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HomeMy WebLinkAboutOrdinance 1975ORDINANCE NO. =�a AN ORDINANCE AMENDING CHAPTER 3.20 REGARDING LIQUOR LICENSES Recitals: Words 4ned4hfou are to be deleted and words in bold are added. A. 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 (O.L.C.C.) 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. B. The city has been removing all established fees from the municipal code book and setting them by council resolution. This Ordinance removes the Liquor License Fee from the Municipal Code, THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS: Section 1. Chapter 3.20 Liquor Licenses of the Central Point Municipal Code is amended to read: Chapter 3.20 Liquor Licenses Sections: 3.20.010 Application 3.20.020 Recommendation for approval of license. 3.20.030 Recommendation for refusal of license 3.20.040 Fees 3.20.050 Temporary License 3.20.055 Appeal Process 3.20.010 Application 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. An OLCC Personal History form shall be completed for each person named on the all initial and new ownership license applications. All initial and change of ownership fenewal applications for a liquor license submitted to the city shall be reviewed by the city council and a recommendation for approval or denial forwarded to the Oregon Liquor Control Commission. All new and change of ownership applications will be reviewed by the Police Department and other departments as needed. Upon recommendation from those departments the city recorder will prepare a report for city council review. All initial and change in ownership applications will be subject to a back ground check. 3.20.020 Recommendation for approval of license. Recommendations for approval of an initial or change in ownership liquor license shall be made by the city council. Once an initial or change in ownership application has been approved by the city council, the approval shall remain in effect until such time that it is revoked by the city council. If the city council recommends approval of the Upen an application and the payment of the fee heFeiRafte required has been paid for renewal, the city recorder is authorized to certify to the Oregon Liquor Control Commission the contiRued approval of the applicant. (Ord. 1509 §1 (part), 1984). 3.20.030 Recommendation for refusal of license. The council may make an unfavorable or conditionally favorable recommendation to the OLCC on an application if any of the following apply: 1. The applicant has a record of violations of state alcoholic liquor law; 2. The applicant has a record of use of controlled substances or excessive use of alcoholic beverages; 3. The applicant has a record of violations of criminal law or ordinances connected in time, place and manner with a liquor establishment or which demonstrate a disregard for law; 4. 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 traffic congestion, or other locational problems, in the proximity of such establishment; Pg. 2 Ordinance No. S (Q/�?/A3) 5. The applicant has not maintained the premises in accordance with the building, fire and life safety codes of the city and the state; 6. The applicant seeks licensing of premises which would not be consistent with city land use designations; 7. The applicant has demonstrated an unwillingness or inability to cooperate with the city or neighbors to resolve driving under the influence of liquor concerns or community disputes related to a licensed establishment; or 8. 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 maaager council makes a pFeliMiRaFy determination that a request for a liquor license should not be approved, the applicant shall be provided an opportunity for public hearing before the city council. After such hearing, the city council may recommend to approve or refuse the application. A recommendation to refuse a license shall include reasonable grounds for such recommendation. 3.20.040 Fees. A fee shall be paid to the city at such time that an applicant submits a request for a license recommendation. as-fellew& Fees for such services shall be established by resolution of the city council. A. .. B6 A Ghange in 9wRership 1 Gens - , twenty five dollars; G. A renewal eF tempeFaFy IiGeRse, fifteen dellarsr-.(Ord. 1509 §1 (part), 1984). 3.20.050 Temporary license. The city recorder is authorized to approve applications for temporary OLCC licenses such as special events, special beer and special wine licenses. Such applications may be processed administratively after the fee established by the council has been paid. The city recorder may make an unfavorable recommendation to the OLCC if any of the criteria located in CPMC 3.20.030 is determined to exist in regards to the application. 3.20.055 Appeal Process In the event the council or city recorder issues a recommendation of denial to OLCC, the applicant shall first be notified in writing. The notification shall include the reason(s) for denial. An appeal before the city council Pg. 3 Ordinance No. (-01/x) must be requested in writing to the city manager within 10 days of receiving the notice. The applicant shall have the right to be heard and to present witnesses and evidence to refute the reasons given for the denial. Section 2. This ordinance will be effective 30 days after the second reading by the city council. Passed by thCouncil and signed by me in authentication of its passage this 9'#�- day of u V 4 20-t—S) 14 Mayor Hank Williams 0 City Recorder Pg. 4 Ordinance No. 0 �-1(M/AS)