75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3393
 
                         Senate Bill 576
 
Sponsored by Senator MORRISETTE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows county or city to make binding recommendation to Oregon
Liquor Control Commission regarding application for issuance or
renewal of full on-premises sales license or limited on-premises
sales license. Requires commission to follow recommendation
unless applicant establishes good cause to disregard
recommendation.
 
                        A BILL FOR AN ACT
Relating to local government recommendations on liquor licenses;
  creating new provisions; and amending ORS 471.166.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 471. + }
  SECTION 2.  { + (1) The governing body of a county may elect to
issue binding written recommendations to the Oregon Liquor
Control Commission regarding applications for the issuance or
renewal of a full on-premises sales license or limited
on-premises sales license for a business located within the
county and outside an incorporated city. The city council of an
incorporated city may elect to issue binding written
recommendations to the commission regarding applications for the
issuance or renewal of a full on-premises sales license or
limited on-premises sales license for a business located within
the city. An election under this subsection must be made annually
in the month of January. An election is valid for one year
beginning on the date of receipt by the commission and applies to
license applications filed with the commission during that year.
  (2) The commission shall require the applicant for issuance or
renewal of a full on-premises sales license or limited
on-premises sales license to seek a written recommendation:
  (a) From the governing body of the county if the license
application is for a place of business located within a county
making an election described in subsection (1) of this section
and outside an incorporated city.
  (b) From the city council if the license application is for a
place of business located within an incorporated city making an
election described in subsection (1) of this section.
  (3) A county governing body or city council shall make any
written recommendation under this section within the time
described in ORS 471.166. If a county governing body or city
council described in subsection (1) of this section makes a
written recommendation regarding an application for issuance or
renewal of a license, the commission shall follow the
recommendation unless the applicant establishes good cause for
the commission to disregard the recommendation. + }
  SECTION 3. ORS 471.166 is amended to read:
  471.166. (1) The Oregon Liquor Control Commission may require
that every applicant for issuance or renewal of a license under
this chapter acquire a written recommendation from the governing
body of the county if the place of business of the applicant is
outside an incorporated city, and from the city council if the
place of business of the applicant is within an incorporated
city.  The commission may take such written recommendation into
consideration before granting or refusing the license.
   { +  (2) Notwithstanding subsection (1) of this section, if
the application is for a full on-premises sales license or
limited on-premises sales license for a place of business located
within a county or city that has made an election under section 2
of this 2009 Act:
  (a) The commission shall require the applicant to seek the
written recommendation from the governing body of the county or
from the city council; and
  (b) The commission shall act upon any written recommendation of
the county governing body or city council as provided in section
2 of this 2009 Act. + }
    { - (2) - }  { +  (3) + } If the commission requires that an
applicant for issuance of a new license acquire the written
recommendation of a local government, the applicant must give
notice to the local government when an application is made for
issuance of the license. If the local government files a
favorable recommendation with the commission within 45 days after
the notice is given, the commission shall proceed with
consideration of the application.  The commission shall proceed
with consideration of the application as though the local
government had made a favorable recommendation unless, within 45
days after notice is given to the local government:
  (a) The local government files an unfavorable recommendation
with the commission with a statement of the grounds for the
unfavorable recommendation; or
  (b) The local government files a request for additional time
with the commission that sets forth the reason additional time is
needed by the local government, a statement that the local
government is considering making an unfavorable recommendation on
the application, and the specific grounds on which the local
government is considering making an unfavorable recommendation.
    { - (3) - }  { +  (4) + } If the commission requires that an
applicant for renewal of a license acquire the written
recommendation of a local government under this section, the
commission shall give notice to the local government when an
application is due for renewal of the license. If the local
government files a favorable recommendation with the commission
within 60 days after the notice is given, the commission shall
proceed with consideration of the application.  The commission
shall proceed with consideration of the application as though the
local government had made a favorable recommendation unless
within 60 days after notice is given to the local government:
  (a) The local government files an unfavorable recommendation
with the commission with a statement of the grounds for the
unfavorable recommendation; or
  (b) The local government files a request for additional time
with the commission that sets forth the reason additional time is
needed by the local government, a statement that the local
government is considering making an unfavorable recommendation on
the application, and the specific grounds on which the local
government is considering making an unfavorable recommendation.
    { - (4) - }  { +  (5) + } The commission shall suspend
consideration of an application subject to this section for a
reasonable period of time if a local government requests
additional time under subsection   { - (2)(b) or - }  (3)(b)
 { + or (4)(b) + } of this section and the grounds given by the
local government are valid grounds for an unfavorable
determination under this chapter or rules adopted by the
commission. The commission shall by rule establish the period of
time that shall be granted to a local government pursuant to a
request under subsections   { - (2)(b) and - }  (3)(b)  { + or
(4)(b) + } of this section.
    { - (5) - }  { +  (6) + } The commission shall by rule
establish valid grounds for unfavorable recommendations by local
governments under this section { +  or section 2 of this 2009
Act + }. Valid grounds established by the commission under this
section for an unfavorable recommendation by a local government
must be limited to those grounds considered by the commission in
making an unfavorable determination on a license application.
    { - (6) - }  { +  (7) + } A person filing an application for
issuance or renewal of a license that is subject to this section
must remit to the local government the fees established under
subsections   { - (7) and - }  (8)  { + and (9)  + }of this
section. The commission shall give notice to the applicant for
license renewal of the amount of the fees and the name of the
local government collecting the fees. The commission is not
responsible for collecting the fees charged by the local
government or for ensuring that the fees have been paid.  An
applicant for a license renewal shall certify in the application
form filed with the commission that the applicant has paid any
fees required under this section.
    { - (7) - }  { +  (8) + } An applicant required to seek a
written recommendation from a local government must pay an
application fee to the local government, in an amount determined
by the governing body of the city or county, for each application
for a license.  The application fee established by a local
government under this subsection may not exceed $25.
    { - (8) - }  { +  (9) + } After public notice and hearing,
the governing body of a city or county may adopt an ordinance,
rule or resolution prescribing licensing guidelines to be
followed in making recommendations on license applications under
this chapter and in allowing opportunity for public comment on
applications. If the guidelines are approved by the commission as
consistent with commission rules, after public notice and hearing
the governing body may adopt an ordinance, rule or regulation
establishing a system of fees that is reasonable and necessary to
pay expenses of processing the written recommendation. Processing
fees under this subsection are in lieu of fees under subsection
 { - (7) - }  { +  (8) + } of this section. In no case shall the
processing fee under this subsection be greater than $100 for an
original application, $75 for a change in ownership, change in
location or change in privilege application, and $35 for a
renewal or temporary application.
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