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HomeMy WebLinkAbout2833 Liquor License ReviewORDINANCE NO. AN ORDINANCE AMENDING THE LIQUOR LICENSE REVIEW CHAPTER (CHAPTER 6.32) OF THE ASHLAND MUNICIPAL CODE TO UPDATE PROVISIONS RELATING TO EVALUATION OF APPLICATIONS. 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 Sections: 6.32.010 6.32.020 6.32.030 6.32.040 6.32.050 6.32.070 6.32.080 LIQUOR LICENSE REVIEW Purpose and Scope Definitions Application Process Application Fees City Recorder Duties Hearing and Notice Procedure Coordination with Other Fees 6.32.010 Purpose and Scope. 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. 6.32.020 Definitions. Administrator. The City Administrator of the City, or a designee. Applicant. The person or persons submitting an application for a liquor license. Application. The application forms supplied by the Oregon Liquor Control Commission. City. The City of Ashland. Council. The City Council of the City of Ashland. 6.32.030 A. Application Process.~ Procedure. Any person, firm or corporation requesting a liquor license through the O.L.C.C. shall present the completed license application forms prescribed by O.L.C.C. to the city recorder. ~ Revised February 1996 Page 1 - LIQUOR LICENSE REVIEW ORDINANCE G:~PAUL\ORD~liquorlicenseord.wpd Additional Information. An O.L.C.C. Personal History form shall be completed for each person named on the license application. Completed Applications. Liquor license applications forms shall be accepted only when all required forms are properly completed, the requested information is submitted, and the required application fee, as set forth in Section 6.32.040, has been paid. 6.32.040 Application Fees. The city recorder shall charge and collect a license investigation fee at the time the application is filed. The fees for such services shall be established by resolution of the city council. (Ord. 2352, 1985; Ord. 2622 S2, 1991; Ord. 2774 S16, 1996)2 6.32.050 City Recorder Duties. Upon receipt of an application for a new liquor license, the city recorder shall: Refer the application to the Department of Community Development who shall determine if the location of the licensee's business complies with the city's land use requirements. Determine if the licensee has a business license and has registered as a restaurant, if applicable, for the city's food and beverage tax. Report to the city council as to the filing of the application and the determinations made under this section. D. Endorse the application, if approved by the city council. 6.32.070 Hearing and Notice Procedures. Bo Council Consideration. If the city recorder determines that the applicant for a new liquor license has complied with the city's land use requirements, has obtained a business license and registered as a restaurant, if applicable, the matter will be placed on the next regular city council agenda for action. If the city recorder cannot make any of the above listed determinations, the recorder shall report such to the city council. The council may then schedule a public hearing and give notice as provided below. Applicant Notice. Before the city 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 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 city recorder as to the findings made; 2Revised February 1996 Page 2 - LIQUOR LICENSE REVIEW ORDINANCE G:/PAUL\ORO~liquorlicenseord.wpd A statement that the applicant may be represented by legal counsel at the hearing, at the expense of the applicant. Co Public Notice. In order to facilitate public participation in liquor license applications, the city recorder shall, in the case of a recommendation for denial, publish a notice of public hearing once in a local newspaper of general circulation at least ten days prior to the date of the hearing. The notice shall specify the date, time and location of 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. Evaluation Criteria. The city council shall make its recommendation to the O.L.C.C., and in the case of denial or modification, shall specify the reasons for recommending denial or modification. The minutes of the city council shall reflect the reasons, for a negative recommendation. The city council may recommend denial of an application if: 1. The application is incomplete. 2. The applicant neglects or refuses to provide, in a timely manner, any information that is reasonably requested. 3. The applicant provides false or misleading information. 4. The location of the applicant's business does not comply with the city's land use requirements. 5. The applicant has failed to obtain a business license or failed to register as a restaurant, if applicable. 6. Any reason, which in the sole opinion of the city council, warrants an adverse recommendation based on public health, safety, welfare, convenience or necessity. Findings Transmitted. If the city council recommends approval, it shall make a general finding that the applicant meets all the criteria of this chapter. If the city 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 city council minutes shall be transmitted to the O.L.C.C. with the recommendation. Blanket Renewals. 1. At the time of annual renewal of existing licenses, the city recorder shall make a report to the city council on any licensee which has failed to meet the criteria set forth in section 6.32.050. 2. In such case, the city council may recommend denial of the renewal, or the withholding of endorsement of the renewal until such deficiencies are brought to current status. The city council may otherwise grant blanket approval of all license renewals. 6.32.080 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 Page 3 - LIQUOR LICENSE REVIEW ORDINANCE G:\PAUL\ORD~liquorlicenseord.wpd regular Business License Tax set forth in Chapter 6.04. (Ord. 2318, 1989; Ord. 2581, 1990) The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 3rd day of November PASSED and ADOPTED this I~/~hday of A/eu¢_,~ocjr ,1998, and duly ,1998. Derek D. Severson ,4ssistant to the City Recorder SIGNED and APPROVED this Catherine M. Shaw, Mayor Paul Nolte, City Attorney Page 4 - LIQUOR LICENSE REVIEW ORDINANCE G:~PAUL\ORD~Iiquor license ord.wpd