Chapter 5.08
ALCOHOLIC LIQUOR LICENSE REVIEW
Sections:
5.08.050 Administrator’s duties.
5.08.090 Standards and criteria.
5.08.010 Short title.
This chapter shall be known and may be cited as the “liquor license review chapter,” and may also be referred to herein as “this chapter.” (Ord. O-21-84 § 1.02.200, 1984)
5.08.020 Scope of provisions.
This chapter shall govern the procedures and criteria for consideration of liquor license applications and county commission recommendation to the Oregon Liquor Control Commission. (Amended during 2001 codification; Ord. O-21-84 § 1.02.205, 1984)
5.08.030 Definitions.
For the purpose of this chapter:
“Administrator” means the Jefferson County sheriff or his or her designee.
“Application” means the written request to the administrator to grant, modify or renew a liquor license.
“Commission” means the Oregon Liquor Control Commission. (Ord. O-21-84 § 1.02.210, 1984)
5.08.040 License application.
Any person or business requesting a county recommendation to the State Commission of a liquor license application shall make application upon suitable forms furnished by the administrator. The application shall contain:
A. The type of license applied for and a description of the nature of the business for which the application is made;
B. The name of the applicant, with address; if a partnership, the names and addresses of all partners; if the business is a corporation, the name and address of the home office, and the name and address of the designated agent in the state if a foreign corporation, and the name and address of the local agent or representative who will be in charge of the business in the county;
C. The address of the location where the business will be located in the county;
D. The date of application;
E. Any other information the county commission deems necessary for review;
F. The signature of the applicant or agent making the application.
The applicant shall be required to pay the fee established by the county commission pursuant to ORS 471.210 Section (4). (Amended during 2001 codification; Ord. O-21-84 § 1.02.215, 1984)
5.08.050 Administrator’s duties.
The administrator shall provide application forms and shall maintain a record of all applications. The administrator shall review all applications for the purpose of making a recommendation to the county commission. The review may include those subjects contained in this code and the administrator may require the applicant to supply any relevant additional information to determine qualifications of the applicant.
Upon completion of the review, the administrator shall make a recommendation to the county commission. (Amended during 2001 codification; Ord. O-21-84 § 1.02.220, 1984)
5.08.060 Hearing procedure.
A. If the administrator recommends approval of an application, the matter will be scheduled as a consent agenda item unless a county commission member requests a public hearing. Upon request of a county commission member or adverse recommendation by the administrator, a public hearing will be scheduled and notice given pursuant to Section 5.08.080.
B. The hearing will be presided over by the county commission.
C. The county commission and the applicant shall have the right to present evidence and witnesses and shall have the right to cross-examine witnesses presenting opposing testimony.
D. The applicant may be represented by legal counsel, but legal counsel shall not be provided at public expense.
E. The hearing shall be limited to production of evidence as alleged in the administrator’s recommendation, unless the county commission waives the rule or unless the hearing is pursuant to the county commission member request.
1. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
2. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
3. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of their serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
4. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
F. After due consideration of all pertinent information and testimony the county commission shall make its recommendation. The recommendation shall be based on substantial evidence relative to the criteria in this code and shall be final. In the case of an adverse recommendation, findings of fact shall be produced and forwarded to the State Commission along with the recommendation against the application. (Amended during 2001 codification; Ord. O-21-84 § 1.02.225, 1984)
5.08.070 Applicant notice.
Before the county commission recommends denial of a liquor license application, notice of the public hearing must be given either personally or by registered or certified mail postmarked not later than ten days prior to the hearing. The notice shall contain:
A. A statement of the time and place of the hearing;
B. A statement from the administrator of the matter(s) asserted or charged supporting the adverse recommendation or stating why the hearing was requested;
C. A statement that the applicant may be represented by legal counsel at the hearing, but legal counsel shall not be provided at public expense;
D. A statement that if the applicant desires to participate in the hearing, the administrator must receive notice in writing, no later than five working days prior to the hearing; and
E. A statement that if participation is requested by the applicant, that information on procedures and rights of parties may be obtained at the administrator’s office. (Amended during 2001 codification; Ord. O-21-84 § 1.02.230, 1984)
5.08.080 Public notice.
A. In order to facilitate public participation in liquor license application, the county commission shall cause to be published in a paper of general circulation in the county a notice specifying all liquor license applications by business name and address pending before the administrator. The county shall also provide a written notice of pending applications to all property owners within three hundred (300) feet of the business. The notice shall inform the public that written comments will be accepted by the administrator.
B. In the event that a public hearing is scheduled, the county in addition to any regular county commission notice provisions, shall cause to be published in a newspaper of general circulation in the county a notice specifying a time, date and location of the hearing and business name and address of the applicant. The county shall also provide a written notice of pending hearings to all property owners within three hundred (300) feet of the business. The notice shall inform the public that testimony may be given for or against the application. (Amended during 2001 codification; Ord. O-21-84 § 1.02.235, 1984)
5.08.090 Standards and criteria.
The county commission shall make its recommendation for approval, denial or modification of the liquor license application based on the county commission’s evaluation of the relevant standards and criteria. The applicants shall be held strictly accountable for the conditions of the premises. The county may recommend against the applicant if:
A. The application is incomplete;
B. The applicant neglects or refuses to provide in a timely manner any information reasonably requested by the administrator or county commission;
C. The applicant provides false or misleading information to the county commission;
D. Public opinion weighs against the application. Public opinion may be received by written or oral comment. Public opinion will be evaluated in light of the reasons expressed and the extent to which the persons expressing it are likely to be affected by the issuance of the license. Greater weight will be given to opinion of persons residing, working or owning a business within a one-half mile radius of the premises. The number of persons expressing support or opposition will not, in and of itself, be controlling;
E. The applicant’s premises and the area nearby are heavily frequented by persons under twenty-one (21) years of age unaccompanied by adults;
F. The applicant has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted of any felony or any misdemeanor involving moral turpitude;
G. The applicant has maintained, or allowed to exist a noisy, lewd, or disorderly establishment, or an establishment which creates or is a public nuisance under the ordinances of the county or laws of the state;
H. The applicant’s premises are not maintained in good repair, both interior and exterior, and kept clean and free of litter, rubbish or dirt;
I. The applicant or applicant’s premises fail to conform to abide by, or comply with county ordinances or regulations or state laws and regulations;
J. There are sufficient licensed premises in the locality set out in the application and the license is not demanded by public interest or convenience. If a reduction in dispenser licenses is warranted, the county commission may make a decision based on reasonable comparisons of services, facilities and economic benefit to the area;
K. There is any other reason, which in the opinion of the commission based on public health, safety, welfare, convenience or necessity, warrants an adverse recommendation. (Amended during 2001 codification; Ord. O-142-2000 § 2(D), 2000; Ord. O-21-84 § 1.02.240, 1984)