(Amended by Ordinance No. 179351, effective June 22, 2005.)
A. Any applicant for any license who is required by the OLCC
to have a recommendation from the City of Portland concerning the suitability of
the application shall present the license application forms prescribed by the
OLCC to the Office of Neighborhood Involvement, or its designee, for the purpose
of obtaining the recommendation of the Chief of Police concerning the
B. The Office of Neighborhood Involvement shall accept
liquor license applications only when the following conditions are met:
1. All required forms are properly completed and in order;
2. The applicant has obtained a valid City business
3. The processing fee has been paid. Fees shall be in the
maximum amount allowed by Oregon law and shall be
C. The Office of Neighborhood Involvement shall
forward liquor license applications to the Chief of Police with a copy of the
City of Portland Liquor Outlet Information form to the Bureau of Licenses within
one business day of receipt.
D. Except for applications for new licensed premises for
railroads, public passenger carriers or boats, health care facilities, or all
OLCC wholesale type licenses, in addition to the posting of a conspicuous notice
on the licensed premises as required by the OLCC, ONI shall:
1. Notify the following persons by mail that an
application has been filed:
a. Property owners and property occupants within 300
feet of the proposed licensed premises;
b. The neighborhood association within whose boundaries
the licensed premises will be located.
2. Post the proposed new licensed premises with a
notice indicating the process for public comment.
3. Request a response in writing from the
neighborhood association, property owners and property occupants and allow at
least 20 days after the mailing or posting of notification as provided in this
Section, to provide a response in writing to ONI. ONI shall notify any person
who responds pursuant to this Section of the recommendation made by the Chief
of Police to the OLCC.
E. The Chief of Police shall conduct an investigation of
each application for the purpose of determining the recommendation that shall be
made to the OLCC. In addition to the information required by the OLCC
application forms, the Chief of Police is authorized to require from the
applicant any other pertinent information that the Chief of Police deems
F. The Chief of Police shall coordinate with ONI and the
City Noise Control Officer prior to issuance of a recommendation to determine if
there is substantial neighborhood concern or opposition to the application, or
if there is evidence that noise is or will be a significant and persistent
problem at the licensed premises.
1. If the Chief of Police finds that there are valid
grounds to make an unfavorable recommendation to OLCC as provided by Oregon
liquor laws, the Chief of Police shall forward an unfavorable recommendation
directly to the OLCC.
2. If there is substantial neighborhood concern or
opposition to the application, or there is evidence that noise is or will be a
significant and persistent problem at the licensed premises, but the Chief of
Police, because of time constraints or other factors, does not find sufficient
basis for an unfavorable recommendation as provided by Oregon liquor laws, the
Chief of Police shall forward a no endorsement recommendation directly to the
OLCC, with supporting documentation of neighborhood concern or opposition
and/or evidence of noise as provided by ONI, and shall request that the OLCC
hear testimony from the neighborhood. ONI shall coordinate neighborhood
testimony for OLCC hearings.
3. If the Chief of Police finds no basis for an
unfavorable recommendation as provided by Oregon liquor laws, and there is no
substantial neighborhood concern or opposition or evidence that noise is or
will be a significant and persistent problem at the licensed premises, the
Chief of Police shall forward a favorable recommendation directly to the OLCC.
The Chief of Police may also attach conditions or restrictions to a favorable
recommendation, such as allowing sales only during limited hours, restricting
the sale of alcoholic beverages associated with street drinkers, or other
conditions or restrictions consistent with the Oregon liquor
G. The Chief of Police shall notify the applicant of the
H. The process for renewal applications shall be as provided by this Section
except that the notification requirements of Subsection D shall not apply.
I. If ONI believes a good neighbor agreement will alleviate
substantial neighborhood concern or opposition, ONI shall attempt to work with
the licensed premises and the neighborhood to achieve a good neighbor agreement.
ONI shall notify the Chief of Police and the OLCC of any completed good neighbor
agreements, or, of its attempts to achieve a good neighbor agreement, in the
event ONI is unable to complete a good neighbor agreement within a reasonable
period of time.