HomeMy WebLinkAboutOrdinances 2127 Docusign Envelope ID:9DB2B323-3F5B-4F14-A774-D87A13A9OEBB
ORDINANCE NO. 2-1271
AN ORDINANCE AMENDING IN PART CENTRAL POINT MUNICIPAL CODE CHAPTER 3.20
— LIQUOR LICENSES TO ADD SECTIONS 3.20.000 PURPOSE AND SCOPE AND 3.20.005
DEFINITIONS; AMEND SECTIONS 3.20.010, APPLICATION, 3.20.020 RECOMMENDATION
FOR APPROVAL OF LICENSE, 3.20.030 RECOMMENDATION FOR REFUSAL
OF LICENSE; AND REPEAL SECTION 3.20.055—APPEAL PROCESS
Recitals:
A. Pursuant to CPMC 1.01.040, the city council, may from time to time revise its municipal
code which shall become part of the overall document and citation.
B. Staff has determined that updates to the City's Liquor License chapter is advisable to
ensure consistency with current statutory requirements, and to more effectively
manage staff review of same.
C. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.20 is hereby amended to add a new Section 3.20.000 - Purpose and
Scope to read as follows:
3.20.000 Purpose and Scope.
The purpose of this chapter is to establish the principal criteria which shall be
considered by the city council in making recommendations to the Oregon Liquor Control
Commission concerning the granting, denying, modifying or renewing of all liquor
licenses within the City; and to establish fees and a process, pursuant to
ORS 471.210 4 to be utilized for the investigation of such license applications.
SECTION 2. Chapter 3.20 is hereby amended to add a new Section 3.20.005 - Definitions to
read as follows:
3.20.005 Definitions.
A. Administrator. The City Manager or designee.
B. Applicant. The person or persons submitting an application for a liquor license.
C. Application. The application forms supplied by the Oregon Liquor Control
Commission.
D. City. The City of Central Point.
SECTION 3. Chapter 3.20.010 - Application is amended in part to read as follows:
3.20.010 Application.
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A. Any person, firm or corporation requesting a liquor license through the Oregon Liquor Control
Commission (OLCC) shall present the completed license application forms prescribed by the
state OLCC to the city recorder. An OLCC personal individual history form shall be
completed for each person named on all initial and new ownership license applications.
Oregon Liquor Control Commission.
will prepare a report for city council review. All initial and change in ownership applications will
be subject to a background check. (Ord. 1975 §1(part), 2013; Ord. 1509 §1(part), 198'l).
B. The city recorder will accept liquor license applications only when the following
conditions are met:
1. An applicant for an initial license or modification of a current license provides legible
copies of the following forms supplied by the OLCC: liquor license application forms,
individual history forms, and business information forms. An applicant for a temporary
sales license (TSL) provides the TSL application form supplied by the OLCC.
2. The applicant has obtained a valid city business license when applicable.
3. The application is complete.
4. The applicant has provided any relevant additional information the city recorder
requests to determine the qualifications of the applicant.
5. The application is accompanied by the required application fee, as set forth in CPMC
3.20.040.
SECTION 4. Chapter 3.20.020— Recommendation for Approval of License is amended in part to
read as follows:
ij 3.20.020 Recommendation for approval of license.
by the city council. Once an initial or
council.
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The city council hereby delegates to the city recorder the ability to process all OLCC
liquor license applications or requests. Upon receipt of an application for a new or
renewal liquor license, the city recorder shall:
A. Coordinate and conduct an investigation of each application for the purpose of
determining what recommendation shall be made to the city council. The city recorder
may require the applicant to supply additional information that is relevant to determine if
there is a sufficient basis for an unfavorable recommendation to the OLCC as provided
by Oregon liquor laws.
B. Refer the application to the Planning Development who shall determine if the location
of the licensee's business complies with the city's land use requirements.
C. Determine if the licensee has met the criterion for an unfavorable recommendation in
accordance with CPMC 3.20.030.
D. Report to the city council as to the filing of the application and prepare sufficient
documentation and/or findings to support an unfavorable recommendation to the OLCC
if there is a basis for such recommendation.
E. Mail a letter or personally contact the applicant if an unfavorable recommendation will
be made to the city council.
F. Make a favorable recommendation and place the license on the consent agenda at the
next regular council meeting, or, if the recommendation is unfavorable, the application
will be set for city council hearing no sooner than 14-days after the applicant is notified
of the unfavorable recommendation.
G. After the recommendation is approved by the city council, forward the
recommendation and any necessary supporting documentation to the OLCC.
H. Endorse the application, if approved by the city council.
I. Maintain a record of all OLCC applications. (Ord. 1975 §1(part), 2013; Ord. 1969 §1(part),
2013; Ord. 1509 §1(part), 1984).
SECTION 5. Chapter 3.20.030 — Recommendation for Refusal of License is amended in part to
read as follows:
3.20.030 . Criterion for Unfavorable
Recommendation.
The council may make an unfavorable or co
on an application if any of the following apply:
A. The applicant has a record of violations of state alcoholic liquor law;
B. The applicant has a record of use of controlled substances or excessive use of alcoholic
beverages;
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C. The applicant has a record of violations of criminal law or ordinances connected in time,
O. The applicant has maintained or allowed to exist an establishment which creates or is a
public nuisance, or other violation of the city ordinances or federal or state law, which causes,
permits or suffers disorderly or violent acts, litter, noise, vandalism, vehicular or pedestrian
E. The applicant has not maintained the premises in accordance with the building, fire and life
safety codes of the city and the state;
F. The applicant seeks licensing of premises which would not be consistent with city land use
designations;
neighbors to resolve driving under the influence of liquor concerns or community disputes
related to a licensed establishment; or
H. There is any other specific reason consistent with the purposes of these provisions which the
city council concludes warrants an adverse recommendation to the OLCC based upon public
health, safety, welfare, convenience or necessity.
If the city council makes a determination that a request for a liquor licence should not be
approved, the applicant shall be provided an opportunity for public hearing before the city
application. A recommendation to refuse a license shall include reasonable grounds for such
recommendation.
The Council may make an unfavorable recommendation to the OLCC if it finds sufficient
basis for such a recommendation under Oregon liquor laws, including but not limited to,
the Oregon Revised Statutes and the Oregon Administrative Rules. (Ord. 1975 §1(part),
2013; Ord. 1969 §1(part), 2013; Ord. 1509 §1(part), 1984).
SECTION 6. Chapter 3.20.055 —Appeal Process is hereby repealed in its entirety.
witnesses and evidence to refute the reasons given for the denial. (Ord. 1975 §1(part), 2013).
SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C) need not be codified
and the City Recorder is authorized to correct any cross-references and any typographical errors.
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SECTION 8. Effective Date. The Central Point City Charter states that an ordinance enacted by
the Council shall take effect on the thirtieth day after its enactment. The effective date of this
ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this [2-- day
of --� — 2025. ,—Signed by:
Th AAA f xowtn,it4
Mayor Taneea Browning
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Signed by:
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