Chapter 5.03 - LIQUOR LICENSE

5.03.010 - License required.

It is unlawful for any person, firm, or corporation to engage in the business of and/or any other device whereon and whereby and consideration of any kind is paid for the use and privilege of selling alcohol without having first paid to the City of Elgin a license fee for the same.

(Ord. No. 178, 12-8-15)

5.03.020 - Schedule of application fees.

The applicant must pay the applicable fee before the application can be brought before the City Council of Elgin to the city administrators office:

A. Original application fee .....$100.00

B. Change in ownership .....$75.00

C. Change in location .....$75.00

D. Change in privilege .....$75.00

E. Annual renewal .....$35.00

F. Special event .....$35.00

G. Temporary application .....$35.00

(Ord. No. 178, 12-8-15)

5.03.030 - Annual renewal.

Any person, firm, or corporation that has been awarded a license to sell alcohol by the City of Elgin must complete a renewal application every year or their license will be terminated.

(Ord. No. 178, 12-8-15)

5.03.040 - Process to obtain license to sell liquor.

In-order-to obtain a liquor license the applicant and the City of Elgin must follow the outlined steps provided in this section:

A. The applicant must complete the OLCC application for the appropriate event or establishment they plan on conducting, the said applicants business of selling alcohol and submit the completed application to the OLCC.

B. The applicant must also submit a copy of the application to the City of Elgin to give proper notice of their intent to obtain a license.

C. The City of Elgin must hold a public hearing and allow public input on the said applicant's application to sell alcohol.

D. The City of Elgin has 45 days from the time the application is given to the office of the city administrator to issue or deny a local license. If the 45 days has expired and the City of Elgin has not asked for a time extension through the OLCC, the OLCC will proceed with their application process under the consideration that the City of Elgin has judged favorably towards the application.

E. If the City of Elgin denies a local license to the said applicant, the city must submit a response to the OLCC stating under ORS 471.313(4), 471.313(5), OAR 845-005-0325, or 845-005-0326, or the license restriction bases of OAR 845-005-0355, and, must be supported by reliable factual information as the reason the said applicant was denied.

F. If the City of Elgin awards a local license to an applicant, the City of Elgin is encouraged to send a response to the OLCC in-order-to speed the application process along for the applicant. If this is not done the OLCC may wait the entire 45 day period before they will proceed with their final application steps.

(Ord. No. 178, 12-8-15)

5.03.050 - Issuance of license.

Upon approval of the City Council of Elgin, the applicant will receive a City of Elgin license proclaiming their right to sell alcohol within city limits. This license is non-transferable and must be placed in a conspicuous area in or at the establishment or location the applicant has applied for to sell alcohol.

(Ord. No. 178, 12-8-15)

5.03.060 - Participation by persons under twenty-one years.

It is unlawful for any person under the age of twenty-one (21) years to engage in or otherwise participate in any such alcohol sales licensed in this chapter.

(Ord. No. 178, 12-8-15)

5.03.070 - License revocation, cancellation or suspension.

The city council may at any time and for cause, revoke, cancel or suspend any license issued by virtue of this chapter or under the guidelines of OAR 845-005-0355.

(Ord. No. 178, 12-8-15)

5.03.080 - Violation, penalty.

Any violation of the provisions of this chapter shall constitute the violator to be fined in a sum not to exceed five hundred dollars ($500.00) per day of violation from the City of Elgin as well as become subject to all violations, penalties, and fines that may apply from any type of organization or enfocement.

(Ord. No. 178, 12-8-15)

Chapter 5.04 - CARDROOMS

5.04.010 - License required.

It is unlawful for any person, firm or corporation to engage in the business of and/or to operate tables and/or any other device whereon and whereby any consideration of any kind is paid for the use and privilege of playing any game of cards without having first paid to the city recorder a license fee for the same. For each of such table and/or devices such operator shall pay to the city recorder the sum of five dollars ($5.00) per month, in advance.

(Ord. 6-1963 (part))

5.04.020 - Suitability to obtain license.

No person of questionable moral character or firm or corporation of which a person of questionable moral character is a member, or any person, firm or corporation deemed by the city council to be unsuited to engage in the operation of such card tables and/or devices, shall be entitled to obtain a license for such operation.

(Ord. 6-1963 § 1)

5.04.030 - Participation by persons under twenty-one years.

It is unlawful for any person under the age of twenty-one (21) years to engage in or otherwise participate in any such card games licensed in this chapter.

(Ord. 6-1963 § 2)

5.04.040 - License—Revocation, cancellation or suspension.

The city council may at any time and for cause, revoke, cancel or suspend any license issued by virtue of this chapter.

(Ord. 6-1963 § 3)

5.04.050 - Violation—Penalty.

Any violation of the provisions of this chapter shall constitute a misdemeanor and upon conviction thereof the violator shall be fined in a sum not to exceed three hundred dollars ($300.00) or imprisonment in the city jail not to exceed thirty (30) days, or may be so fined and so imprisoned.

(Ord. 6-1963 § 5)