(A) The OLCC requires that an applicant or licensee give notice to the city when an application is made for issuance of a liquor license.
(B) The city’s liquor license issuance and recommendation shall be as follows.
(1) The City Manager or designee shall provide the applicable city form(s) and shall maintain a record of liquor license applications in accordance with state laws.
(3) The City Manager or designee shall cause the liquor license application to be reviewed by the Chief of Police or designee and/or any other department manager, for the purpose of obtaining information necessary to make a recommendation.
(4) Pursuant to § 32.18, the Chief of Police or designee who is authorized to perform a criminal records check through LEDS, is authorized, upon receipt of a signed criminal records check form, to conduct a criminal and/or driver records check on the applicant or licensee requesting a liquor license in the city, including persons who are an employee, volunteer, or agent of the holder of the liquor license.
(5) The Chief of Police or designee shall review the suitability of the liquor license application, including criminal and/or driver records, and make recommendation to the City Council based on the findings.
(6) If the Chief of Police or designee finds no bases for an unfavorable recommendation, the matter shall be scheduled as a consent agenda item before the City Council.
(7) If the Chief of Police or designee finds there are valid grounds to make an unfavorable recommendation, based on substantial evidence relevant to the license refusal bases as prescribed by state liquor laws (O.R.S. Chapter 471), the matter shall be scheduled as a public hearing before the City Council and notice to the applicant or licensee shall be given by registered mail, postmarked no later than seven business days prior to the public hearing at which the matter will be considered.
(8) The public hearing notice shall state the time and place of the hearing and reason(s) for making an unfavorable recommendation.
(9) Any person wishing to present testimony at the public hearing shall be given an opportunity to do so before the closing of the hearing.
(10) After due consideration of pertinent information and testimony, the City Council shall make its recommendation.
(11) In case of an adverse recommendation, based on substantial evidence relevant to the license refusal basis as prescribed by state liquor laws (O.R.S. Chapter 471), findings shall be produced and forwarded to the OLCC along with the City Council recommendation.
(Prior Code, § 7.810) (Ord. 2010-05, passed 6-14-2010)