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Time, Place and Manner Documents
What is the Time, Place, and Manner Ordinance?
Purpose
Approved by City Council in 2004 and amended in 2011; the purpose of the Time, Place, and Manner (TPM) ordinance is to provide an avenue for neighbors to address chronic livability issues associated with problem liquor outlets. Specifically, the goal of the TPM process is to:
- Provide an avenue for neighbors to address livability and public safety concerns tied to specific liquor licenses;
- Provide an avenue for licensees, neighbors, police, crime prevention, and other City resources to identify and solve livability and public safety concerns;
- Consolidate complaints from multiple sources and evaluate the validity of concerns and issues related to a specific liquor license outlet; and
- Provide a legal recourse where nuisance activity related to liquor license concerns is substantiated.
Definition of Liquor Outlets
Liquor Outlets are establishments that serve alcoholic beverages within the City of Portland.
Nuisance Activities
If 3 or more of any of the following nuisance activities [1] occur within a 60-day period, the TPM process may be initiated:
- Operation of sound producing equipment, as prohibited by City Code 14A.30.020.
- Disorderly conduct as defined in ORS 166.025 (2003).
- Offensive littering as defined in ORS 164.805 (2003).
- Drinking on public rights of way, unless officially authorized, as prohibited by City Code 14A.50.010.
- Interference with vehicle ingress and egress as prohibited by City Code 14A.50.035.
- Alcoholic beverage violations in parks, as prohibited by City Code 20.12.040, where the violation relates to a specific licensee.
- Discharge of a firearm at the establishment, as prohibited by City Code 14A.60.020.
- Drug Activity
- Prostitution Activity
If 1 or more of the following incidents involving serious injury or death occur, a TPM process may be initiated.
- Murder or Manslaughter
- Rape
- Sodomy
- Unlawful Use of a Weapon
- Assault
Abatement Plan
After determining that there is reasonable cause to believe that a violation of this code has occurred, a notice may be sent to the licensee asking them to propose an abatement plan that would address the identified nuisance(s). The Office of Neighborhood Involvement (ONI) and the Portland Police Bureau must then approve any plan proposed by the licensee.
Code Hearings Officer Remedies
If a licensee fails to submit an abatement plan or submits a plan that is unacceptable, the matter may be brought before the Code Hearings Officer. The Code Hearings Officer may offer the following remedies to address the nuisance activities:
- Limiting the hours or days during which the establishment may operate.
- Requiring the establishment to provide resources to monitor, control and respond to patron behavior at and around the establishment, including but not limited to, hiring adequate security personnel to patrol the establishment.
- Restricting the activities at the establishment to prevent the reoccurrence of nuisance activities, including but not limited to, restrictions upon the time and manner in which entertainment is offered.
- Ordering the licensee to undertake other actions reasonably necessary to abate the nuisance activities or mitigate the effects thereof, including but not limited to, modifying the establishment to include noise insulation to prevent and abate nuisance activities related to noise.
[1] Each Nuisance Activity can be counted as one incident (i.e. multiple neighbors observing the same nuisance activity would count as one nuisance activity)
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