A. For all applications for which Council approval is required under this chapter, and where the Chief of Police recommends approval of an application, the matter will be scheduled as an agenda item at the next regular Council meeting.
B. Prior to City Council consideration of a liquor license application, a Council member may review the application and the investigation materials gathered by the Chief of Police, but only to the extent that disclosure of the application and investigation materials is not prohibited by law. Upon the request of a Council member or where the Chief of Police’s recommendation is adverse to the application, by the applicant, a public hearing will be scheduled.
C. Notice of public hearing before the Council shall be given in the following manner:
1. The notice shall contain the business name of the applicant, the location of the business, the nature of the license applied for, and the time and location at which the hearing will take place.
2. Notice shall be mailed to the applicant or applicant’s agent at the address shown on the application not less than 7 days before the date set for the hearing.
3. Notice shall be published in a newspaper of general circulation in the city not less than 5 days before the date set for the hearing.
4. The public hearing shall be conducted as follows:
a. The Chief of Police shall present the police report. Any other written or oral evidence which is supportive of the Chief of Police’s recommendation may also be presented at this time.
b. The applicant may present evidence and/or witnesses in support of the application.
c. Interested members of the public shall be given an opportunity to present evidence or testimony bearing upon the application, whether the evidence is supportive or adverse to the application.
d. The applicant shall be afforded an opportunity to rebut evidence presented in opposition to the application.
e. Any relevant evidence shall be admitted, if it is the type of evidence on which reasonable persons are accustomed to relying on in the conduct of their serious affairs, regardless of the existence of any law or rule which might make improper the admission of the evidence over objection in civil actions in courts of competent jurisdiction in this state. Evidence of past transactions and occurrences shall not be excluded solely on the basis of having occurred in the past and may be relied upon by the Council in making its recommendation. However, irrelevant and unduly repetitious evidence shall be excluded.
5. In the case of special retail beer and special retail wine license applications, after due consideration of all pertinent information, the Chief of Police shall make a recommendation. The recommendation shall be based on substantial evidence relative to the criteria in this chapter, O.R.S. Chapter 471 and the public health, safety and welfare. The Chief of Police may attach reasonable conditions upon the recommendation, which conditions shall be consistent with the purposes of this chapter. Where the Chief of Police recommends approval of an application, the City Administrator shall cause the applicant to be notified of the recommendation. Where the Chief of Police’s recommendation is for denial or otherwise adverse to the applicant, it may be appealed to the City Council in accordance with the procedures provided in this section.