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Home My WebLink About2581 Liquor License ReviewORDINANCE NO ~ ~i/ AN ORDINANCE AMENDING CHAPTER 6.32 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO LIQUOR LICENSE REVIEW. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.32 of the Ashland Municipal Code shall be amended in its entirety, and shall read as follows: "Chapter 6.32 LIQUOR LICENSE REVIEW Sections: 6.32.010 6.32.020 6.32.030 6.32.040 6.32.050 6.32.060 6.32.070 6.32.080 Purpose and Scope Definitions Application Process Application Fees City Recorder Duties Police Department Duties Hearing and Notice Procedures 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 471.135, 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 for a liquor license. C. Application. The application forms supplied by the Oregon Liquor Control Commission. D. city. The City of Ashland. E. Council. The City Council of the City of Ashland. 6.32.030 Application Process. A. 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 Ashland Police Department. B. Additional Information. An O.L.C.C. Personal History form shall be completed for each person named on the license application. C. Completed Applications. Liquor license application 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 following fees are established for the processing of liquor license applications, which shall be paid at the time the application is filed: A. Original Application. $25.00 for travellers accommodations; $100.00 for all others. B. Change of Ownership, Change of Location, or Change in Privileqe. $25.00 for travellers accommodations; $75.00 for all others. C. Renewals. $10.00 for travellers accommodations; $35.00 for all others. (Ord. 2352, 1985) D. Temporary Licenses. There is no charge by the City for a temporary license, however, it requires the approval of the Chief of Police or his designee. 6.32.050 City Recorder Duties. A. Place the application on the next City Council agenda, after receiving a recommendation from the Police Department. B. Check for delinquency as to the payment of property taxes, special assessments, or utility charges. Report findings to the Council. C. Endorse, if approved by Council. 6.32.060 Police Department Duties. A. Conduct background investigations on each person named as an applicant on the license. B. Review all applications based upon the criteria set forth in Section 6.32.070, sub-section D. C. The Chief of Police shall submit a recommendation to the Council. 6.32.0~0 Hearing and Notice Procedures. A. Council Consideration. If the Chief of Police recommends approval or conditional 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 (i0) 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. c. 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 (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 2 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 O.L.C.C., and in the case of a 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 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 that 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 mentally incompetent to carry on the management of the proposed establishment. 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 applicant's premises fail to comply with any County, City or State laws or regulations. 14. The applicant's premises would place an unreasonable, excessive demand upon City services including, but not limited to, law enforcement. 15. The applicant is delinquent in 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 general 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. 1. At the time of annual renewal of existing licenses, 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, Paragraphs 5, 6, 7, and 10 above. 2. The City Recorder shall provide a listing of any licensee which has delinquent property taxes, special assessments or utility charges. 3. In such case, the Council may recommend denial of the renewal, or the withholding of endorsement of the renewal until such deficiencies are brought to a current status. The Council may otherwise grant blanket approval of all license renewals. 6.32.0F0 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 Tax set forth in Chapter 6.04." The foregoing ordinance was first read by title only in accordance with article X, Section 2(c) of the Ashland city Charter on the day of 3 1990, and duly PASSED and ADOPTED this day of ,/.~ ~ , 1990. Nan E. Franklin City Recorder SIGNED and APPROVED this ~?~-~/~ day of Catherine M. Golden Mayor 4