The URL can be used to link to this page

Home My WebLink About3255 Related to Liquor License Review - Replacing AMC 6.32 ORDINANCE NO. 3255 AN ORDINANCE RELATING TO LIQUOR LICENSE REVIEW; REPEALING AND REPLACING AMC CHAPTER 6.32 Annotated to show deletions and additions to the Ashland Municipal Code sections being modified. Deletions are b , and additions are bold underlined. WHEREAS,Article 2. Section I of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS,The Oregon Liquor and Cannabis Commission(OLCC)requires that every applicant for issuance of a liquor license obtain a written recommendation from its local governing body: and WHEREAS,the criteria for approving or denying liquor license applications and renewals are generally limited by state law and do not involve a significant degree of local discretion, being primarily based on specific factors such as past or present criminal behavior; and WHEREAS, City staff,under the direction of the City Manager, are best positioned to review and process routine requests from applicants for the City's recommendation regarding liquor license applications and renewals; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.32 of the Ashland Municipal Code is amended to read: Chapter 6.32 LIQUOR LICENSE REVIEW Semis: 6.31010 Par-pose and 6.2 020 Definitions 6.32.030 ",.pheat a Process 6.31050 City CeuaGil Delegation; City Re ..a Duties 6.32:965 Lieense "�ieatiea ORDINANCE NO. 3255 Page 1 of 6 6.1 nln purpose and seepe The p�ur-pese of this ehapter is to establish the pfineipal eFiter-ia which shall be eensid-er-ed by the ra to establish fens and a process,pursuant to Q Q 471 710(4) to he utilioesl &Ar the o of such license „lications (Or-d 2833 amended_L_1118499s) Sections: 6.32.010 Purpose and Scope 6.32.020 City Council Delegation; City Recorder Duties 6.32.030 New Annual License Application 6.32.040 Temporary Licenses 6.32.050 Application Review and Investigation 6.32.067 Criterion for Unfavorable Recommendation 6.32.070 Appeal Procedures 6.32.080 Coordination with Other Fees 6.32.010 Purpose and Scope The purpose of this chapter is to establish the criteria by which the City of Ashland will evaluate and make recommendations to the Oregon Liquor and Cannabis Commission(OLCC) regarding the issuance, denial, modification, or renewal of liquor licenses within the City. This chapter also established the applicable fees and investigation process as authorized under ORS 471.166. 6.2-�20— D ,—Ai ti„n5 A. inistrater. 'The City Manager-or aesirt„en D. rity. The City of Ashland. (Orel 2197 R 77 amended, 1 1/17/7020; Or- 2833 amended, 1 1/1 4/1008) Trrr'vrz r�n7 6.32.020 City Council Delegation; City Recorder Duties The City Council delegates to the City Recorder the responsibility to receive,process, and coordinate the review of OLCC liquor license applications and renewals, and to make recommendations to the Oregon Liquor and Cannabis Commission. 6.3z4)38 Application Process A llreeedur-e Any per-son, f-.rm or-eer„eratis.n remiest,„«a liquor license through the O T G (` shallpresent the cempletc sense apphea4iea fefms pr-eserihed-b3 Q.&E.C. t„the Git<, feeer-def. per-son named en the lkease appliGation amended- !17/(1�/7(1(11• llril 7422 nmee«leil 1 1/1 8 998; nrd 777A § 1 2 en e.1 1 996) ORDINANCE NO. 3255 Page 2 of 6 6.32.030 New Annual License Application Any person or business seeking a city recommendation to the OLCC for a new liquor license must submit a completed application on the forms furnished by the OLCC. The City Recorder shall accept such applications only when the following conditions are met: A. The applicant holds a valid City business license,unless exempt under AMC 6.04.085. B. The application is complete. C. Any additional information requested by the City Recorder has been provided. D. The appropriate application fees, as established by resolution of the City Council, has been paid. 2832 amended, 1111411998; Or-d 2774 R 16 amended, 1996; Or-d 2622 § 7 amended 1991 6.32.040 Temporary Licenses The City Recorder is authorized to review and issue City recommendations on applications for temporary or special event OLCC licenses. Such applications may be processed administratively. If the City Recorder determines that the applicant has met the criteria in AMC 6.32.067, an unfavorable recommendation may be submitted to the OLCC. Either the applicant or the City Recorder may refer the application to the City Manager for further review or a hearing. 6.21050 Gity euaGrl Delegation; City reweldae D t- oo requests,The Gity Council hereby delegates to the City Reeor-der-the ability to pFeeess -A-1 Q-1-CC lique-r- f the City Reee-F-de-F. basis fef an u*faver-able r-eeeammendatien te the QhGG as provided by Or-egen liquor-laws. .,r-da ee with A A4G D. Repo#to the City GouaGil as to the filing of the application and pr-epafe suffigi Made to t—he City F. Make a ree-enunendatien and plaee the lieensea. on the consent agenda at the Herct r-egul ee i'l M .' and any aeGessar-y suppoi4ing deGuMe-BA-at-in-a-to the 14. Endorse the applie do if appr-eyed by the city f`o„re:1 ORDINANCE NO. 3255 Page 3 of 6 ap amended, t t 4 8 998) 6.32.050 Application Review and Investigation The City Recorder shall coordinate a review of each application to prepare a recommendation for the OLCC. Applications will be reviewed once the conditions have been met in 6.32.030. A. Applications shall be referred to Community Development, Fire, and Police Departments for their review and approval B. Upon receiving departmental approvals and confirmation that all applicable fees have been paid, the City Recorder is authorized to submit a favorable recommendation with the OLCC for Temporary Licenses. C. The City Manager or their designee, is authorized to submit a favorable recommendation to the OLCC for New Annual Licenses,upon the City Recorder's recommendation, following departmental approvals and payment of fees. D. The City Recorder shall maintain a record of all OLCC applications in accordance with the State of Oregon's official records retention schedule. E. Either the Recorder or City Manager may make an unfavorable Recommendation if the criteria in AMC 6.32.067 are met. F. Renewal applications are sent directly the license holder from OLCC. The City shall issue an invoice to the license holder for the applicable local renewal fee. 6.32.060 Application Fees The City recorder shall collect a liquor license investigation fee at the time the application is filed. Fees amounts shall be established by resolution in accordance with ORS 471.166 (8) and approved by the City Council. 6.31065 T :nnnon Apphr t:nn appheation shall apply upon siaitah-le -fer-m-g fiiffl—ished by thta. 01 CC. The Gity rveor-deF shall A. An applicant for—an i—nihia 1 hip-ease- o-r-M-ed-i-fio-m-tion of a cGuffreat -1-i A-e-aso provides legible Gepies G. The applie do : eemplete. D. The applieant has provided any r-elevant additional in-fe-fin-a t ion t be City r-eeer-der-requests to E. The appliGation i- .-d by the appropriate fees, as established by Feselution of the � �� 067 r 'ter-ie., & UnA. .-able n o a t•e �L�r-c-rrccrx ccva�cnazccivs laws, including but not > the Or-ego ORDINANCE NO. 3255 Page 4 of 6 Revised Statutes and the Gregen Ad—m-—imist-r-a-hive Rules. (Ord. > • 2995 added 10Q0Q009) 6.32.067 Criterion for Unfavorable Recommendation The City may make an unfavorable recommendation to the OLCC if there is sufficient basis under Oregon liquor laws, including but not limited to, the Oregon Revised Statutes and the Oregon Administrative Rules. Examples include but are not limited to: the applicant's criminal history; documented incidents involving disorderly conduct or public safety concerns at the premises; misrepresentations or omissions in the application; failure to comply with applicable City codes or state laws. in- -Apee-A-M—anee vir-ith.404C Chapter-2.30, emeept that the appeal Sh-Al-I b-t-A filed and PFee-e-s-sead- _4; the effiee ef the City Maaagen The appeal Eaust h-e A-41 ed ;'A'cithin ten(10) ealeadaf days of the date of willzriivmade to the City Ceu"nil (Ord. 3192 R 72 ended 1 1/1 7/2020; Ord. 2995 amended 1 OQ0Q009; Ora 2832 amended, 11 i1&1998) 6.32.070 Appeal Procedures An applicant may appeal an unfavorable recommendation issued by the City Recorder or City Manager. Appeals shall be processed in accordance with AMC Chapter 2.30. The appeal must be filed with the City Manager's office within ten(10) calendar days from the date of written notice of the unfavorable recommendation vim7.2 non CAArdinAtiAn ;A,it, OthorLooms .. fees, , amended 1 1/18 998; lira 2581, amended, 1990; Ord 231 4 amended, 1989) 6.32.080 Coordination with Other Fees The application fee set forth in Section-6.32.060 shall be in lieu of all other investigation fees, but shall not replace or exempt the application from paying the City's regular Business License fee as set forth in Chapter 6.04. SECTION 5. Severability. Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect. SECTION 6. 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. Sections 3-5)need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. ORDINANCE NO. 3255 Page 5 of 6 The foregoing ordinance was first read by title only in acco dance with Article X, Section 2(C) of the City Charter on the _day of , 2025, and duly PASSED and ADOPTED this_ day of D 2025. PASSED by the City Council this day of 2025. ATTEST: Alis a Ko odzins City Recorder SIGNED and APPROVED this day of �>�(AP , 2025. Tonya Grimm,Mayor Reviewe o form: an P , City Attorney ORDINANCE NO. 3255 Page 6 of 6