HomeMy WebLinkAbout2995 Liquor License Review Amending 6.32
rJ
ORDIN,ANCE NO. Aq'l~
AN ORDINANCE RELATING TO LIQUOR LICENSE REVIEW
AND AMENDING AMc CHAPTER 6.32
Annotated to show doletions and additions to the code sections being modified.
Deletions are bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 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 haye perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beayerton v. International Ass'n of Firefiqhters. Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, the OLCC chapter currently establishes criteria for denying an OLCC
application that are inconsistent with state law;
WHEREAS, the Uniform Administrative Appeals process should be adopted to provide
a hearings process in the case of an appeal of an unfavorable recommendation to the
OLCC;
WHEREAS, the duties of the City recorder and the application process need to be
adapted to be consistent with these changes; and.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 6.32.050 [City Recorder Duties] is hereby amended to read as
follows: /
6.32.050 City Council Deleaation: City Recorder Duties
The City Council hereby deleaates to the City Recorder the ability to
orocess all OLcc Iiauor license aoolications or reauests. exceot for
aoolications for new or renewal licenses. Upon receipt of an application for a
new or renewal liquor license, the City Recorder shall:
A. Coordinate and conduct an inyestiaation of each aoolication for the
DurDose of determinina what recommendation shall be made to the
-'..,'
Page 1 0[5
City Council. The city recorder may reQuire the applicant to supplv
additional information that is relevant to determine if there is a
sufficient basis for an unfavorable recommendation to the OLCC as
provided bv OreQon liQuor laws.
B. 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.
C. Determine if the licensee has met the criterion for an unfavorable
recommendation in accordance with AMc 6.32.067. a blJsiAess
IiGeASe aAd has registered as a restalJraAt, if appliGable, fer the
City's feed aAd beverage tax.
D. Report to the city council as to the filing of the application and prepare
sufficient documentation andlor findinQs to support an unfavorable
recommendation to the OLCC if there is a basis for such
recommendation. the determinatieAs made Imder this seGtieA.
E. Mail a letter or personallv contact the applicant if an unfavorable
recommendation will be made to the City eouncil.
F. Make a recommendation and place the license on the consent
aQenda at the next reQular council meetinQ.
G. After the recommendation is approved bv the eity Council, forward
the recommendation and any necessary supportinQ documentation
to the OLCc.
H. Endorse the application, if approved by the City Council.
I. Maintain a record of all OLCC applications.
SECTION 2. Sections 6.32.065 [Criterion for Recommendation of Approval] and
6.32.065 [License Application] are hereby added to read as follows:
6.32.065 License Application.
Anv person or business reQuestinQ a city recommendation to the
OLCC on a liQuor license application shall applv upon suitable forms
furnished bv the OLCC. The city. recorder shall accept liQuor license
applications onlv when the followinQ conditions are met:
A. An applicant for an initial license or modification of a current license
provides leQible copies of the followinQ forms supplied bv the OLCc:
liQuor license application forms. individual history forms. and business
information forms. An applicant for a temporary sales license ITSLl
provides the temporary sales application form supplied bv the OLCc.
Page 2 of5
!
B. The aoolicant has obtained a valid city business license when
aoolicable.
C. The aoolication is comolete.
D. The aoolicant has orovided anv relevant additional information the city
recorder reauests to determine the aualifications of the aoolicant.
E. The aoolication is accomoanied bv the aoorooriate fees. as established
bv resolution of the city council.
6.32.067 Criterion for Unfavorable Recommendation
The City may make an unfavorable recommendation to the OLCC if it
finds sufficient basis for such a recommendation under Oreaon Iiauor
laws. includina but not limited to. the Oreaon Revised Statutes and the
Oreaon Administrative Rules.
SECTION 3. Section 6.32.050 [City Recorder Duties] is hereby amended to read as
follows:
6.32.070 Hearing and Notice Aooeal Procedures
An aooeal of the City Recorder's recommendation oursuant to AMc
6.32.050 shall be orocessed in accordance with the Uniform Administrative
Aooeals Ordinance AMC 2.30. exceot that the aooeal shall be filed and
orocessed in the office of the City Administrator. The aooeal must be filed
within ten (10) calendar days of the date of the letter or oersonal notice
from the city recorder statina that an unfavorable recommendation will be
made to the City Council.
COlolAcil Consideration
If the city recorder determines that the applicant for a new liquor license
has complied with .A.MC 6.32.067 the city's land use requirements, has
obtained a business license and r-egistered as a restaurant, if applicable,
the matter will be placed on the next regular city council agenda for action.
If the Gily reGorder Gannot maim 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 gi'len to the applicant, either personally
or by certified mail, postmarked no later than ten days prior to the hearing.
The notice shall contain:
1. !\. statement of the time and place of the hearing;
2. .A. statement from the city recorder as to the findings made;
Page 3 0[5
3. A statement that the applisant may be represented by legal eOlolRsel at
the hearing, at the expense of the applicant.
Public Noti6e
In order to fasilitate publis participation in liquor li6ense applisations, the
sity resorder shall, in the sase of a resommendation for denial, publish a
notiee of publis hearing onee in a local newspaper of general GirGulation at
least ten days prior to the date of the hearing. The notiee shall speeif)' the
date, time and location of hearing, and the business name and address of
the applieant. The notise shall also inform the publis that .....ritten or oral
testimony may be presented either for or against the applieation.
Evaluation Criteria. The eily eouneil shall make its recommendation to the
O.LC.C., and in the sase of denial or modification, shall specify the
reasons for recommending denial or modifisation. The minutes of the city
, sounsil shall reflect the reasons for a negati',(e reGommendation.
The Gity GounGiI may reGommend denial of an appliGation if:
The applieation is inGomplete.
The appliGant negleets or refuses to provide, in a timely manner, any
information that is reasonably requested.
The appliGant provides false or misleading information.
The 10Gation of the applicant's business does not somply with the Gity's
land use requirements.
The appliGant has failed to obtain a business license or failed to register as
a restaurant, if appliGable.
'.ny reason. whiGh in the sole opinion of the Gily Gouneil, v:arrants an
adverse recommendation based on public health. safety. welfare,
sonvenience or necessit)..
Findings Transmitted
If the sily sounGiI reGommends appro\'al, it shall make a general finding
that the applieant meets all the eriteria of this Ghapter. If the eily eounGiI
reeommends denial, it shall inslude a finding or findings, based on the
criteria of this chapter in support of its aGtion. In either e',(ent, a eopy of the
cit)' council minutes shall be transmitted to the C.LC.C. .....ith the
reeommendation.
Blanket Renewals
At the time of annual renewal of existing licenses, the Gity resorder shall
Page 4 of5
make a report to the Git}' GounGil on any lieensee whiGh has failed to meet
the Griteria set forth in seGtion 6.32.065 50.
In such case, the cit}' council may recommend denial of the renewal, or the
withholding of endorsement of the renewal until suet! deficieneies are
brought to Gurrent status. The Gity GounGil may otherwise grant blanket
approval of allliGense renewals.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 5. SavinQs. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
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-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 4-
6) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The fo egoing ordinance was first read by title only in accor a
Sec' n 2(C) of the City Charter on the t, day of
a uly PASSED d A T.ED this day of
ce with Article X,
.2009
,2009
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this.2/ day of ~ 2009.
Page 5 of5