Or. Admin. Code § 845-005-0326 - License Not Demanded by Public Interest or Convenience
ORS 471.313(1) allows the Commission to deny a license that public interest or convenience does not demand. The following are some of the public interest or convenience reasons for which the Commission may deny a license unless the applicant shows good cause to overcome the criteria:
(1) Alcohol-Related Problems at Other
Licensed Premises:
(a) The applicant has had
repeated problems at another licensed location during the two years preceding
this application or has had a license canceled or renewal refused because of
problems with disturbances, unlawful activities or noise. These problems:
(A) Must occur on the licensed premises or be
caused by patrons in the immediate vicinity of the licensed premises;
(B) Include, but are not limited to,
obtrusive or excessive noise, music or sound vibrations; public drunkenness;
fights; altercations; harassment; unlawful drug sales; alcohol-related litter;
trespassing on private property; and public urination; and
(C) Must be related to the sale or service of
alcohol under the exercise of the license privileges.
(b) Good cause to overcome this criterion is
a showing by the applicant that the applicant will reasonably control all of
the applicant's licensed premises to prevent problems described in paragraphs
(1)(a)(A), (B), and (C) of this rule. Factors that affect this good cause
determination may include, but are not limited to:
(A) Applicant is currently licensed at an
outlet that has not had the problems described in paragraphs (1)(a)(A), (B),
and (C) of this rule in the past year;
(B) Applicant successfully regained control
of premises that had problems described in paragraphs (1)(a)(A), (B), and (C)
of this rule;
(C) Applicant has a
corrective plan that is likely to be effective;
(D) License conditions or restrictions would
enable control of applicant's premises; and
(E) Applicant did not participate in the
daily operation of the problem outlet, and there has not been a pattern of
problems described in paragraphs (1)(a)(A), (B), and (C) of this rule at other
outlets where applicant has been licensed.
(c) This criterion does not apply to renewal
applications.
(2)
Proximity to Facilities:
(a) The licensed
premises:
(A) Will be located within 500 feet
in urban or suburban areas or within 1,500 feet in a rural area of the boundary
(measured property line to property line) of a licensed child care facility or
elementary or secondary school; a church; a hospital, nursing care facility or
convalescent care facility; a park or children-oriented recreational facility;
or alcohol and other drug treatment or rehabilitation facility; and
(B) Will adversely impact the
facility.
(b) Good cause
to overcome this criterion includes, but is not limited to, a showing by the
applicant that:
(A) The proposed operation is
consistent with the zoning where the proposed premises will be located, is
consistent with the general character of the area and the adverse impact will
not unreasonably affect the facility; or
(B) The size of the proposed premises'
community is so small that the proposed location is a reasonable location for
the proposed operation.
(c) This criterion does not apply to renewal
applications or to changes of ownership with no change in license privileges or
operation.
(3) Problem
Areas:
(a) The licensed premises will be
located in an area that has a history of serious or persistent problems with
unlawful activities, noise or disturbances. These problems need not be
alcohol-related;
(b) Good cause to
overcome this refusal basis includes, but is not limited to, a showing by the
applicant that:
(A) Alcoholic beverage sale or
service at the premises will not contribute to the problems, and
(B) The applicant has a willingness and
ability to control the proposed premises and patrons' behavior near the
licensed premises. When assessing the applicant's willingness and ability, the
Commission will consider factors including but not limited to the applicant's
relevant experience, and the applicant's reasonable and credible operating and
security plans.
(c) This
criterion does not apply to renewal applications or to changes of ownership
with no change in license privileges or operation.
(4) Off-Premises Sales License: The applicant
seeks an Off-Premises Sales license at an outlet that sells petroleum products
and does not or will not maintain a wide variety of grocery items available for
immediate sale. "Wide variety" means an inventory at a cost to the applicant of
not less than $5,000 of foods that satisfy the general public's ordinary eating
habits and personal and household products. "Wide variety" does not include
alcoholic beverages or tobacco products. It also does not include snack food
items that exceed ten percent of the inventory's value.
(5) Licensed physician or other professional
evaluations of the applicant or any on-premises manager's mental, emotional or
physical condition that show incompetence or physical inability to manage the
business the applicant wants licensed. ORS
471.313(4)(c)
allows the Commission to deny a license if the applicant is incompetent or
physically unable to manage the business the applicant wants licensed. These
evaluations are some indicators of this incompetence or physical
inability.
Notes
Statutory/Other Authority: ORS 471, including 471.030, 471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS 471.313
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