager shall maintain a record of all notices of application and all notices of renewal received. The City Manager shall notify the affected neighborhood association in a timely manner of the application. The City Manager shall review all notices for the purpose of making a recommendation to the City Council. The review shall address all criteria that are relevant to the application under state law. The review of the notice of renewal shall include a determination whether the renewal fee has been paid.
(2) The City Manager may require an applicant to supply any relevant additional information to determine the qualifications of the applicant. Upon completion of the review, the City Manager shall make a recommendation to the City Council. The written recommendation shall be available at least 10 days prior to the City Council meeting at which the recommendation is to be considered.
(3) The City Manager shall review the application and make a recommendation to the Commission within 25 days of the receipt of notice of a new application, and within 40 days of the receipt of notice of an application renewal.
(4) If the recommendation is for denial or approval with restrictions, the City Manager shall mail notice to the applicant as is provided by Section 7.730. If the applicant requests a public hearing on the application, or the City Manager determines to hold a public hearing, or the City Manager refers the application to the City Council for a public hearing, the City Manager shall request an extension of time from the Commission to submit the City’s recommendation to the Commission. If the Commission does not grant a time extension, the City Manager shall deny the request for a hearing and shall submit the City’s recommendation to the Commission. If the Commission grants the time extension, the City Manager shall schedule a public hearing either before the City Manager or before the City Council on the application. The final recommendation by the City must be submitted within 90 days of the notice of new application if an extension is granted, and within 105 days of the notice of application renewal if an extension is granted, or such other time as determined by the Commission.
7.725 Hearing Procedure.
(1) The City Manager shall normally schedule City Council consideration of its recommendation on notices of applications within 25 days of receipt of the notice of application. If for any reason the matter cannot be considered by the City Council within 25 days, or if the City Council is unable to come to a decision on the date the matter is first presented to the Council, or if the City Council votes to recommend denial after the City Manager recommends approval, the City Manager shall request an extension of time from the Commission to submit the City’s recommendation to the Commission. The final recommendation by the City must be submitted to the Commission within 30 days of the notice of application if no extension is granted and within 75 days of the notice of application if an extension is granted, or such other time as determined by the Commission.
(2) The City Manager shall normally schedule City Council consideration of its recommendation on notices of renewal within 55 days of the receipt of the notice of renewal. If for any reason the matter cannot be considered by the City Council within 55 days, or if the City Council is unable to come to a decision on the date the matter is first presented to the Council, the City Manager shall request an extension of time from the Commission to submit the City’s recommendation to the Commission. The final recommendation must be submitted by the City within 60 days of the notice of renewal if no extension is granted and within 105 days of the notice of renewal if an extension is granted or such other time as determined by the Commission.
(31) If the City Manager recommends approval of the application, the application will be scheduled as a Council agenda item. Upon adverse recommendation by the City Manager, request by the applicant for a public hearing, determination by the City Manager to hold his or her own public hearing, or referral of the application by the City Manager to the City Council for a public hearing, and agreement from the Commission to an extension of time, a public hearing before the City Manager or the City Council will be scheduled and notice given pursuant to section 7.730.
(42) The applicant may be represented by legal counsel, but legal counsel shall not be provided at public expense.
(53) Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of their serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
(64) Irrelevant and unduly repetitious evidence shall be excluded.
(75) After due consideration of all pertinent information and testimony, the City Manager or City Council shall make its recommendation. The recommendation shall be based upon the criteria established by state law and shall be final. In the case of a recommendation of an unfavorable determination, the specific reasons for the recommendation shall be announced at the meeting and set out in the City Manager’s or City Council’s minutes. A copy of the minutes shall be provided to the Commission.
7.730 Applicant Notice.
Before the City Manager council recommends denial or approval with restrictions of a liquor license application to the Commis¬sion, notice of the public hearing decision must be given to the applicant either personally or by registered or certi¬fied mail postmarked not later than ten days prior to the hearing decision date. The notice shall contain:
(1) A statement of the time and place of hearing decision;
(2) A statement from the City Man¬ager of the matter(s) asserted or charged support¬ing the adverse recommendation or stating why the hearing was requested;
(3) A statement that the applicant may request a public hearing on the recommendation within five days of mailing or receipt of the notice of decision to recommend denial, and that the applicant must not object to a request by the City to the Commission for an extension of time to provide a City recommendation.
(34) A statement that the applicant may be represented by legal counsel at the hear¬ing, but legal counsel shall not be provided at public expense;
(4) A statement that if the appli¬cant desires to par¬ticipate in the hearing, the manager must receive notice in writ¬ing, no later than five working days prior to the hear¬ing; and
(5) A statement that if participation is requested by the applicant, that a copy of Sections 7.700 to 7.740 may be obtained at the City Man¬ager's of¬fice.
7.735 Public Notice. In the event that a public hearing is scheduled, in addition to any regular city council notice provisions, the City shall cause to be pub¬lished in a newspaper of general circula¬tion in the city a notice specify¬ing a time, date and location of the hearing and business name and address of the appli¬cant. The notice shall inform the public that testimony may be given for or against the application.
7.740 Standards and Criteria.
The City Council Manager or the City Council shall make its a recommendation for approval, denial or approval with restrictions of the liquor license application based on the City Council’s Manager’s or Council’s evaluation of the relevant standards and criteria. The applicant shall be held strictly accountable for the conditions of the premises. The City Council Manager or Council shall apply the standards and criteria established by state law. The recommendation shall be based upon grounds allowed by state law and the administrative rules of the Commission, and shall be supported by reliable factual information. In determining whether the license is demanded by the public interest or convenience, the City Council may consider:
(1) The completeness of the application;
(2) The applicant provision or failure to provide in a timely manner any information reasonably requested by the City Manager or City Council;
(3) Whether the applicant provided false or misleading information to the City Manager, City Council or any City employee;
(4) The impact on the citizens and public institutions of the City. In determining the impact, the City shall consider public opinion and whether public opinion weighs against the application. Public opinion may be received by written or oral comment. Persons who comment on a pending application must provide their names in order to have their opinion considered. Public opinion will be evaluated in light of the reasons expressed and the extent to which the persons expressing it are likely to be affected by the issuance of the license. Greater weight will be given to opinions of persons residing, working, owning a business or who have children attending school or day-care within a one-half mile radius of the premises. The number of persons expressing opposition will not, in and of itself, be controlling;
(5) Whether the applicant’s premises and the area nearby are heavily frequented by persons under 21 years of age unaccompanied by adults;
(6) Any convictions of the applicant for violating any of the alcoholic liquor laws of this state, general or local, or any felony or misdemeanor convictions involving moral turpitude;
(7) The applicant's use of controlled substances or alcoholic beverages to excess;
(8) The applicant's reputation and moral character;
(9) Whether the applicant has maintained, or allowed to exist a noisy, lewd, or disorderly establishment, or an establishment that creates or is a public nuisance under the ordinances of the City or laws of the state;
(10) The maintenance, cleanliness and repair history of applicant's premises during applicant's ownership;
(11) Conformity and compliance with City ordinance and regulations and state laws and regulations by the applicant or applicant's premises; and
(12) Whether excessive demand on City services, including law enforcement, has resulted from applicant's operation of the premises.
PASSED AND APPROVED THIS 23rd DAY OF JUNE 2008.
