Chapter 5.28
LIQUOR LICENSE REVIEW

Sections:

5.28.010    Title and purpose.

5.28.020    Definitions.

5.28.030    License application.

5.28.040    City administrator’s duties.

5.28.050    Hearing procedure.

5.28.060    Standards and criteria.

5.28.070    Reconsideration of applications.

5.28.080    Penalty.

5.28.010 Title and purpose.

This chapter shall be known and may be cited as the “liquor license review ordinance” and may also be referred to herein as “this chapter.”

The purposes of this chapter are to establish the principle criteria which shall be considered by the council, and its designee, the city administrator, in making recommendations to the Oregon Liquor Control Commission, concerning the granting, denying, modifying, changing, or renewing of all liquor licenses for premises within the city limits and to establish a process to be utilized for the investigation of such license applicants for the purpose of making such recommendation that is fair, effective, and efficient. This chapter is necessary to ensure that all premises licensed to sell and dispense liquor in any form meet the high expectations of this community that all such businesses are conducted in a lawful manner that does not unreasonably disturb the peace and tranquility of this city and its neighborhoods. (Ord. 2724 § 1, 1996)

5.28.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

(1) City Administrator. As used in this chapter, “city administrator” means the person holding the position of city administrator or any officer or employee of the city of St. Helens delegated or assigned any or all of the tasks of the city administrator herein.

(2) “Application” means the written forms provided by the Oregon Liquor Control Commission that serves as a written request to the city administrator to grant, modify, or renew a liquor license.

(3) “Commission” means the Oregon Liquor Control Commission.

(4) “Temporary sales license (TSL)” means a license obtained from the Commission that gives a person authority to sell alcoholic beverages on premises that the Commission has not otherwise licensed, and for which a recommendation by the city must be obtained. (Ord. 3056 § 1, 2007; Ord. 2724 § 2, 1996)

5.28.030 License application.

Any person or business requesting a city recommendation to the Commission on a liquor license application shall apply upon suitable forms furnished by the Commission. The city administrator shall 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 Commission: liquor license application forms, individual history forms, and business information forms. An applicant for a TSL provides the temporary sales application form supplied by the Commission.

(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 administrator requests to determine the qualifications of the applicant.

(5) The application is accompanied by the appropriate fees, as established by resolution of the city council. If the applicant for a TSL can demonstrate it is organized and operating as a nonprofit organization, no application fee shall be required. (Ord. 3056 § 2, 2007; Ord. 2724 § 3, 1996)

5.28.040 City administrator’s duties.

(1) Temporary Sales License Applications. In the case of TSL applications, the city administrator shall make a recommendation after evaluating the bases provided in Oregon liquor laws. The city administrator may attach reasonable conditions upon the recommendation that are consistent with the purposes of this chapter and Oregon liquor laws. Where the city administrator approves a TSL application, the city administrator shall note that on the TSL application and notify the applicant of the recommendation. Where the city administrator recommends denial, or restrictions otherwise adverse to the applicant, the recommendation shall be supported by sufficient findings, and it may be appealed to the city council in accordance with the procedures in SHMC 5.28.050.

(2) All Other License Applications. The city administrator shall maintain a record of all applications. The city administrator shall coordinate and conduct an investigation of each application for the purpose of determining what recommendation shall be made by the city administrator to the council. The city administrator 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 Commission as provided by Oregon liquor laws. Upon completion of the review, the city administrator shall make a recommendation to the city council and the hearing procedure of SHMC 5.28.050 shall apply. Where the city administrator recommends denial, or restrictions otherwise adverse to the applicant, the recommendation shall be supported by sufficient findings. (Ord. 3056 § 3, 2007; Ord. 2724 § 4, 1996)

5.28.050 Hearing procedure.

(1) Prior to city council consideration of a liquor license application, a councilor may review such application and the investigation materials gathered by the city administrator, but only to the extent that disclosure of such application and investigation materials is not prohibited by law. When the city administrator recommends approval of an application, the matter will be scheduled as a consent agenda item at the next regular council meeting.

(2) A public hearing concerning an application shall be scheduled upon the request of a councilor, a member of the public, or by the applicant if the city administrator’s recommendation is adverse to the applicant.

(3) Notice of public hearing before the council shall be given in the following manner:

(a) The notice shall contain the business name of the applicant, the location of the business, the nature of the license applied for, and the time and location at which the hearing will take place.

(b) Notice will be mailed to the applicant or applicant’s agent at the address shown on the application not less than seven days before the date set for the hearing.

(c) Notice shall be published in a newspaper of general circulation in the city not less than five days before the date set for the hearing.

(4) The public hearing shall be conducted as follows:

(a) The city administrator shall present the city administrator’s report, and any other written or oral evidence that is supportive of the city administrator’s recommendation.

(b) The applicant may present evidence and/or witnesses in support of the application.

(c) Interested members of the public shall be given an opportunity to present evidence or testimony bearing upon the application, whether such evidence is supportive or adverse to the application.

(d) The applicant shall be afforded an opportunity to rebut evidence presented in opposition to the application.

(e) Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of their serious affairs, regardless of the existence of any law or rule that might make improper the admission of such evidence over objection in civil action in courts of competent jurisdiction in this state. Evidence of past transactions and occurrences shall not be excluded solely on the basis of having occurred in the past and may be relied upon by the council in making its recommendation. However, irrelevant and unduly repetitious evidence shall be excluded. (Ord. 3056 § 4, 2007; Ord. 2724 § 5, 1996)

5.28.060 Standards and criteria.

The council may make an unfavorable recommendation to the Commission if it finds sufficient basis for such a recommendation under Oregon liquor laws. (Ord. 3056 § 5, 2007; Ord. 2724 § 6, 1996)

5.28.070 Reconsideration of applications.

(1) After having made a recommendation other than favorable on any license application, the council shall not consider any new application for the same location by the same or substantially the same applicant for a period of at least six months, except as otherwise provided herein.

(2) If the city administrator reasonably believes that the conditions, which caused the council to make a recommendation, other than a favorable recommendation, have substantially changed, and no court or administrative appeal of such license is pending, then the city administrator may reconsider and/or resubmit such application to the council. (Ord. 2724 § 7, 1996)

5.28.080 Penalty.

Violation of any of the terms of this chapter is punishable by a fine not to exceed $500.00. Each day that a violation is shown to exist shall constitute a separate offense. (Ord. 2724 § 8, 1996)