HomeMy WebLinkAboutCAP082522
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, August 25, 2022
Mayor
Hank Williams
Ward I
Neil Olsen
Ward II
Kelley Johnson
Ward III
Melody Thueson
Ward IV
Taneea Browning
At Large
Rob Hernandez
At Large
Michael Parsons
At Large
Michael Parsons
Next Res(1720) Ord (2090)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC COMMENTS
Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at
that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per
meeting being allotted for public comments. The council may ask questions but may take no action during the public
comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The
right to address the Council does not exempt the speaker from any potential liability for defamation.
V. CONSENT AGENDA
A. Approval of August 11, 2022 City Council Minutes
B. OLCC Application - Mazatlan Grill
C. OLCC Application - Purple Parrot
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
A. Resolution No. ________, A Resolution to Annex 55.24 Acres Located on
Property Identified by the Jackson County Assessor's Map AS 37S2W02D Tax
Lot 2001, 37S2W11A Tax Lots 102 AND 28100, 37S2W12B Tax Lots 502 and
505; and 37S2W12C Tax Lots 301 and 805. Applicant: City of Central Point
(Holtey)
VIII. BUSINESS
A. Dennis Richardson Memorial - Plaque Review (Jacob)
B. Ballot Measure 114 - Information (Logue)
C. Discussion of Little League Construction Update (Samitore)
IX. MAYOR'S REPORT
X. CITY MANAGER'S REPORT
XI. COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII. EXECUTIVE SESSION - ORS 192.660(f) to consider information or records that are
exempt from public inspection
The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XIV. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov.
Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por
favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, August 11, 2022
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Present
Kelley Johnson Ward II Present
Melody Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Also present were City Manager Chris Clayton, City Attorney Sydnee Dreyer; Finance
Director Steve Weber; Planning Director Stephanie Holtey; Police Captain Scott Logue;
Parks and Public Works Director Matt Samitore (remote) and Senior Accountant Rachel
Neuenschwander.
IV. PUBLIC COMMENTS
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
A. Approval of July 14, 2022 City Council Minutes
Minutes were approved with the following changes, Neil Olsen's name was
misspelled, and he did not say that he won the Freedom Run.
VI. BUSINESS
A. Discussion Regarding Proposed Amendments to Chronic Nuisance Ordinance
City Attorney Sydnee Dreyer discussed sections of the chronic nuisance ordinance
and recommended changes, and is seeking the direction of the Council as to how
they would like to proceed.
5.A
Packet Pg. 3 Minutes Acceptance: Minutes of Aug 11, 2022 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 11, 2022
Page 2
Council agreed that making changes to simplify the process for easy understanding
for council, staff and the public.
RESULT: FOR DISCUSSION ONLY
B. Bear Creek Greenway Fire Area Master Plan Discussion
Dave Jacobs presented to the Council the Bear Creek Greenway Fire Area Master
Plan Update. Mr. Jacobs gave an overview of the Master Plan process and how the
Federal Emergency Manage Agency Wildlife Recovery Funds are being spent.
RESULT: FOR DISCUSSION ONLY
C. League of Oregon Cities 2023 Legislative Priorities
City Manager Chris Clayton Presented the League of Oregon Cities 2023 Legislative
Priorities.
Council was in agreement on these being the top priorities:
Full Funding and Alignment for State Land Use Initiatives
Local Funding to Address Homelessness
Protecting Public Employees and Officials
Address Measure 110 Shortcomings
Property Tax Reform
Infrastructure Funding to Support Needed Housing
Community Resiliency and Wildfire Planning
Cyber Security and Privacy
Investment in Community Climate Planning Resources
RESULT: FOR DISCUSSION ONLY
D. Planning Commission Report
The Central Point Planning Commission met at their regular meeting on August 2,
2022. There were two information (2) items on the agenda. The first was an update
on State Transportation Planning Rule prepared as part of the Climate Friendly &
Equitable Communities rulemaking. The second item was an introduction to the
Transportation System Plan Amendment currently underway.
RESULT: FOR DISCUSSION ONLY
E. Public Works Operations Center Final Accounting
Finance Director Steve Weber presented the breakdown of costs for the Public
Works Operation Center accounting. The total costs including land, buildings,
furniture and equipment totaled $8,617036.91, the Non-operating resources used
to cover the project totaled $8,001,300.00. In order to make up the difference
each of the five operational funds, Parks, Recreation, Water, Storm Water and
Streets are taking items out of their operational budgets. The biggest items are
the delay of S Haskell waterline project, which will coincide with the street
extension proposed for next year’s budget, the Hopkins water main and lateral
reconfiguration project, a small park project and some street paving that was
scheduled for next May.
5.A
Packet Pg. 4 Minutes Acceptance: Minutes of Aug 11, 2022 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 11, 2022
Page 3
RESULT: FOR DISCUSSION ONLY
VII. MAYOR'S REPORT
Mayor Hank Williams reported that:
He attended a meeting with Congressman Cliff Bentz before his Town hall meeting at
the fairgrounds.
He attended the DARE car show.
He has a table at the Mayors United Dinner Friday October 7th.
VIII. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
He and Dave Jacobs attended a Senior Center Lunch they had about 25 people
attending, the Thrift Shop has been open and bringing in $1000 a month.
Jewett Storm drain project with delays of utilities in the way, Lumen formally
Centurylink is in the process of relocating there infrastructure.
Measure 114 regarding Local Law Enforcement issuing permits for people to
purchase firearms - Captain Logue is going to be giving a presentation at the August
25th meeting.
Pathway Enterprises has contacted the City about leasing space at the old Public
Works facility.
DARE Cruise was successful.
There is an Executive Session tonight.
IX. COUNCIL REPORTS
Council Member Melody Thueson reported that:
She thanked the Police Department for helping with some issues at Don Jones Park
She met with the HOA president of Bluegrass Downs regarding the Wet Land Park, and
will be meeting with Matt Samitore on this issue.
Council Member Mike Parsons reported that:
He attended the Council Study Session at The Navigation Center.
He attended the Rogue Valley Sewer Services Board Directors meeting and luncheon.
He assisted with the Central Point Police Department DARE Day Show & Shine, and
assisted with the CPPD Dare Cruise throughout Downtown Central Point. Both of these
events were fundraisers to help finance some of the expenses for the D.A.R.E. Program
for the 5th grade students in Central Point.
He attended the Jackson County Fires Dist. 3 Civil Service Commission meeting and
was seated as a voted commissioner.
5.A
Packet Pg. 5 Minutes Acceptance: Minutes of Aug 11, 2022 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 11, 2022
Page 4
Council Member Rob Hernandez reported that:
He attended the Council Study Session at The Navigation Center.
He attended his first Airport Advisory Committee meeting.
He attended the School District 6 bond over site committee meeting
Council Member Taneea Browning reported that:
She attended the Water Commission meeting.
Met with Rogue Valley Workforce Board Executive regarding future visions and training
for the workforce.
She testified in front of the Association of Oregon Counties regarding Measure 110.
She presented to virtual group for civic involvement for the rural communities.
She participated in the Envision Bear Creek Greenway steering committee meetings.
She attended the Study Session at the Navigation Center.
Council Member Kelly Johnson reported that she attended the Study Session at the
Navigation Center.
Council Member Neil Olsen reported that:
He attended the Study Session at the Navigation Center
He attended the Planning Commission meeting.
X. DEPARTMENT REPORTS
Planning Director Stephanie Holtey reported that:
They are working on the annexation for Bear Creek Greenway properties.
They have entered into a contract with Pacific Habitat Services for an inventory on the
wetland and riparian that is needed to update the environmental elements so that we
can annex properties from the urban growth boundaries.
Finance Director Steve Weber reported that he is waiting to hear from the auditors for an update
on fiscal year 20/21 audit, the partner in charge is on vacation this week and he has been
working on getting items for the auditors that it is still progressing.
Captain Scott Logue reported that:
DARE Cruise and Show and Shine was told the held its self-sufficiency.
Promotional Process of next Lieutenant - Detective Abbot will start that next week.
5.A
Packet Pg. 6 Minutes Acceptance: Minutes of Aug 11, 2022 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 11, 2022
Page 5
Application process for a Police Support Specialist to fill the vacancy of Debby Miller
who is retiring this month.
Jackson County Commissioner Dave Dotterer reported that:
The County approved a UGB expansion with Phoenix.
The Commissioners signed off on two important letters, one was to City of Talent over
the Urban Renewal Plan and they signed off on a letter to the Governor on the Wildfire
Risk map.
City Manager Chris Clayton stated there will be an Executive Session tonight under ORS
192.660(2)(a) to discuss employment of a public officer.
XI. EXECUTIVE SESSION pursuant to ORS 192.660(2)(a) to consider the employment
of a public officer.
Rob Hernandez moved to adjourn to Executive Session, Kelley Johnson seconded
and the meeting was adjourned to Executive Session at 8:11 p.m.
Mr. Clayton stated that no action will be taken after the Executive Session and the
regular meeting will adjourn as soon as the session adjourns.
XII. ADJOURNMENT
No further action was taken and the meeting was adjourned at 8:43 p.m.
The foregoing minutes of the August 11, 2022, Council meeting were approved by the City
Council at its meeting of _________________, 2022.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
5.A
Packet Pg. 7 Minutes Acceptance: Minutes of Aug 11, 2022 7:00 PM (CONSENT AGENDA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Deanna Casey, City Recorder
MEETING DATE: August 25, 2022
SUBJECT: OLCC Application - Mazatlan Grill
ACTION REQUIRED:
Motion
Consent Agenda Item
RECOMMENDATION:
The City has received an application from Mazatlan Grill for an OLCC license. They will be
located at the new Freeman Plaza building located at 98 Freeman Road. The Police
Department has run their background check and found no information pertinent to the request.
ATTACHMENTS:
1. Mazatlan OLCC letter
2. OLCC Mazatlan 1
5.B
Packet Pg. 8
QOLICF
No 155 South Second Street • Central Point, OR 97502 Kristine Allison
CENTRAL
POINT Ph: (541) 664-5578 • Fax: (541) 664-2705 • www.centralpointoregon.gov ChiefOREGON
Date: 08/17/2022
From: Captain Scott Logue
To: Honorable Mayor Williams
Subject: Request for OLCC License
RE: Mazatlan Group LLC./Persons associated therewith
Files of the Central Point Police Department contain no information pertinent to the
request.
Respectfully,
Captain Scott Logue
Central Point Police Department
Veaica 5 cS&twce, Gomm/ttei T &,reeiti ce
5.B.a
Packet Pg. 9 Attachment: Mazatlan OLCC letter (1578 : OLCC Application - Mazatlan)
UqUO R UCENSE APPUCATIOTI
F gerd3
Orcdt the +propriat€ liense request option:
,H.NewOudet | tr drarUe of Orrners.hb I u CreaErPrivrlee | tr tesserPriuihe
Sdect the license type you are apflyirgftr.
More infornption about all ficere tp is an$le m&re.
FutOn+lsnhs
lcommercial
ECaterer
EPublic Fassenger Grnbr
EOtherPublic tocation
trForProfit Prinate dub
ENonprorfttPrivate Oub
lMrwy
EPrimarylocation
Additional locations:E2nd n3rd tl4$t trstr
Srffit
EPrfmary locaHon
Mditianal locatiortsl n2rd tr3d
Brewery+rtrcllure
ElPrinnry location
Additbnal locatiors: tl2rd Elil
etrru SdePfttlegG
ElPrinnry location
Additi'onal loetions: E2nd E3rd
Dlstillery
El Prirnary location
Addtirdrrsfit3lodiar: Bad ed El*h trSthfFdr
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trOtrPrenbcs
trUfrehousr
tr UlholcsCc ildt Benrage rdlrhc
fiINTA.IFE(HY
leilcrdqrrccCsed:
5-24-22
tHmrrtdursils.cslke*
5-24-22
ulclrG(rRxrGstxxusEoilrY
Gilf/Gqrrtyrsrn:
City of Central Point
hapflcrUcrrcehrd:
Ogbn*Da$amp
tr Recanmerd $b lfurnse be granbd
tr necorfiErd t'hb lerxe be deni,ed
PrhbdlEn:Date
EtrtddtfrnnE
lnacstiabrnerne:
Chad M. Gray
Ennt'l:
chad.gray@oregon.gov
,{r
5.B.b
Packet Pg. 10 Attachment: OLCC Mazatlan 1 (1578 : OLCC Application - Mazatlan)
UQUOR TICENSE APPLICANON
Fr3r2dl
AlrPuouuTllrftnun'T(lil
ldenttfy the applkants appffiU for trc tiusc. Ihis b trre ent:ty {cmnph: oonontlon or ["tC}
or irdlvidual{s} applyirg forde liene- Pbs ad an additirnl ruc if nrre Se is needed-
Name of entity or ]rdivitlsl applinnt lf*
Mazaflan Group LLC
Ithme of enffiy or idivifrnl apflkant #2:
Name of ertily or irdividnl aplicart f3:l&me of enilfty or frdirHrnl applicarn #4:
ftqdses street addressnh pffi bcen of tic hsfirassadrl:rGtF nrsrrrsrlrft bG FosdFS Freeman Rd.
Btdrs ndlry adrcs (rhen re rt *d any ibms by mail a descrfred in 9AR 845{Of4065f11.):
P.O. Box 5592
Buslnesscrnaih
@lnail.com
ZipCode:
975tr2
&de:
Business phone numben
541-951€615
Ctty:
lvledford I CourtuJacksr
SHlLn **
Does the hniness ad*ess ament| hae an Ol-G
l'rl.nr frcens? D Yes El No
Does$e hr*rs aeessffredtlrave an OI-CC
marlirnm$errse? tr Yes EI No
B[rSrrEts llKnmArItilt
Trade llann of the Business gm adrE.crlril cF
lvlaza$an Grlll
Ermil:nosarms4l @gmatr.corr
ZlpCode:
97501
APPIIC/ITIOil COTUTACT [lRMIATf,Til
Phonenumber:
541-951-5615
Mailinaddress:
1080 Garfield sfe€t
I Cotrrrt5
JacksonCity:
ldedbrd
f.ontacttlarre:
CalbsZe@a
Please not€r liquor licene ryfl[cailias ae trbfc rasds"
5.B.b
Packet Pg. 11 Attachment: OLCC Mazatlan 1 (1578 : OLCC Application - Mazatlan)
LIQUO R LICE]IISE APPTICATION
PrElof 3
ATTESTANOilS
By sfnilqthisform,you atHthatdrof thefullwirgstahrnentsarctrue.l urderstand the
Commissbn may requie a lbns b prorridc prcd of any of $e below or bebw referenced
docurnents at ary tirne-
I understand that madjmna b prohthd on tfie lisrsed prernlses. Thk includes marijuana use,
consumption, irgestbn, inhalation, samphs, $nc-am!, sah, €fic. I atEstthat all ansrrers on all forms
and docrnnnt5 and all infrnnatbn prwidad todE OLCC u a part dthis applicatbn are true and
conrplete.
I affirm ftat I ]re rcad OAR 845fl5-0311 and all idiyirlmb {sole proprbtors} or entitbs with an
ownership irteest {oftert{ran miyable orrership inEmst perOAR 8{Il{XE"Gl11tGll are listed as
license applirnnts in #2 abane. I urderstand tlst failureto listan furdiyllual or entitywlrc has an un-
waimbh ormrership irrtercst inthe brsinessmayrsuh indenbl of nrylicenseortfieOLCCtakirg aetion
against nry lirnle in the sent tH an undi*-loed mrnerdrip interest isdlseuercd after license
issuane.
(.r^##rrf-1*f ru--_tt
Alty. Sar lnb (if applicabb|
Prtrmme stn*ttl lLb Afity. Berffi (if appliebb)
Prtrtnamc Sittrtra I!fr Arry.Fh(if apflkabh!
Prlrt narnc Stmrte h Afiy. hrlnb {if ap$icabh}
-.-.
5.B.b
Packet Pg. 12 Attachment: OLCC Mazatlan 1 (1578 : OLCC Application - Mazatlan)
OREGON LIQUOR CONTROL COMMISSION
FLOOR PLAN
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vldeo lfrry rwn lddst r€sfioqrsr our{dln gdoard sUemk c* ares,)lndded fa8esandoftals {seeew$eonHcttisfum}. hddefinssbpbrdrSlef yuuarcapflyirgbra
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5.B.b
Packet Pg. 13 Attachment: OLCC Mazatlan 1 (1578 : OLCC Application - Mazatlan)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Deanna Casey, City Recorder
MEETING DATE: August 25, 2022
SUBJECT: OLCC Application - Purple Parrot
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
Approval
The City has received two application for change of ownership for Central Point's Purple Parrot
locations.
Purple Parrot #5, 227 E. Pine Street
Purple Parrot #38 1350 Plaza Blvd Ste F
ORS requires new and change of ownership for OLCC applications to be approved by the City
Council. The Police Department has run their background check and found no information
pertinent to the request.
ATTACHMENTS:
1. OLCC - Purple Parrot #38
2. OLCC Letter Purple Parrot #38
3. OLCC - Purple Parot #5
4. OLCC Letter Purple Parrot #5
5.C
Packet Pg. 14
I-:QUOft LICEfIISE APFLSCATISH
Fage I *t $
eh*cle lh* appr*p riata licens*regue$t fipti*n
n ft*xji::$el I ersh
Purple Parrot #38
I il f-ffslsr*ryr-ty$ss$ I il L*sser Frivilsset
$*E*et the iie*nse typc ycu ar* *pplying fnr.
Mnr* infrrmatian ab*ut all l8e*ns* types is avaitable t:nlitg"
FUE{*n'Fremises
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flCIther Puhlic Locati*n
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ffiFg.imited 0n-Fremises
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ffi lff*rehc*s*
ff Wh*lesale lVlalt Severag* sfld liVine
IilTEAffAt USE OfIILY
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08t04t2022
Mlnimesn doeirrnent$ acqufired:
08104t2022
LOCA| 60\rEnilfiG EODY rlSF OilLY
Cfty/Cou*tf n*r?r6!
Date appllcrtion ruceiEed:
Optional: Date Starnp
il *ecornmend tfuis lkense be granted
fl Raconimend this license be denied
Pri*ed Name Date
Return tftis form to:
lnvestigatcr name;
Deborah Tenenholz
fnrail;
deborah.tene n h olz@oregon. gov
fll f f t J*r rnr I ie*cn 46.1,,{.iaa rs.,, nd I t arl
5.C.a
Packet Pg. 15 Attachment: OLCC - Purple Parrot #38 (1581 : OLCC Application - Purple Parrot)
s"IQUOR A-ICf; NSH APPLECAT$*N
Fxge fi of$
&ppg"$#Atr1lT Fru F**M&Yg#tr
id*ntffu th* apBlicants applying fsr the licsnse. Thi* is the entity {*xanrple: crrp*rati*n eir LLe}
*r inditid*at{s} apply!*g f*r the liecns*. Flsas* add an additi*nal pag* if mor€ spftf;* is ns*d*d.
Narne of entitli *r individual ag:plieant #1:
L**"t- &*e-K, {*LL
Name af entity *r lndividual *pplie*nt #?
Flam* *rf entity nr ie:divielual applieant S3:Nam* *f entity ar individunl npplieant #4;
ffi a.$$$rdffi $$ gtr F#ffi trMAYF*ffi
Trade f.jerne n{ the *usin*ss {n*roe cusrorners will see}:
7y',y trLr- {**,*a ts#38
*usiness plrcfie neinrber: I Business enrail:St*l"tul"q-?lq€t lef$*s**-rckut,e-m*v*r
Pr*migas stfl*et address {lhe Bhysical l$c*tion of the business *ndwhererhe liqu*r !ieen**will b* posred}:
tBS* pt*e*- iB{*J, %t*- g
fity: I Atp enCu, e*unry:
*.wt--g fob sru* I q 16e e *o*Kso*'
ffi*:*gnesx rmai[$ng ad#ress {whe re rrus wilg send any iter** by mail ns deseribed in #AKss5:{]fi#.{}-0$5tfl.}:
havc an *LflftwrrertLly
[.-fff{o
*f-State:
flses the busin*ss addrsss
rnarijuana lieens*? [J Yes
l)**s the busin*ss *ddr*ss eurr*ntly hav* an fiL{e
liqr.r*r f hense? ffies t-l lrio
g\€3 b&r q
f,ilvr "* J
b*_1$ €-*/L***
Lh-
I *"I d,ts Lsde:I tr*1 *t
I f;mail:I J*\;a*3"*6:***-.1' c**r^
Phcne Rug'::ber:
Mailing addr*ss:
Zip eod*:
tbl_ e-t-eo**l
fity
,J*\, *- il-*\ e
bu*-eJ
H*3 r*t-\ Eb'+
AFPI-E f,AYf; fu FJ C@ftI?Af,!' $ ffi FGRSSATiOf*
C*ntael FIa*mmr
St{l -%[m-3S{ee:
*r5LE$
f*unty:
La*n q-
Pleas* n*t*: liquor license ap6:licati*ns *re public r"ecsrds.
nl ra I let'ftr, t"*aea A*^lil*ti*a la*r. ft4 J4 a)1
5.C.a
Packet Pg. 16 Attachment: OLCC - Purple Parrot #38 (1581 : OLCC Application - Purple Parrot)
PiJr
tfi QLJOR t_Krf\|$E ApPLt CATilSf\J
Fage 3 of3
ATTHSTATIGN$
fiy signing tfuis fcrrn, you sttest that each af the fellorving statem*nts are true. I understand th*
Csmmissisn may require a licens*e ta prnvid* praof cf any of th* b*kw cr belcw refcrenced
d*cuments at any tim*.
I und$rstand th*t marijuar:a is prohfblted *n th* licensed prernises. This includes mnrijuana use,ffinsilmpii*n, ingmsti*n, inh*iati*n, samples, give-away, sale, ctr" I attest that all ans$rers on all forms*nd doeumcnts, and all inf*rmatici* pr*vided ta the ffLCC as a part sf thls appti*atian *re trus and
c*mrpleie.
I nffirrn that I have r*ad SAe.S$5-stSJ[31] and all individuals {sc!e prcprictcrs} ur entities nrith an
awn*rship interest {nther than waivable cwnership inter*st pen oAR *45-s05-ff311{63} arc listed as
lie*nsc applice*ts in #? ahsv*. I und*rstand that failure ts list an individual sr siltity who has an un*
waivabls ownarsiriB int*rest in the busine$s rnsy result in d*nial of my lleense or the StC{ taking sction
against my lice**e in the event tlrat an r.lndisclos*d awnership interest !s diseov*red aftsr license
iss*.*ane*"
-*-/ nWYt>
Print name Dat€Atty. Bar lnfc {if applieahle}
Print nsme $ignaqure Sate Atty. *ar tnfo {if applieahfe}
Print naffie Signature Date Atty. Bar lnfo {if applicable}
Prifit fiam*Signature Date Atty. Bar lnfo {if applicable}
OLCC lisuor L{*n$e Anpli(ation {Rav. {M. tg 2?l
5.C.a
Packet Pg. 17 Attachment: OLCC - Purple Parrot #38 (1581 : OLCC Application - Purple Parrot)
vOLICF
TF 155 South Second Street • Central Point, OR 97502 Kristine Allison
CENTRAL
POINT Ph: (541) 664-5578 • Fax: (541) 664-2705 • www.centralpointoregon.gov Chief
OREGON
Date: 08/18/2022
From: Captain Scott Logue
To: Honorable Mayor Williams
Subject: Request for OLCC License
RE: Lost Creek LLC Purple Parrot #38 Persons associated therewith
Files of the Central Point Police Department contain no information pertinent to the
request.
Respectfully,
Ca• ain Scott Logue
Central Point Police Department
I
I
1 Vearcated T c'ep-uice, Cohrmritted T &ed&e&e&
I
5.C.b
Packet Pg. 18 Attachment: OLCC Letter Purple Parrot #38 (1581 : OLCC Application - Purple Parrot)
ilqu$ m S"ECHN$E ApPUCATlSfqj
Fage tr ol 3
Purple Parrot #5
| il Gr,ealer Friqilesc I il Le{ssj frisjleqq
{Ft*ck th* apprc
il Ne!{g;rtlet I
license reque$t apti*n:p
ll
Se*eet th* lieense type ysil are applyi*g fcr.
More infarmati*n *bcut all licens* types is evailable orl.lif$.
S*ll Sn-Frss*isp*
ilCcmm*rcinl
ilf*terer
l-iPublie Fass**g*r *arrier
il*ther Public !-scatimn
ilF*r Frsfit Friv*t* frlub
ilHcnpr*fit Frivate elub
l&linery
ilJFrinr*ry l*c*ti*n
Additi*raallac*ti*ns; ilZnd nSrd il4gh ilSth
Srew*rg
ilFninnary lceaticn
Additi*nal loeations: il?nd fi3rd
Br*rrrery*Puh$le Flouse
ffiFnirnary lseatisn
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ffi rsuwcr Sales Fr$w*lege
t) Prinr*e"y Er:e*ti*r'l
Additi*nal lacatinns: tl?nd t*l3rd
ffifstilierg
[f Frimary t*satinn
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Eflircr;tnd Srs-Frem$ses
n gff Fy*mEses
ill hVarehous*
flWhclesa$e hdalt B**ermge and Wine
IHTHRFIAT A'$E OIULV
AppSEcation receined:
08t04t2022
Minlnnum dscusn*slb ncqufi red:
08t04t2022
LO{AI GSIfEf,HFfiG E&O? UsE OtrTY
CryfCourlty nsnns:
Det* applledEn receivsd:
Optlonah 0ate Stamp
..
il *ecornrnend this lic*nse be granted
il Re*ornrnend this l*cense be denied
Printed Narne D*te
Fetum thi*furrn to;
lnvastiqator name:
Debo-rah Tenenholz
Smail:
Debo rah.Tenen holz@oregon. gov
5.C.c
Packet Pg. 19 Attachment: OLCC - Purple Parot #5 (1581 : OLCC Application - Purple Parrot)
? \rtlt:Alunm:lrryhLb:ap*; d;7? 14? fu*uq:Atf:q*& *n t ft e :ss*rppssur;rryqot^s? " lY-*-fu g=. !o " :\v\1,,_** ifi"r*E**1&- xhslaqufiil cuor4d" iQ^\rs€Pl{n{-1t:sa$ryhj l*a3il{33slot.r.vlfituoiru g l.3vLN03 N*!t"v3F"tddv'spr{:}sr :qqnd a:a sunll*t1;clde ssuasll .t*nbgg :al*u asre;6€ $s A sF€efcru il saAF a#s*F:rltnnbrgf;t'1fi us aner;{;lua*n: ssalpp€ $sarjrsRq aL{} $a#fiI?s i _vru++ [r^*:alergl f *':Ail).-q -1b"qT tnt:lffiutpsqll}sap$ellPl"ijdqsuall{uepuas|t!MaiAa*aqm}ssBlppgfiu11g*aars$aulcnfi*tt{j:JSEr#RJ9# + *-**# Tgd ss*ursnglI #{,6Slleuib sc*ursngx'{r *} ':{palrod eq lrfi #sue}ll lonbg; aqt ataqel pue sssulsrq i}Ll} !o uelte}ol I%**pr.'. *t^.6f d:ferhl#l spA n ;asua3|!suanf*.reuJ3:)1G r"ts erleq xglu*"rn3 ss;FJpp8 ssautsn{E aq} ss$*+\, l *d Y.*{**}:u{f!3:{sss Hti6 sra*jot$n} aurBu},SSAL{lSn€ Ai{} }* B{LNHh! tpglgfil O{IV}\AU0d [rI$ $S:lFd lgn fl1a hLb;apca dr7€ *U '3 Lzzm;sAqd at]:lss*Jppe *A*JSS seqnlsJda itub_ hr}q_thSxqSLb:*p*3 dr;a,.A."ssx": {.:AlL{n0:}"p*psttt sq a:eds BJ*ul J! a$ed 6euorlgpps {rs ppe ess*ld 'asr.Is:t! stl} l*} $r,t;41#de {s}g*nplnrpu; :a{3"n ;n u*;3e:ed;a: :agdrucxai &}l}u; aqt sr s,ql 'ssus;!l $q} re} sur*fudde struarr;dde aqi dil*x*plhi*fr ava6usj flg g ttrvmf"tddv-3a-1 , ?q?" t; +$o"\:1g 1r:e*rgddp lsnplqlBut "rc i;1aue ,o &rjJef{g6 Sumtldde lEnptrltpul :o AtrSuu Js sl$$FJ:gg true:r;dde lsftpl^lput ;c 4tr1lu* lCI auieftJ;pg gue*r1dds lenp!^lput ro i?ltup Jo arusNNSlIVlffi ddv 3sNs3$t usfib$]5.C.c
Packet Pg. 20 Attachment: OLCC - Purple Parot #5 (1581 : OLCC Application - Purple Parrot)
LIqUff * LICShISE AFFTICATION
Page 3 qf 3
AT?f;STATISf*S
8y signing this f*rm, you attcst that each sf the following $taterneilts are true. I und*rstand th*
Cnmlnissicn may require a lieenses tc pravid* prcof cf any of the belcw cr belcw refer*nced
dseuments st snV t;ffie.
I understand that rnarijuana is prohihited on the licensed prernises. Thls includes r*anijuaRa use,
c*nsumptiun, ing*stion, inhalation, sampl*s, give-away, sals, *tf. I attsst that all answcrs on allferms
and dscunrents, and all infmrmation provided tr the OLee as e part *f this appli**tian are true and
e*mpl*te.
I affirm that I have read Q&E S45-QS$-$$1land all individuals {scle prcprlet*rs} or entitias with an
*wnership interest {other than waivahl* awnership lnt*rest p*r *Ail n45-0S5-0S11lfr]] ane listed as
license applicants in S? ab*ve. I undnrsfand thal failurs tc list an individual sr entity who has an rn-
waivabl* ownership interest in the business may result in d*nial af my license ar the OLf,C teking actisn
ageinst my license in the event that an undiselnsed cvunership interest is dise*vered after license
issuanc*.
ruicL&{-l fA*#r"Er *lz{:"z-
Prinl $arn*Sisnetur*ilat€Atty" B*r inf* {if apBlic*ble}
Print name Signature Dat*Atty. Bffr lnfa iif *pplicahle]
Frint narne $ignatur*Dete &tty. Bar lnfs tif applieable)
Prirrt name Sign*ture Sate Atty" Bar lnfa {if applicable}
Rl.Cf I irrjnr I i.Frc Annliratinn aRpv A4 1l t)l
5.C.c
Packet Pg. 21 Attachment: OLCC - Purple Parot #5 (1581 : OLCC Application - Purple Parrot)
OL CF
TYOF 155 South Second Street • Central Point, OR 97502 Kristine Allison
CENTRAL
POINT Ph: (541) 664-5578 • Fax: (541) 664-2705 • www.centralpointoregon.gov ChiefOREGON
Date: 08/18/2022
From: Captain Scott Logue
To: Honorable Mayor Williams
Subject: Request for OLCC License
RE: Lost Creek LLC Purple Parrot #5 Persons associated therewith
Files of the Central Point Police Department contain no information pertinent to the
request.
Respectfully,
Captain Scott Logue
Central Point Police Department
Vacated 5 cSe vice, Committed 5 ,r&e&leyce
5.C.d
Packet Pg. 22 Attachment: OLCC Letter Purple Parrot #5 (1581 : OLCC Application - Purple Parrot)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Stephanie Holtey, Planning Director
MEETING DATE: August 25, 2022
SUBJECT: Resolution No. ________, A Resolution to Annex 55.24 Acres Located on
Property Identified by the Jackson County Assessor's Map AS
37S2W02D Tax Lot 2001, 37S2W11A Tax Lots 102 AND 28100,
37S2W12B Tax Lots 502 and 505; and 37S2W12C Tax Lots 301 and
805. Applicant: City of Central Point
ACTION REQUIRED:
Public Hearing
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
On January 13, 2022, the Central Point City Council approved Resolution No. 1695, a
Resolution of Intent to annex City-owned properties along the Bear Creek Greenway
(“Greenway”). The subject properties were impacted by wildfire in 2019. The properties are part
of a Fire Area Master Plan that will guide developing this area as park facility with active and
passive recreation opportunities while incorporating wildfire mitigation and habitat restoration.
To fund and construct the improvements, it is necessary that these properties be annexed into
the City limits.
At this time, the City Council is considering a Resolution to annex 55.24 acres within the Bear
Creek Greenway (BCG) zone south of Peninger Road, north of Table Rock Rd and east of
Interstate 5 (Exhibit “A” and Exhibit “B”). The properties are identified on the Jackson County
Assessor’s Map as 37S2W02D Tax Lot 2001, 37S2W11A Tax Lots 102 and 28100, 37S2W12B
Tax Lots 502 and 505, and 37S2W12C Tax Lots 301 and 805.
FINANCIAL ANALYSIS:
The annexation has incurred costs to prepare the map of survey and legal description. All other
costs associated with the annexation are in-kind cost for staff time.
LEGAL ANALYSIS:
ORS 222.125 authorizes annexation of property contiguous to cities when all of the owners of
land and a majority of electors consent. CPMC 1.20 vests the City Council with the authority to
order the annexation of unincorporated territory in the Urban Growth Boundary into the City of
Central Point.
1. Written Consent: This annexation is a ‘full consent annexation’ since the sole property
7.A
Packet Pg. 23
owner is the City of Central Point. The City Council has consented to it in writing via
Resolution No 1695. Accordingly, pursuant to ORS 222.125 and CPMC 1.24.020, the
City Council may order the annexation without notice, hearing or election. However, the
Council has elected to proceed with a hearing.
2. Contiguous to City Limits: Pursuant to ORS 222.111, territory proposed for
annexation must be contiguous to the City or separated from it only by a public right-of-
way or a stream, lake or other body of water. The subject annexation area is contiguous
to the city limits along several property boundary segments and is separated from the
city limits boundary to the west only by Oregon Department of Transportation right-of-
way.
3. Within Urban Growth Boundary (UGB): The annexation territory is within the Urban
Growth Boundary of Central Point and is in compliance with the City-County Urban
Growth Boundary and Policy Agreement of September 1984 and amended in 1998.
4. Orderly Provision of Public Facilities: The City-County Urban Growth Boundary and
Policy Agreement requires that, in considering an annexation, urban facilities and
services must be adequate in condition and capacity to accommodate the additional
level of growth allowed by the Comprehensive Plan within the annexation area prior to or
concurrent with the development. The subject properties are within the Bear Creek
Greenway. Services are limited to water, emergency vehicle and pedestrian access. As
the site develops as a recreational amenity, it will take advantage of existing services.
5. Duly noticed and advertised notice of public hearing: Pursuant to ORS 222.120,
notice of the hearing was published for the City Council meeting on August 14, 2022 and
August 21, 2022 in the Mail Tribune newspaper and notice was posted in four (4) public
locations. In addition, on August 17, 2022 the notice was mailed to property owners
within 250-feet of the proposed annexation area.
Due to a timing error in the mailed notice, it will be necessary to continue the public
hearing to the September 8, 2022 City Council meeting. This will provide members of the
public a minimum of 20-days to provide written and/or oral testimony before the public
hearing is closed.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Responsible Governance Goal 6: Prepare as a resilient city with the capabilities required
across the whole community to prevent, protect against, mitigate, respond to and recover from
the threats and hazards that pose the greatest risk.
Comment: The proposed annexation brings land into the city limits that poses a significant
wildfire risk to the community. As a result of the proposed annexation, the City will be in a
position to acquire and allocate funding to construct improvements that mitigate wildfire risk
while restoring habitat along Bear and Elk Creeks and providing active and passive recreation
amenities for the community.
Community Investment, Goal 2: Be a city filled with happy, healthy people who are thriving.
Strategy 5: Plan, design, build and maintain a comprehensive system of sustainable facilities,
trails and park spaces (setting the highest standards) to provide attractive places people will use
and enjoy. Acquire additional lands for active and passive recreation use based on current
deficiencies and public demands created by increasing population or the environmental and
recreational significance of the area.
Comment: The proposed annexation is a pre-requisite to funding and constructing the parks and
7.A
Packet Pg. 24
recreation amenities set forth in the Bear Creek Greenway Fire Area Master Plan. The facilities
will ultimately align with the aspiration articulated in Strategy 5.
STAFF RECOMMENDATION:
Open a public hearing and consider annexation of 55.24 acres located along the Bear Creek
and continue the public hearing to September 8, 2022.
RECOMMENDED MOTION:
No motion is recommended at this time.
ATTACHMENTS:
1. Resolution to Annex BCG Properties
2. Exhibit A - Legal Description
3. Exhibit B - Map of Survey
7.A
Packet Pg. 25
RESOLUTION NO.____________
A RESOLUTION TO ANNEX 55.24 ACRES,
LOCATED ON PROPERTY IDENTIFIED BY THE JACKSON COUNTY
ASSESSOR’S MAP AS 37S2W02D TAX LOT 2001, 37S2W11A TAX LOTS 102 AND 28100,
37S2W12B TAX LOTS 502 AND 505; AND 37S2W12C TAX LOTS 301 AND 805.
APPLICANT: CITY OF CENTRAL POINT
RECITALS:
A. The City of Central Point owns seven (7) tax lots located within the Bear Creek Greenway
generally described by Exhibit A, which are not located within the City of Central Point city
limits.
B. The Central Point City Council (the Council) is authorized under ORS 222.125 to annex
property into the City without otherwise holding an election or calling a public hearing
where all the owners of land in the territory to be annexed and not less than 50% of the
electors, if any, residing in such territory, consent in writing to the annexation of land.
C. All of the land within the territory is owned by the City.
D. This annexation is a full consent annexation as the City of Central Point City Council have
consented to the annexation in Resolution No. 1695.
E. Though a public hearing is not required, on August 25, 2022 and September 8, 2022, the
Council conducted a duly noticed public hearing on the annexation application, at which
time it reviewed the City staff report, heard testimony and comments on the application to
annex the 55.24 acre property specifically described in attached Exhibits “A” Legal
Description and Exhibit “B” Annexation Map of Survey and find it is in the public interest
to annex said property into City limits.
F. The City Manager, or designee, will transmit a copy of this resolution to the Oregon
Secretary of State, and this annexation is effective when filed with the Oregon Secretary
of State pursuant to ORS. 222.180.
The City of Central Point resolves as follows:
Section 1: The properties within the Bear Creek Greenway, described in the above recitals
and set forth in attached Exhibits “A” and “B” are proclaimed to be annexed to the City of
Central Point.
Passed by the Council and signed by me in authentication of its passage this ____ day of
September, 2022.
_____________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
7.A.a
Packet Pg. 26 Attachment: Resolution to Annex BCG Properties [Revision 1] (1580 : Bear Creek Greenway Annexation)
7.A.bPacket Pg. 27Attachment: Exhibit A - Legal Description (1580 : Bear Creek Greenway Annexation)
7.A.cPacket Pg. 28Attachment: Exhibit B - Map of Survey (1580 : Bear Creek Greenway Annexation)
7.A.cPacket Pg. 29Attachment: Exhibit B - Map of Survey (1580 : Bear Creek Greenway Annexation)
7.A.cPacket Pg. 30Attachment: Exhibit B - Map of Survey (1580 : Bear Creek Greenway Annexation)
7.A.cPacket Pg. 31Attachment: Exhibit B - Map of Survey (1580 : Bear Creek Greenway Annexation)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Parks and Recreation
FROM: Dave Jacob, Park Planner
MEETING DATE: August 25, 2022
SUBJECT: Dennis Richardson Memorial - Plaque Review
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Construction of the Dennis Richardson Memorial is expected to begin in early September of this
year. As part of the project, it was suggested by staff that a plaque should be included to
provide background on Mr. Richardson public life. With assistance from family and those who
knew him best, a design and language for the plaque was created. An initial proof of the design
is attached for review. A portion of the funds for the plaque will come from the Central Point
Parks and Recreation Foundation using funds donated specifically for the memorial. When
completed the plaque will be attached to a boulder donated by Bill Leavens owner of L & S
Rock Products.
FINANCIAL ANALYSIS:
Total cost for the plaque is $3,826.00. The Parks and Recreation Foundation has provided
$2,375.00 which was donated specifically for the memorial. The city will pay the additional
$1,451.00 from memorial project construction funds.
LEGAL ANALYSIS:
Not Applicable
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Not Applicable
STAFF RECOMMENDATION:
8.A
Packet Pg. 32
Staff recommends approval of the plaque language and design.
RECOMMENDED MOTION:
I move to approve the Dennis Richardson Memorial plaque language and design as presented.
ATTACHMENTS:
1. Richardson Plaque Proof 8-17-22(2)
8.A
Packet Pg. 33
Kerned text to allow for production method
PLEASE NOTE THE FOLLOWING:
7.94”W x 9.95”H
1
1300-V.Oxidized (STND)LowGloss
Satin
Blind:Standard Stud
SIZE
QTY
FINISH
CLEAR
MOUNT
-
-
-
-
-
BAS RELIEF
Artist: Jesse Revland ext 1947
6195256 SSS-506 RICHARDSON Joe T.@ ext.1861
2044678
1/1Bronze16”W x 24”H1Painted Edges-1/2"deep CastRectangle(or Square)Raised Copy-Horizontal Stroke
Leatherette-w/Brushed Surface
Single Line Border
1315-Dark Oxide Painted
Per Artfile Supplied
Satin
Blind:Standard Stud
No Rosettes Required
No
8/16/2022
Bronze 1315 Dark Oxide
RAISED RECESSED
DATE:SALESPERSON:ORDER #:CUSTOMER PO #:Page:CAST PLAQUEMATERIALSIZEQTYDEPTHSHAPECOPY
FINISH
BORDER
COLOR
STYLE
CLEAR
MOUNT
ROSETTES
PATTERN
------
-
-
-
-
-
-
-
-
VERSION:1
RTF:
● YOUR SCULPTING PROCESS WILL BEGIN AFTER INITIAL MOCK UP IS APPROVED. ● PLEASE DISREGARD AUTOMATED SHIP DATE AFTER FIRST APPROVAL● YOU WILL RECEIVE AN ADDITIONAL PROOF FOR THE SCULPT TO REVIEW BEFORE THE CASTING PROCESS.● ONCE THE FINAL SCULPT IS APPROVED, THE PROJECTED SHIP DATE WILL ADJUST TO ALLOW FOR STANDARD PRODUCTION DAYS. BAS RELIEF MOCK UPINITIAL DIGITAL PROOF IS FOR VISUAL PURPOSES ONLY.PLEASE VERIFY ORIENTATION, CROPPING, SIZE & PLACEMENT OF THE SCULPT IS AS YOU WANT IT ON THE FINAL PRODUCT.8.A.a
Packet Pg. 34 Attachment: Richardson Plaque Proof 8-17-22(2) (1579 : Dennis Richardson Memorial - Plaque Review)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Police Department
FROM: Scott Logue, Police Captain
MEETING DATE: August 25, 2022
SUBJECT: Ballot Measure 114 - Information
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
Oregon Ballot Measure 114, if passed by voters, would require citizens to obtain a permit to
purchase firearms. That permitting process is to be conducted by local law enforcement and
has several requirements placed upon law enforcement and the applicant. Ballot Measure 114
would also outlaw ammunition magazines capable of holding more than 10 rounds. Ballot
Measure 114 does not allocate any funding to local law enforcement for the implementation of
the measure.
ATTACHMENTS:
1. Oregon_Measure_114_full_text_(2022)
8.B
Packet Pg. 35
PAGE - 1 New sections are in boldfaced type. Matter in amended sections in boldfaced type is new; matter [struck through and bracketed] is intended to be omitted.
PREAMBLE
Whereas the People of the State of Oregon have seen a sharp increase in gun sales, gun violence, and raised fear in
Oregonians of armed intimidation, it is imperative to enhance public health and safety in all communities; and
Whereas the gun violence in Oregon and the United States, resulting in horrific deaths and devastating injuries due to
mass shootings, homicides and suicides is unacceptable at any level, and the availability of firearms, including
semiautomatic assault rifles and pistols with accompanying large-capacity ammunition magazines, pose a grave and
immediate risk to the health, safety and well-being of the citizens of this State, particularly our youth; and
Whereas Oregon currently has no permit requirements for purchasing a semiautomatic assault firearm or any other type
of weapon and studies have shown that permits-to-purchase reduce firearm-related injuries and death and studies further
have shown that firearm ownership or access to firearms triples the risk of suicide and doubles the risk of homicide when
compared to someone who does not have access, this measure will require that anyone purchasing a firearm must first
complete a safety training course, successfully pass a full background check and, only then, will an individual be granted a
permit-to-purchase a firearm, so that firearms are kept out of dangerous hands; and
Whereas large-capacity magazines are often associated with semiautomatic assault rifles, and can also be used with many
semiautomatic firearms including shotguns and pistols, and estimates suggest that nearly 40% of crime guns used in serious
violent crimes, including attacks on law enforcement officers, are equipped with large-capacity magazines; and
Whereas firearms equipped with large-capacity magazines increase casualties by allowing a shooter to continue firing for
longer periods of time before reloading, thus explaining their use in all 10 of the deadliest mass shootings since 2009, and
in mass shooting events from 2009 to 2018 where the use of large-capacity magazines caused twice as many deaths and 14
times as many injuries, including the 2015 shooting at Umpqua Community College in Roseburg, Oregon in which 10 people
were killed and 7 more were injured; and
Whereas restrictions on high-capacity magazines during the 10-year federal ban from 1994-2004 and the ban in over nine
(9) states and the District of Columbia have been found to reduce the number of fatalities and injuries in shooting
incidents, this measure will enhance the safety of residents, particularly children, of this state by prohibiting the
manufacture, sale, or transfer of large-capacity ammunition magazines and regulate the use of such magazines that are
currently owned;
Now, therefore:
Be It Enacted by the People of the State of Oregon
SECTION 1. Sections 2 to 11 of this 2022 Act are added to and made a part of ORS 166.210 to 166.490.
SECTION 2. The People of the State of Oregon find and declare that regulation of sale, purchase and otherwise transferring
of all firearms and restriction of the manufacture, import, sale, purchase, transfer, use and possession of ammunition
magazines to those that hold no more than 10 rounds will promote the public health and safety of the residents of this
state and this Act shall be known as the Reduction of Gun Violence Act.
DEFINTIONS
SECTION 3. Definitions. As used in sections 3 to 10 of this 2022 Act:
(1) “Criminal background check” has the same meaning given to this term in ORS 166.432(1)(a) to (e).
(2) “Department” means the Department of State Police.
(3) “Gun dealer” means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise
transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise.
(4) “Permit” or “permit-to-purchase” mean an authorization issued to a person to purchase or acquire a firearm,
provided all other requirements at the time of purchase or acquisition are met.
(5) “Permit Agent” means a county sheriff or police chief with jurisdiction over the residence of the person making an
application for a permit-to-purchase, or their designees.
(6) “Transfer” has the meaning given that term in ORS 166.435(1)(a).
(7) “Transferor” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923
8.B.a
Packet Pg. 36 Attachment: Oregon_Measure_114_full_text_(2022) (1583 : Ballot Measure 114)
PAGE - 2 New sections are in boldfaced type. Matter in amended sections in boldfaced type is new; matter [struck through and bracketed] is intended to be omitted.
and who intends to deliver a firearm to a transferee.
PERMIT-TO-PURCHASE PROCESS
SECTION 4.
(1)(a) A person may apply for a permit-to-purchase a firearm or firearms under this section to the police chief or county
sheriff with jurisdiction over the residence of the person making the application, or their designees, hereinafter referred to
as “permit agent”. (b) A person is qualified to be issued a permit-to-purchase under this section if the person:
(A) Is not prohibited from purchasing or acquiring a firearm under state or federal law, including but not limited to
successfully completing a criminal background check as described under paragraph (e) of this subsection;
(B) Is not the subject of an order described in ORS 166.525 to 166.543;
(C) Does not present reasonable grounds for a permit agent to conclude that the applicant has been or is reasonably likely
to be a danger to self or others, or to the community at large, as a result of the applicant’s mental or psychological state or
as demonstrated by the applicant’s past pattern of behavior involving unlawful violence or threats of unlawful violence;
(D) Provides proof of completion of a firearm safety course as defined in subsection (8) of this section; and
(E) Pays the fee described in paragraph (b) of subsection (3) of this section.
(c) An application for a permit under this section must state the applicant’s legal name, current address and telephone
number, date and place of birth, physical description, and any additional information determined necessary by department
rules. The application must be signed by the applicant in front of the permit agent.
(d) The permit agent shall verify the applicant’s identity with a government-issued form of identification bearing a
photograph of the applicant.
(e) The applicant must submit to fingerprinting and photographing by the permit agent. The permit agent shall fingerprint
and photograph the applicant and shall conduct any investigation necessary to determine whether the applicant meets the
qualifications described in paragraph (b) of this section. The permit agent shall request the department to conduct a
criminal background check, including but not limited to a fingerprint identification, through the Federal Bureau of
Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal background check and may not keep any record of the fingerprints. Upon completion of the criminal background check and
determination of whether the permit applicant is qualified or disqualified from purchasing or otherwise acquiring a firearm
the department shall report the results, including the outcome of the fingerprint-based criminal background check, to the
permit agent.
(2)(a) If during the background check, the department determines that:
(A) A purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), the department shall report the
attempted application for a permit, the purchaser’s name and any other personally identifiable information to all federal,
state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where
the attempted application for a permit was made and where the permit applicant resides;
(B) Based on the judgment of conviction, the permit applicant is prohibited from possessing a firearm as a condition of
probation or that the permit applicant is currently on post-prison supervision or parole, the department shall report the
attempted application for a permit to the permit applicant’s supervising officer and the district attorney of the county in which the conviction occurred.
(C) The permit applicant is prohibited from possessing a firearm due to a court order described in ORS 166.255 (1)(a), the
department shall report the attempted application for a permit to the court that issued the order.
(D) The permit applicant is under the jurisdiction of the Psychiatric Security Review Board, the department shall report
the attempted application for a permit to the board.
(b) Reports required by paragraphs (A) to (D) of subsection (2)(a) shall be made within 24 hours after the determination is
made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.
(c) On or before January 31 of each year, beginning in 2024, the department shall annually publish a report indicating for each county the number of applications made to any permit agent, the number of permits-to-purchase issued and the
number of permits-to-purchase denied and the reasons for denial. The department may, by rule, include any additional
8.B.a
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information that it determines would be helpful to ensuring the permit-to-purchase process is being administered in a
consistent and equitable manner.
(3)(a) Within 30 days of receiving an application for a permit under this section, if the permit agent has verified the applicant’s identity and determined that the applicant has met each of the qualifications described in paragraph (1)(b) of
this section, the permit agent shall issue the permit-to-purchase.
(b) The permit agent may charge a reasonable fee reflecting the actual cost of the process but shall not exceed $65,
including the cost of fingerprinting, photographing and obtaining a criminal background check.
(4)(a) The department shall develop:
(A) A standardized application form for a permit under this section; and
(B) A form in quadruplicate for use by permit agents in issuing permits under this section.
(b) The issuing permit agent shall maintain a copy of each permit issued under this section.
(c) The person named in a permit shall:
(A) Maintain a copy of the permit as long as the permit is valid.
(B) Present a copy of the permit to the gun dealer or transferor of a firearm when required under ORS 166.412, 166.435,
166.436 or 166.438.
(5)(a) The permit agent shall report the issuance of a permit under this section to the department, and shall provide to the
department a copy of the permit and any information necessary for the department to maintain an electronic searchable
database of all permits issued under this section. A permit agent revoking a permit shall report the revocation to the department at the time that notice of the revocation has been sent to the permit holder.
(b) The department shall maintain the electronic database described in paragraph (a) of this subsection by ensuring that
new permits are added to the database, renewed permits are assigned a new expiration date, and expired or revoked
permits are marked expired or revoked but retained in the database.
(6)(a) A permit-to-purchase issued under this section does not create any right of the permit holder to receive a firearm.
(b) A permit-to-purchase issued under this section is not a limit on the number of firearms the permit holder may
purchase or acquire during the time period when the permit is valid.
(7)(a) A permit-to-purchase issued under this section is valid for five years from the date of issuance, unless revoked.
(b) A person may renew an unexpired permit issued under this section by repeating the procedures set forth in subsection
(1) of this section, except:
(A) A full finger print set does not need to be taken again if the original set has been retained by the permit agent or is
otherwise available; and
(B) The training course does not need to be completed, provided the course previously taken fully complies with each of
the requirements set forth in subsection 8 of this section.
(c)The permit agent may charge a reasonable fee for renewal of the permit, reflecting the actual cost of the process but
shall not exceed $50, including the cost of obtaining a criminal background check and photographing.
(8) As used in this section, “proof of completion of a firearm safety course” means the following:
(a) Proof of completion of any firearms training course or class available to the general public that is offered by law
enforcement, a community college, or a private or public institution or organization or firearms training school utilizing
instructors certified by a law enforcement agency, and that includes the components set forth in paragraph (c) of this
subsection; or
(b) Proof of completion of any law enforcement firearms training course or class that is offered for security guards,
investigators, reserve law enforcement officers, or any other law enforcement officers, and that includes the components
set forth in paragraph (c) of this subsection;
(c) A firearms training course or class required for issuance of a permit-to-purchase must include:
(A) Review of federal and state laws in place at the time of the class and other safe practices related to ownership,
purchase, transfer, use and transportation of firearms;
(B) Review of federal and state safe storage laws in place at the time of the class and other safe practices related to safe
storage, including reporting lost and stolen guns;
8.B.a
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(C) Prevention of abuse or misuse of firearms, including the impact of homicide and suicide on families, communities and
the country as a whole; and
(D) In-person demonstration of the applicant’s ability to lock, load, unload, fire and store a firearm before an instructor
certified by a law enforcement agency. This requirement may be met separately from the other course requirements in subpargagraphs (A), (B) and (C) of paragraph (c), which may be completed in an on-line course, provided the on-line course
has been conducted by a trainer certified by law enforcement.
(d) Proof of successful completion of a training course in order to meet the requirements for a concealed handgun license
issued under ORS 166.291 and 166.292 may be submitted for a permit as a substitute for the requirements in paragraph (c)
of this subsection, provided the completed course included each of the components set forth in paragraph (c) of this
subsection.
(9) The department may adopt rules to carry out the provisions of this section.
PERMIT-TO-PURCHASE DUE PROCESS APPEAL
SECTION 5. (1) If the application for the permit-to-purchase is denied, the permit agent shall set forth in writing the
reasons for the denial. The denial shall be placed in the mail to the applicant by certified mail, restricted delivery, within 30
days after the application was made. If no decision is issued within 30 days, the person may seek review under the procedures in subsection (5) of this section.
(2) Notwithstanding subsections (1) to (3) of section 4 of this 2022 Act, and subject to review as provided in subsection (5)
of this section, a permit agent may deny a permit-to-purchase if the permit agent has reasonable grounds to believe that
the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of
the applicant’s mental or psychological state or as demonstrated by the applicant’s past pattern of behavior involving
unlawful violence or threats of unlawful violence.
(3)(a) Any act or condition that would prevent the issuance of a permit-to-purchase is cause for revoking a permit-to-
purchase.
(b) A permit agent may revoke a permit by serving upon the permittee a notice of revocation. The notice must contain the
grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and
return of service shall be included in the file of the permit holder. The revocation is effective upon the permit holder’s receipt of the notice.
(4) Any peace officer or corrections officer may seize a permit-to-purchase and return it to the issuing permit agent if the
permit is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person
from being issued a permit. The issuing permit agent shall hold the permit for 30 days. If the person is not charged with a
crime within the 30 days, the permit agent shall return the permit unless the permit agent revokes the permit as provided
in subsection (3) of this section.
(5) A person denied a permit-to-purchase or whose permit is revoked or not renewed may petition the circuit court in the
petitioner’s county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days
after the receipt of the notice of denial or revocation.
(6) The judgment affirming or overturning the permit agent’s decision shall be based on whether the petitioner meets the
criteria that are used for issuance of a permit-to-purchase and, if the petitioner was denied a permit, whether the permit agent has reasonable grounds for denial under subsection (2) of this section. Whenever the petitioner has been previously
sentenced for a crime under ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) or for a crime
of violence for which the person could have received a sentence of more than 10 years, the court shall grant relief only if
the court finds that relief should be granted in the interest of justice.
(7) Notwithstanding the provisions of ORS 9.320 (Necessity for employment of attorney), a party that is not a natural
person, the state or any city, county, district or other political subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under this section.
(8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as
practicable thereafter.
(9) Filing fees for actions shall be as for any civil action filed in the court. If the petitioner prevails, the amount of the filing
fee shall be paid by the respondent to the petitioner and may be incorporated into the court order. (10) Initial appeals of petitions shall be heard de novo.
8.B.a
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(11) Any party to a judgment under this section may appeal to the Court of Appeals in the same manner as for any other
civil action.
(12) If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
REQUIRES PERMITS FOR LICENSED DEALER SALES
SECTION 6. ORS 166.412 is amended to read:
(1) As used in this section:
(a) “Antique firearm” has the meaning given that term in 18 U.S.C. 921;
(b) “Department” means the Department of State Police;
(c) “Firearm” has the meaning given that term in ORS 166.210, except that it does not include an antique firearm;
(d) “Firearms transaction record” means the firearms transaction record required by 18 U.S.C. 921 to 929;
(e) “Firearms transaction thumbprint form” means a form provided by the department under
subsection (11) of this section;
(f) “Gun dealer” means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise
transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise; and
(g) “Purchaser” means a person who buys, leases or otherwise receives a firearm from a gun dealer.
(2) Except as provided in subsection[s (3)(c) and] (12) of this section, a gun dealer shall comply with the following before a
firearm is delivered to a purchaser:
(a) The purchaser shall present to the gun dealer current identification meeting the requirements of subsection (4) of this
section and a valid permit issued under section 4 of this 2022 Act.
(b) The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record.
(c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the
form to the gun dealer’s copy of the firearms transaction record to be filed with that copy.
(d) The gun dealer shall, [request] by telephone or computer, verify that the purchaser has a valid permit-to-purchase a
firearm issued under section 4 of this 2022 Act and request that the department conduct a criminal history record check on
the purchaser and shall provide the following information to the department:
(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer’s number of the firearm being transferred;
(F) The name and date of birth of the purchaser;
(G) The Social Security number of the purchaser if the purchaser voluntarily provides this number to the gun dealer; and
(H) The type, issuer and identification number of the identification presented by the purchaser.
(e) The gun dealer shall receive a unique approval number for the transfer from the department and record the approval
number on the firearms transaction record and on the firearms transaction thumbprint form.
(f) The gun dealer may destroy the firearms transaction thumbprint form five years after the completion of the firearms
transaction thumbprint form.
(3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately,
during the gun dealer’s telephone call or by return call:
(A) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS
166.470 from completing the purchase; and
(B) Notify the gun dealer when a purchaser is disqualified from completing the transfer or provide the gun dealer with a
unique approval number indicating that the purchaser is qualified to complete the transfer.
(b) If the department is unable to determine if the purchaser is qualified or disqualified from completing the transfer within
30 minutes, the department shall notify the gun dealer and provide the gun dealer with an estimate of the time when the
8.B.a
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department will provide the requested information.
(c) The dealer may not transfer the firearm unless the dealer receives a unique approval number from the
department and, within 48 hours of completing the transfer, the dealer shall notify the state that the transfer to the permit
holder was completed. [If the department fails to provide a unique approval number to a gun dealer or to notify the gun
dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer’s next
business day following the request by the gun dealer for a criminal history record check, the gun dealer may deliver the
firearm to the purchaser.]
(4)(a) Identification required of the purchaser under subsection (2) of this section shall include one piece of current
identification bearing a photograph and the date of birth of the purchaser that:
(A) Is issued under the authority of the United States Government, a state, a political subdivision of a state, a foreign
government, a political subdivision of a foreign government, an international governmental organization or an international
quasi-governmental organization; and
(B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an
individual.
(b) If the identification presented by the purchaser under paragraph (a) of this subsection does not include the current
address of the purchaser, the purchaser shall present a second piece of current identification that contains the current
address of the purchaser. The Superintendent of
State Police may specify by rule the type of identification that may be presented under this paragraph.
(c) The department may require that the gun dealer verify the identification of the purchaser if that identity is in question by
sending the thumbprints of the purchaser to the department.
(5) The department shall establish a telephone number that shall be operational seven days a week between the hours of 8
a.m. and 10 p.m. for the purpose of responding to inquiries from gun dealers for a criminal history record check under this
section.
(6) No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required
by this section provided the employee, official or agency acts in good faith and without malice.
(7)(a) The department may retain a record of the information obtained during a request for a criminal history record check
for no more than five years, except for the information provided to the dealer under subsection (2)(d) of this section, sufficient to reflect each firearm purchased by a permit holder, which must be attached to the electronic record of the
permit stored by the department. The department may develop a system for removal of the information in subsection
(2)(d)(E) of this section, upon proof of sale or transfer of the firearm to another permit holder and for recording of the
information to reflect the transfer of ownership to the permit of the new owner.
(b) The record of the information obtained during a request for a criminal history record check by a gun dealer is exempt
from disclosure under public records law.
(c) If the department determines that a purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), the
department shall report the attempted transfer, the purchaser’s name and any other personally identifiable information to all
federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations
where the attempted transfer was made and where the purchaser resides.
(d) If the department determines that, based on the judgment of conviction, the purchaser is prohibited from possessing a
firearm as a condition of probation or that the purchaser is currently on post-prison supervision or parole, the department
shall report the attempted transfer to the purchaser’s supervising officer and the district attorney of the county in which
the conviction occurred.
(e) If the department determines that the purchaser is prohibited from possessing a firearm due to a court order described
in ORS 166.255 (1)(a), the department shall report the attempted transfer to the court that issued the order.
(f) If the department determines that the purchaser is under the jurisdiction of the Psychiatric Security Review Board, the
department shall report the attempted transfer to the board.
(g) Reports required by paragraphs (c) to (f) of this subsection shall be made within 24 hours after the determination is
made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as
necessary to avoid compromising the investigation.
(h) On or before January 31 of each year, a law enforcement agency or a prosecuting attorney’s office that received a report
pursuant to paragraph (c) of this subsection during the previous calendar year shall inform the department of any action that
was taken concerning the report and the outcome of the action.
8.B.a
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(i) The department shall annually publish a written report, based on any information received under paragraph (h) of this
subsection, detailing the following information for the previous year:
(A) The number of purchasers whom the department determined were prohibited from possessing a firearm under ORS
166.250 (1)(c), arranged by category of prohibition;
(B) The number of reports made pursuant to paragraph (c) of this subsection;
(C) The number of investigations arising from the reports made pursuant to paragraph (c) of this subsection, the number of
investigations concluded and the number of investigations referred for prosecution, all arranged by category of prohibition;
and
(D) The number of criminal charges arising from the reports made pursuant to paragraph (c) of this subsection and the
disposition of the charges, both arranged by category of prohibition.
(8) A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms with the consent of a
gun dealer in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized
subpoena or search warrant.
(9) When a firearm is delivered, it shall be unloaded.
(10) In accordance with applicable provisions of ORS chapter 183, the Superintendent of State Police may adopt rules
necessary for:
(a) The design of the firearms transaction thumbprint form;
(b) The maintenance of a procedure to correct errors in the criminal records of the department;
(c) The provision of a security system to identify gun dealers that request a criminal history record check under subsection
(2) of this section; and
(d) The creation and maintenance of a database of the business hours of gun dealers.
(11) The department shall publish the firearms transaction thumbprint form and shall furnish the form to gun dealers on
application at cost.
(12) This section does not apply to transactions between persons licensed as dealers under 18 U.S.C 923.
(13)(a) If requested by a transferor who is not a gun dealer, a gun dealer may request a criminal background check pursuant
to ORS 166.435 or 166.438 and may charge a reasonable fee for providing the service.
(b) A gun dealer that requests a criminal background check under this subsection is immune from civil liability for any use of
the firearm by the recipient or transferee, provided that the gun dealer requests the criminal background check as described
in this section and also provided that the dealer verifies that the recipient has a valid permit-to-purchase the firearm
and the dealer has received a unique approval number from the department indicating successful completion of the
background check.
(14) Knowingly selling or delivering a firearm to a purchaser or transferee who does not have a valid permit-to-purchase a
firearm in violation of subsection 2(d) of this section, or prior to receiving a unique approval number from the department
based on the criminal background check in violation of subsection 3(c) of this section, is a Class A misdemeanor.
REQUIRES PERMITS FOR PRIVATE TRANSFERS
SECTION 7. ORS 166.435 is amended to read:
(1) As used in this section:
(a) “Transfer” means the delivery of a firearm from a transferor to a transferee, including, but not limited to, the sale, gift,
loan or lease of the firearm. “Transfer” does not include the temporary provision of a firearm to a transferee if the transferor
has no reason to believe the transferee is
prohibited from possessing a firearm or intends to use the firearm in the commission of a crime, and the provision occurs:
(A) At a shooting range, shooting gallery or other area designed for the purpose of target shooting, for use during target
practice, a firearms safety or training course or class or a similar lawful activity;
(B) For the purpose of hunting, trapping or target shooting, during the time in which the transferee is engaged in activities
related to hunting, trapping or target shooting;
(C) Under circumstances in which the transferee and the firearm are in the presence of the transferor;
(D) To a transferee who is in the business of repairing firearms, for the time during which the firearm is being repaired;
8.B.a
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(E) To a transferee who is in the business of making or repairing custom accessories for firearms, for the time during which
the accessories are being made or repaired; or
(F) For the purpose of preventing imminent death or serious physical injury, and the provision lasts only as long as is
necessary to prevent the death or serious physical injury.
(b) “Transferee” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and
who intends to receive a firearm from a transferor.
(c) “Transferor” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and
who intends to deliver a firearm to a transferee.
(2) Except as provided in ORS 166.436 and 166.438 and subsection (4) of this section, a transferor may not transfer a firearm
to a transferee unless the transfer is completed through a gun dealer as described in subsection (3) of this section.
(3)(a) A transferor may transfer a firearm to a transferee only as provided in this section. Except as provided in paragraph (b)
of this subsection, prior to the transfer both the transferor and the transferee must appear in person before a gun dealer,
with the firearm and a valid permit-to-purchase issued to the transferee under section 4 of this 2022 Act, and request that
the gun dealer perform a criminal background check on the transferee.
(b) If the transferor and the transferee reside over 40 miles from each other, the transferor may ship or deliver the firearm
to a gun dealer located near the transferee or a gun dealer designated by the transferee, and the transferor need not appear
before the gun dealer in person.
(c) A gun dealer who agrees to complete a transfer of a firearm under this section shall request a criminal history record
check on the transferee as described in ORS 166.412 and shall comply with all requirements of federal law.
(d) If, upon completion of a criminal background check, the gun dealer:
(A) Receives a unique approval number from the Department of State Police indicating that the transferee is qualified to
complete the transfer, the gun dealer shall notify the transferor, enter the firearm into the gun dealer’s inventory and transfer
the firearm to the transferee.
(B) Receives notification that the transferee is prohibited by state or federal law from possessing or receiving the firearm or
that the department is unable to determine if the transferee is qualified or disqualified from completing the
transfer, the gun dealer shall notify the transferor and neither the transferor nor the gun dealer shall transfer the
firearm to the transferee. If the transferor shipped or delivered the firearm to the gun dealer pursuant to paragraph (b) of this
subsection, the gun dealer shall comply with federal law when returning the firearm to the transferor.
(e) A gun dealer may charge a reasonable fee for facilitating a firearm transfer pursuant to this section.
(4) The requirements of subsections (2) and (3) of this section do not apply to:
(a) The transfer of a firearm by or to a law enforcement agency, or by or to a law enforcement officer, private security
professional or member of the Armed Forces of the United States, while that person is acting within the scope of official
duties.
(b) The transfer of a firearm as part of a firearm turn-in or buyback event, in which a law enforcement agency receives or
purchases firearms from members of the public.
(c) The transfer of a firearm to:
(A) A transferor’s spouse or domestic partner;
(B) A transferor’s parent or stepparent;
(C) A transferor’s child or stepchild;
(D) A transferor’s sibling;
(E) A transferor’s grandparent;
(F) A transferor’s grandchild;
(G) A transferor’s aunt or uncle;
(H) A transferor’s first cousin;
(I) A transferor’s niece or nephew; or
(J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.
(d) The transfer of a firearm that occurs because of the death of the firearm owner, provided that:
(A) The transfer is conducted or facilitated by a personal representative, as defined in ORS 111.005, or a trustee of a trust
created in a will; and
8.B.a
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(B) The transferee is related to the deceased firearm owner in a manner specified in paragraph (c) of this subsection.
(5)(a) A transferor who fails to comply with the requirements of this section commits a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, a transferor who fails to comply with the requirements of this section
commits a Class B felony if the transferor has a previous conviction under this section at the time of the offense.
REQUIRES PERMITS FOR ALL TRANSFERS AT GUN SHOWS
SECTION 8. ORS 166.436 is amended to read:
(1) The Department of State Police shall make the telephone number established under ORS 166.412 (5) available for
requests for criminal background checks under this section from persons who are not gun dealers and who are
transferring firearms at gun shows.
(2) Prior to transferring a firearm at a gun show, a transferor who is not a gun dealer [may request] shall by telephone
verify that the transferee has a valid permit-to-purchase a firearm under section 4 of this 2022 Act and request that the
department conduct a criminal background check on the recipient upon providing the following information to the
department:
(a) The name , address and telephone number of the transferor;
(b) The make , model, caliber and manufacturer's number of the firearm being transferred;
(c) The name, date of birth , race, sex and address of the recipient ;
(d) The Social Security number of the recipient if the recipient voluntarily provides that number ;
(e) The address of the place where the transfer is occurring; and
(f) The type, issuer and identification number of a current piece of
identification bearing a recent photograph of the recipient presented by the recipient. The identification presented by the
recipient must meet the requirements of ORS 166.412 (4)( a).
(3)(a) Upon receipt of a request for a criminal background check under this section, the department shall immediately,
during the telephone call or by return call:
(A) Determine from criminal records and other information available to it whether the recipient is disqualified under ORS
166.470 from completing the transfer or is otherwise prohibited by state or federal law from possessing a firearm; and
(B) Notify the transferor when a recipient is disqualified from completing the transfer or provide the transferor with a
unique approval number indicating that the recipient is qualified to complete the transfer. The unique approval number
is a permit valid for 24 hours for the requested transfer. If the firearm is not transferred from the transferor to the
recipient within 24 hours after receipt of the unique approval number, a new request must be made by the transferor.
(b) If the department is unable to determine whether the recipient is qualified for or disqualified from completing
the transfer within 30 minutes of receiving the request , the department shall notify the transferor and provide the
transferor with an estimate of the time when the department will provide the requested information.
(c) The transferor may not transfer the firearm unless the transferor receives a unique approval number from the
department and, within 48 hours of the completed transfer, the transferor shall notify the state that the transfer to the
permit holder was completed.
(4) A public employee or public agency incurs no criminal or civil liability for performing the criminal background checks
required by this section, provided the employee or agency acts in good faith and without malice.
(5)(a) The department may retain a record of the information obtained during a request for a criminal background check
under this section for the period of time provided in ORS 166.412 (7), as amended by this 2022 Act.
(b) The record of the information obtained during a request for a criminal background check under this section is exempt
from disclosure under public records law.
(c) If the department determines that a recipient is prohibited from possessing a firearm under ORS 166.250 (l)(c), the
department shall report the attempted transfer, the recipient's name and any other personally identifiable information to all
federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or
locations where the attempted transfer was made and where the recipient resides.
8.B.a
Packet Pg. 44 Attachment: Oregon_Measure_114_full_text_(2022) (1583 : Ballot Measure 114)
PAGE - 10 New sections are in boldfaced type. Matter in amended sections in boldfaced type is new; matter [struck through and bracketed] is intended to be omitted.
(d) If the department determines that, based on the judgment of conviction, the recipient is prohibited from possessing a
firearm as a condition of probation or that the recipient is currently on post-prison supervision or parole, the department shall
report the attempted transfer to the recipient’s supervising officer and the district attorney of the county in which the
conviction occurred.
(e) If the department determines that the recipient is prohibited from possessing a firearm due to a court order described in
ORS 166.255 (1)(a), the department shall report the attempted transfer to the court that issued the order.
(f) If the department determines that the recipient is under the jurisdiction of the Psychiatric Security Review Board, the
department shall report the attempted transfer to the board.
(g) Reports required by paragraphs (c) to (f) of this subsection shall be made within 24 hours after the determination is
made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as
necessary to avoid compromising the investigation.
(h) On or before January 31 of each year, a law enforcement agency or a prosecuting attorney’s office that received a report
pursuant to paragraph (c) of this subsection during the previous calendar year shall inform the department of any action that
was taken concerning the report and the outcome of the action.
(i) The department shall annually publish a written report, based on any information received under paragraph (h) of this
subsection, detailing the following information for the previous year:
(A) The number of recipients whom the department determined were prohibited from possessing a firearm under ORS
166.250 (1)(c), arranged by category of prohibition;
(B) The number of reports made pursuant to paragraph (c) of this subsection;
(C) The number of investigations arising from the reports made pursuant to paragraph (c) of this subsection, the number of
investigations concluded and the number of investigations referred for prosecution, all arranged by category of prohibition;
and
(D) The number of criminal charges arising from the reports made pursuant to paragraph (c) of this subsection and the
disposition of the charges, both arranged by category of prohibition.
(6) The recipient of the firearm must be present when the transferor requests a criminal back-ground check under this
section.
(7)(a) Except as otherwise provided in paragraph (b) of this subsection, a transferor who receives notification under this
section that the recipient is qualified to complete the transfer of a firearm, has the recipient fill out the form required by ORS
166.438 (1)(a) and retains the form as required by ORS 166.438 (2) is immune from civil liability for any use of the firearm
from the time of the transfer unless the transferor knows, or reasonably should know, that the recipient is likely to commit an
unlawful act involving the firearm.
(b) The immunity provided by paragraph (a) of this subsection does not apply:
(A) If the transferor knows, or reasonably should know, that the recipient of the firearm intends to deliver the firearm to a
third person who the transferor knows, or reasonably should know, may not lawfully possess the firearm; or
(B) In any product liability civil action under ORS 30.900 to 30.920.
REQUIRES PERMITS FOR ALL TRANSFERS AT GUN SHOWS (2015 Amendment)
SECTION 9. ORS 166.438 is amended to read:
(1) A transferor who is not a gun dealer may not transfer a firearm at a gun show unless the transferor:
(a)(A) Verifies with the department that the recipient has a valid permit-to-purchase issued under section 4 of this 2022
Act;
([A]B) Requests a criminal background check under ORS 166.436 prior to completing the transfer;
([B]C) Receives a unique approval number from the department indicating that the recipient is qualified to complete the
transfer; and
([C]D) Has the recipient complete the form described in ORS 166.441; or
(b) Completes the transfer through a gun dealer.
(2) The transferor shall retain the completed form referred to in subsection (1) of this section for at least five years and shall
make the completed form available to law enforcement agencies for the purpose of criminal investigations.
(3) A person who organizes a gun show shall post in a prominent place at the gun show a notice explaining the requirements
of subsections (1) and (2) of this section. The person shall provide the form required by subsection (1) of this section to any
person transferring a firearm at the gun show.
8.B.a
Packet Pg. 45 Attachment: Oregon_Measure_114_full_text_(2022) (1583 : Ballot Measure 114)
PAGE - 11 New sections are in boldfaced type. Matter in amended sections in boldfaced type is new; matter [struck through and bracketed] is intended to be omitted.
(4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under 18 U.S.C. 923.
(5)(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements of subsection (1), (2) or (3) of
this section is a Class C felony if the person has two or more previous convictions under this section at the time of the
offense.
(6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that the person did not know, or
reasonably could not know, that more than 25 firearms were at the site and available for transfer.
SECTION 10. The amendments to ORS 166.412, 166.435, 166.436 and 166.438 by sections 3 to 9 of this 2022 Act apply to
firearm transfers conducted on or after the effective date of this 2022 Act.
PROHIBITIONS/EXCEPTIONS TO LARGE-CAPACITY MAGAZINES
SECTION 11. (1) As used in this section:
(a) “Armed Forces of the United States” has the meaning given that term in ORS 348.282.
(b) “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a
firearm and readily inserted in a firearm;
(c) “Fixed magazine” means an ammunition feeding device contained in or permanently attached to a firearm in such a
manner that the device cannot be removed without disassembly of the firearm action;
(d) “Large-capacity magazine” means a fixed or detachable magazine, belt, drum, feed strip, helical feeding device, or
similar device, including any such device joined or coupled with another in any manner, or a kit with such parts, that has an
overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition
and allows a shooter to keep firing without having to pause to reload, but does not include any of the following:
(A) An ammunition feeding device that has been permanently altered so that it is not capable, now or in the future, of
accepting more than 10 rounds of ammunition;
(B) An attached tubular device designed to accept, and capable of operating only with 0.22 caliber rimfire ammunition; or
(C) A tubular ammunition feeding device that is contained in a lever-action firearm.
(e) “Loaded” has the meaning given that term in ORS 166.360;
(f) “Person” means any natural person, corporation, partnership, fire or association.
(2) Notwithstanding ORS 166.250 to 166.470, and except as expressly provided in subsections (3) to (5) of this section, a
person commits the crime of unlawful manufacture, importation, possession, use, purchase, sale or otherwise transferring
of large-capacity magazines if the person manufactures, imports, possesses, uses, purchases, sells or otherwise transfers
any large-capacity magazine in Oregon on or after the effective date of this 2022 Act.
(3) Subsection (2) of the section does not apply during the first 180 days following the effective date of this 2022 Act, with
respect to:
(a) A licensed gun dealer that within 180 days of the effective date of this 2022 Act:
(A) Transfers or sells the large-capacity magazines in the gun dealer’s inventory to a non-resident gun dealer or other
transferee outside of this state;
(B) Purchases or acquires temporary custody from an owner of any large-capacity magazine for permanent removal from
this state within the 180 days of the effective date of this 2022 Act;
(C) Permanently alters any large-capacity magazine in the gun dealer’s inventory or custody so that it is not capable,
upon alteration or in the future, of accepting more than 10 rounds of ammunition or permanently alter the magazine so it
is no longer a; or
(D) Permanently disposes of the large-capacity magazines in the gun dealer’s custody or inventory.
(b) A firearms manufacturer, properly licensed under federal, state and local law, that is a party to a contract, in existence
and binding on the effective date of this 2022 Act, with an entity outside of this state, for the manufacture of large-capacity
magazines, provided that:
(A) All manufacturing is completed no later than 180 days after the effective date of this 2022 Act; and
(B) The entity outside of Oregon receiving the large-capacity magazines is made aware in writing on or before the delivery
of the ammunition devices of the restrictions pertaining to large-capacity magazines in this state as set forth in this 2022
Act.
(4) Subsection (2) of the section does not apply at any time to:
8.B.a
Packet Pg. 46 Attachment: Oregon_Measure_114_full_text_(2022) (1583 : Ballot Measure 114)
PAGE - 12 New sections are in boldfaced type. Matter in amended sections in boldfaced type is new; matter [struck through and bracketed] is intended to be omitted.
(a) A firearms manufacturer properly licensed under federal, state and local law that manufactures large-capacity
magazines, provided:
(A) The manufacturing is for exclusive sale or transfer to the Armed Forces of the United States or a law enforcement
agency and solely for authorized use by that entity related to the official duties of the entity; and
(B) Any large-capacity magazine, permitted to be manufactured under paragraph (a)(A) of this subsection after the
effective date of this 2022 Act, shall include a permanent stamp or marking indicating that the large-capacity magazine was
manufactured or assembled after the effective date of this 2022 Act. The stamp or marking must be legibly and
conspicuously engraved or cast upon the outer surface of the large-capacity magazine. The department may promulgate
such rules as may be necessary for the implementation of this section, including but not limited to rules requiring such
large-capacity magazine be stamped with information indicating the limitation for use only by military and law
enforcement or such other identification to distinguish clearly large-capacity magazines manufactured after the effective
date of this 2022 Act. Except as provided in paragraph (3)(b) of this section, no large-capacity magazines without such
stamp may be manufactured in this state after the effective date of this Act.
(b) A licensed gun dealer that sells or otherwise transfers large-capacity magazines to the Armed Forces of the United
States or a law enforcement agency solely for authorized use by that entity, provided the large-capacity magazines have
been engraved as provided in paragraph (a)(B) of this subsection.
(c) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer, as that
term is defined in ORS 133.005, that is authorized to acquire, possess or use a large-capacity magazine provided that any
acquisition, possession or use is related directly to activities within the scope of that person’s official duties.
(5) As of the effective date of this 2022 Act, it shall be an affirmative defense, as provided in ORS 166.055, to the unlawful
possession, use and transfer of a large-capacity magazine in this state by any person, provided that:
(a) The large-capacity magazine was owned by the person before the effective date of this 2022 Act and maintained in the
person’s control or possession; or
(b) The possession of a large-capacity magazine was obtained by a person who, on or after the effective date of this
section, acquired possession of the large-capacity magazine by operation of law upon the death of a former owner who
was in legal possession of the large-capacity magazine; and
(c) In addition to either (a) or (b) of this subsection the owner has not maintained the large-capacity magazine in a
manner other than:
(A) On property owned or immediately controlled by the registered owner;
(B) On the premises of a gun dealer or gunsmith licensed under 18 U.S.C. 923 for the purpose of lawful service or repair;
(C) While engaging in the legal use of the large-capacity magazine, at a public or private shooting range or shooting gallery
or for recreational activities such as hunting, to the extent permitted under state law; or
(D) While participating in firearms competition or exhibition, display or educational project about firearms sponsored,
conducted by, approved or under the auspices of a law enforcement agency or a national or state-recognized entity that
fosters proficiency in firearms use or promotes firearms education; and
(E) While transporting any large-capacity magazines in a vehicle to one of the locations authorized in paragraphs (c)(A) to
(D) of this subsection, the large-capacity magazine is not inserted into the firearm and is locked in a separate container.
(d) The person has permanently and voluntarily relinquished the large-capacity magazine to law enforcement or to a
buyback or turn-in program approved by law enforcement, prior to commencement of prosecution by arrest, citation or a
formal charge.
(6) Unlawful manufacture, importation, possession, use, purchase, sale or otherwise transferring of a large-capacity
magazine is a class A misdemeanor.
SECTION 12. If any provision of this 2022 Act or its application to any person or circumstance is held invalid, the invalidity
does not affect other provisions or applications of this Act which can be given effect without the invalid provision or
application, and to this end the provisions of this Act are severable. The people hereby declare that they would have
adopted this Chapter, notwithstanding the unconstitutionality, invalidity and ineffectiveness of any one of its articles,
sections, subsections, sentences or clauses.
SECTION 13. The provisions of this 2022 Act apply to all actions taken on or after the effective date of this 2022 Act, unless
expressly stated otherwise herein. This 2022 Act may be known and cited as the Reduction of Gun Violence Act.
8.B.a
Packet Pg. 47 Attachment: Oregon_Measure_114_full_text_(2022) (1583 : Ballot Measure 114)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: August 25, 2022
SUBJECT: Discussion of Little League Construction Update
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
BACKGROUND INFORMATION:
The City Consultants, RH2 Engineering, will present an update to the current design plans,
including an update and schedule on Phase 1 of the construction. Phase 1 will consist of a new
waterline, sewer extension, and power upgrades to the facility. The current plan is the fall of this
year.
FINANCIAL ANALYSIS:
Phase 1 will consist of a new waterline, sewer line extension, and possibly power upgrades. The
estimated cost will be presented at the meeting.
LEGAL ANALYSIS:
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Recreation; Goal 3 - Provide high-quality, age-appropriate recreation programs that benefit all
residents of our community. Strategies: (b). Pursue the development and implementation of
comprehensive recreation programs in cooperation with governmental bodies/agencies and
athletic/recreation organizations
STAFF RECOMMENDATION:
N/A
RECOMMENDED MOTION:
N/A
ATTACHMENTS:
8.C
Packet Pg. 48
1. Project Update - 08-25-22
8.C
Packet Pg. 49
CENTRAL POINT
HANLEY ROAD LITTLE LEAGUE FIELDS
08-25-2022
RH2 Engineering – Jeff Ballard
8.C.a
Packet Pg. 50 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)
| RH2 Engineering
Timeline
Date: 09/22-10/22
Utilities plan to be
advertise and bid
Date: 08/22
Utilities plan to be
reviewed/finalized
by City & RH2
Date: 02/23
City to review plans
and estimate
Date: Wnt 22/Spr23
Utilities plan
construction work to
be completed
Date: 12/22
Prelim site plans & est
to be updated based
on landscape arch
Date: 04/23
Plan set, estimate, bid
docs, and tech specs
to be completed
Date: 10/22
Prelim plans to be sent
to landscape architect
for updated drawings
Date: 09/22
Grading and
preliminary site plans
to be completed
8.C.a
Packet Pg. 51 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)
Utilities Plan
8.C.a
Packet Pg. 52 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)
Original Layout
300’
250’
210’
210’
150’150’
8.C.a
Packet Pg. 53 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)
Revised Layout
300’
300’
250’250’
250’
8.C.a
Packet Pg. 54 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)
Grading/Drainage
8.C.a
Packet Pg. 55 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)
Grading/
Drainage
8.C.a
Packet Pg. 56 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)
Grading/Drainage
8.C.a
Packet Pg. 57 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)
| RH2 Engineering
Next Design Steps
Step 1
• Finalize field grading/drainage
• Update preliminary design estimate
Step 2
• Finalize landscaping
• Grade landscaping areas
Step 3
• Detail drawings
Step 4
• QA/QC
• Send out preliminary design to City for review
8.C.a
Packet Pg. 58 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)
Questions?
8.C.a
Packet Pg. 59 Attachment: Project Update - 08-25-22 (1582 : Little League Discussion - August 2022)