OAR 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 intervening circumstances exist to overcome the criteria: (1) Proximity to Facilities: (a) The licensed premises: (A) Will be located within 500 feet within a city’s limits or within 1,500 feet outside a city’s limits of the boundary (measured property line to property line) of a licensed child care facility, 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) The facility shows the exercise of the license privileges at the licensed premises will interfere or conflict with the specialized activities of the facility. (b) Some of the intervening circumstances the Commission considers in determining whether the refusal basis is supported or overcome is the applicant’s control plan addressing its willingness and ability to control the proposed premises and patrons’ behavior in the immediate vicinity of the premises. (c) This criterion does not apply to renewal applications or to changes of ownership with no change in license privileges or operation. (2) Problem Areas: (a) The licensed premises will be located in an area that, within 500 feet of the premises and in the past 12 months, has at least 50 documented incidents of public drunkenness, fights, altercations, harassment, unlawful drug sales, alcohol-related litter, trespassing on private property, or public urination. These problems need not be alcohol-related; (b) Some of the intervening circumstances the Commission considers in determining whether the refusal basis is supported or overcome are : (A) The applicant’s control plan showing that alcoholic beverage sale or service at the premises will not contribute to the problems, and (B) The applicant’s control plan addressing its willingness and ability to control the proposed premises and patrons’ behavior in the immediate vicinity of the premises. (c) This criterion does not apply to renewal applications or to changes of ownership with no change in license privileges or operation.