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Home My WebLink About2318 Adding 6.32 Liquor License Review ORDINANCE NO. a 3/ ~ AN ORDINANCE ADDING A NEW CHAPTER 6.32 TO THE ASHLAND MUNICIPAL CODE RELATIVE TO LIQUOR LICENSE REVIEW. WHEREAS, the Oregon Liquor Control Commission carefully considers the recommendations of local governing bodies before issuing and renewing liquor licenses; and WHEREAS, the City Council of the City of Ashland finds that a uniform system for liquor license review is desirable for the City; and WHEREAS, similar processes and fees have been adopted by the Jackson County Board of Commissioners. NOW THEREFORE: THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 6.32 shall be added to the Ashland Muni- cipaI-7o3e and shall read as follows: "Chapter 6.32 LIQUOR LICENSE REVIEW Sections: 6.32.010 Purpose and Scope 6.32.020 Definitions 6.32.030 Application Process 6.32.040 Application Fees 6.32.050 Police Department's Duties 6.32.060 Hearing and Notice Procedures 6.32.070 Coordination with other Fees 6.32.010 Purpose and Scope. The purpose of this chapter is to establish the princ aI 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 O.R.S.471.135 to be utilized for the investigation of such license applications. 6.32.020 Definitions. A. Administrator. The City Administrator of the City or his/her designee. B. Applicant. The person or persons submitting an application fora ior7icense. C. Application. The application form supplied by the Oregon Liquor ontro ommission. D. City. The City of Ashland, Oregon E. Council. The City Council of the City of Ashland. -1- 6.32.030 Application Process. A. Procedure. Any person, firm or corporation requesting a liquor- f ense through the O.L.C.C. shall present the completed license application forms prescribed by the O.L.C.C. to the Police Department for review, investigation, and recommendation. B. Additional Information. The Police Department may require the applicant to submit such additional information as may be reasonably necessary to effectuate the provisions of this Chapter. C. Com leted Applications. The Police Department shall accept C.: license applications only when all required forms are properly completed, the requested information is submitted, and the required application fee has been paid. 6.32.040 Application Fees. The following fees are established for t Fe processing o liquor icense applications, which shall be paid at the time the application is filed with the Police Department. A. Original Application: $100.00 B. Change of ownership, change of location, or change in privilege: $75.00 C. Renewals or temporary applications: $35.00 6.32.050 Police Department Duties. A. Records. The Police Department shall maintain a record of all app ications. B. Review. The Police Department shall review all applications for tiTe purpose of making a recommendation to the Council. Upon completion of the review based upon the criteria set forth in this Chapter, the Chief of Police shall submit the application with a recommendation to the Council. 6.32.060 Hearing and Notice Procedures. A. Council Consideration. If the Chief of Police recommends approval or con itiona approval of an application, the matter will be placed on the next regular Council agenda for action. Upon adverse recommendation by the Chief of Police, a public hearing will be scheduled and notice given. B. Applicant Notice. Before the Council recommends denial of a liquor license application, notice of a public hearing must be given to the applicant either personally or by certified mail postmarked no later than ten (10) days prior to the hearing. The notice shall contain: 1. A statement of-the time and place of the hearing. 2. A statement from the Chief of Police on the matters supporting the adverse recommendation. 3. A statement that the applicant may be represented by legal counsel at the hearing at the expense of the applicant. _2 C. Public Notice. In order to facilitate public participation in liquor icense applications, the City Recorder shall in the case of recommendation for denial, publish a notice of public hearing once in a local newspaper of general circulation at least ten (10) days prior to the date of the hearing. The notice shall specify the date, time and location of the hearing, and the business name and address of the applicant. The notice shall also inform the public that written or oral testimony may be presented either for or against the application. D. Evaluation Criteria. The Council shall make its recommendation to the an in the case of a denial or modification shall specify its reasons for its recommended denial or modification. The minutes of the City Council shall reflect the reasons for a negative recommendation. The Council may recommend denial of the application if: 1. The application is incomplete. 2. The applicant neglects or refuses to provide, in a timely manner, any information as is reasonably requested. 3. The applicant provides false or misleading information. 4. Public opinion weighs against the application either by oral testimony or written comments received by the Council. Such public opinion will be evaluated in light of the reasons expressed and the extent to which the persons expressing those opinions are likely to be affected by the issuance of the license. Greater weight will be given to opinions of persons residing, working, or owning a business within one-half mile of the premises. The number of persons expressing support or opposition shall not, in and of itself, be controlling. 5. The premises of the applicant are frequented by persons under 21 years of age unaccompanied by adults. 6. The applicant has been convicted of violating any of the alcoholic liquor laws of this State, or has been convicted of any crime involving moral turpitude. 7. The applicant uses alcoholic beverages in excess, or nonprescription habit forming drugs or other controlled substances. 8. There are sufficient licensed premises in the vicinity, or the granting of the license is not demanded by the public interest or convenience. 9. The applicant is not a citizen of the United States, or is physically or fientally incompetent to carry on the manage- ment of the proposed establishment. -3- 10. The applicant does not have a good record of compliance ' with the O.L.C.C. 11. The applicant is not the legitimate owner of the business proposed to be licensed, or other persons have ownership interests which have not been disclosed. 12. The applicant does not possess or has not demonstrated financial responsibilities sufficient to meet the requirements of the business. 13. The applicants' premises fail to comply with any County, City, or State laws or regulations. 14. The applicants' premises would place an unreasonable, excessive demand upon City services, including but not limited to law enforcement. 15. The applicant is delinquent as to the payment of property taxes, special assessments, or utility charges. 16. Any other reason, which in the sole opinion of the Council, warrants an adverse recommendation based on public health, safety, welfare, convenience or necessity. E. Findings Transmitted. If the Council recommends approval, it shall make a genera finding that the applicant meets all the criteria of this Chapter. If the Council recommends denial, it shall include a finding or findings, based on the criteria of this Chapter in support of its action. In either event, a copy of the Council minutes shall be transmitted to the O.L.C.C. with the recommendation." F. Blanket Renewals. At the timc that •nnnunl renewal of e--:ist- inp licenses are presented, the Chief of. Police shall make a report to the Council on any licensee which has failed to meet the criteria set forth in subsection D above. Said report shall include a listing obtained from the County Tax Department of any license which has delinquent property taxes. In such case, the Council may recommend denial of the renewal, or the withholding of endorsement of the renewal until property taxes are brought to a current status. The Council may otherwise grant blanket approval of all license renewals." 6.32.070 Coordination with other fees. The application fee set forth in Section 6.32.040 shall be in lieu of all other investigation fees, but shall not be in lieu of the regular Business License Taxes set forth in Chapter 6.04." The foregoing ordinance was first read on e 1984, and duly PASSED and ADOPTED this_Ze day of tJJ-' 1KJ84. Nan E. Franklin City Recorder SIGNED and APPROVED this 5 4'-kday of1984. 'L:, Gordon M dari.s Mayor -4-