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Title 5
BUSINESS TAXES, LICENSES AND REGULATIONS
Chapters:
| 5.20 | Arcade License and Permit |
| 5.25 | Liquor License |
| 5.30 | Sale of Tobacco Products |
Chapter 5.20
ARCADE LICENSE AND PERMIT
| Sections: | |
|---|---|
| 5.20.010 | Purpose. |
| 5.20.020 | Definitions. |
| 5.20.030 | License. |
| 5.20.040 | Permit. |
| 5.20.050 | Procedure. |
| 5.20.060 | Fees. |
| 5.20.070 | Renewal. |
| 5.20.080 | Revocation. |
| 5.20.090 | Unlicensed games of amusement. |
| 5.20.100 | Exemptions. |
| 5.20.110 | Nuisance abatement. |
| 5.20.120 | Penalties. |
5.20.010 Purpose.
The purpose of this chapter is to encourage reasonable and orderly public access for patrons wishing to play games of amusement; to prevent the operation of unlawful games; to prohibit operations which encourage unlawful conduct, disturb the peace, endanger the public health, safety, morals or general welfare of the city of Philomath; or otherwise create a public nuisance. To facilitate the purpose of this chapter, the city is hereby establishing rules and regulations regarding the issuance of permits for games of amusement within the city of Philomath, and is setting the fees for the issuance of said permits and requiring a license to operate an arcade. All provisions of this chapter shall be liberally construed to achieve these ends and administered and enforced with a view of carrying out the above stated purpose. [Ord. 503 § 1, 1983.]
5.20.020 Definitions.
As used in this chapter, the following terms shall mean:
A. “Games of amusement” shall be defined as all machines, devices, games and apparatus played or capable of being played for amusement, where a charge is made for the use of such game of amusement, whether collected by the business directly for the use of the game of amusement by requiring the deposit of money or tokens into the game of amusement or indirectly by a charging of an admission or use fee. Such machines, devices, apparatus or games include, but are not limited to, bingo parlors, foosball or table soccer games, billiards, pool, or snooker tables, shuffleboard, shooting gallery devices, miniature bowling games, road race games, ping-pong tables, and electronic games of skill, including video games and other similar games of amusement, excepting therefrom automatic merchandise vending machines, telephones, meters and machines producing only music; provided, that nothing in this chapter shall be deemed to provide for the operation of devices prohibited by law.
B. The term “person” means and includes, but is not limited to, any natural person, persons, firm, group, association, corporation or partnership.
C. The term “licensee” shall refer to the “person” who makes application for the issuance of a license to operate an arcade under this chapter and in whose name the license is issued.
D. The term “arcade” is defined as any area, enclosure or room open to minors where five or more games of amusement are in operation with the intent to earn a profit for the owner or operator of the games or establishment. [Ord. 559, 1988; Ord. 503 § 2, 1983.]
5.20.030 License.
After October 1, 1983, no person may maintain or operate an arcade without first obtaining a license and paying the nonrefundable fee required therefor. [Ord. 503 § 3, 1983.]
5.20.040 Permit.
After October 1, 1983, no person may display, operate or allow the operation of any games of amusement without first obtaining a permit and paying the nonrefundable fee required therefor. [Ord. 503 § 4, 1983.]
5.20.050 Procedure.
A. A person may obtain a license to operate an arcade by applying at the office of the city recorder on forms to be prescribed by the chief of police. Said forms shall require at least the following information:
1. A description of the place or premises where the arcade is to be operated or maintained, the name and residence addresses of the owner and manager, the signature of the owner, and a statement concerning whether the owner and/or manager has been convicted of any felony or misdemeanor or of any offense involving gambling or immoral conduct or had any license issued by any other city, town or municipality revoked within five years preceding the date of this application.
2. The name and address of the person owning the arcade, the signature of the owner or the owner’s agent, a statement whether the owner, including in the case of a firm, corporation, partnership or association, the principal officers thereof, has been convicted of any felony or misdemeanor or of any offense involving gambling or immoral conduct or had any license issued by any other city, town or municipality revoked within five years preceding the date of this application. If the owner is a firm, corporation, partnership or association, the names of the principal officers thereof and their addresses shall also be required.
B. Each license or permit application shall be referred to the chief of police by the city recorder for the purpose of investigation and the chief of police shall be allowed five working days to investigate and act upon said application. The chief of police shall give notice of his findings in writing to the city recorder who shall then either approve or deny the license or permit application.
C. A person may obtain a permit to operate or display games of amusement by applying at the office of the city recorder on forms provided by the city recorder which shall require at least the following information: a description of the place or premises where such game of amusement is to be operated or displayed; the name and residence address of the applicant; and the number, kind and type of each machine which will be operated or displayed.
D. The application for a permit or license may be denied if:
1. The owner, operator, or any other person who will be directly engaged in the management of the arcade or the operation of the games of amusement has previously:
a. Owned or operated a commercial amusement business and the license for such business has been revoked; or
b. Been convicted of any felony or violated any federal or state law or city ordinance relating to minors, gambling, sexual offenses, prostitution, obscenity, controlled substances, or alcoholic beverages.
2. Any statement in the application is found to be false.
3. The application otherwise fails to conform to the requirements of this chapter.
The applicant may appeal the decision of the city recorder to the city council by filing a written notice of appeal with the city recorder within 10 days from the date notice is mailed to the applicant. The city council shall hold a hearing upon any such appeal and its decision shall be final.
E. A separate permit shall be issued for each class of games of amusement to allow the operation or maintenance of games of amusement at one definitely described premises. An additional permit must be obtained if a person operating games of amusement desires to increase the number of games of amusement at his location. The number of and kinds of each game of amusement in a particular class operated at a single location, and the period for which the permit is to run shall be stated on the permit. The permit shall be displayed conspicuously on the premises at all times.
F. A license or permit is not assignable or transferable nor does the license or permit authorize any person other than the named person to operate or maintain the games of amusement or arcade for which the permit or license is granted. No person may operate or maintain games of amusement at any location other than that designated in the permit without first obtaining permission of the city recorder. [Ord. 605 § 1, 1991; Ord. 596 § 2, 1991; Ord. 503 § 5, 1983.]
5.20.060 Fees.
A. The amount of the nonrefundable arcade license fee shall be set by resolution of the city council.
B. The amount of the nonrefundable permit fees for games of amusement shall be set by resolution of the city council.
C. The permits and licenses required by this chapter shall be issued semi-annually to expire on June 30th and December 31st in each year, or annually to expire on June 30th in each year. The permit fee for games of amusement and the arcade license fee shall be paid in advance for the period for which the permit or license is issued. A person who pays the permit and/or license fee on an annual basis in advance prior to the commencement of the period shall receive a five percent reduction of the fee due. If any person subject to the provisions of this chapter commences operations within the city at any time after the first day in a period, the fees payable in connection with the operation of those games of amusement or the arcade shall be prorated as of the first of the month during which the application is made, but in no event shall a permit or license be issued for a lesser fee than one-sixth of the annual fee.
D. Any person subject to this chapter already operating games of amusement or an arcade on the effective date of the ordinance codified in this chapter may continue to do so, if application for the required permit or license is made within 30 days of the effective date of the ordinance codified in this chapter and the application for such permit or license is not subsequently denied or revoked.
E. In lieu of the payment of an annual fee, a person may obtain a temporary permit to operate any game of amusement for a period not to exceed 60 consecutive calendar days at a rate to be set by resolution of the city council. [Ord. 628, 1994; Ord. 525, 1985; Ord. 503 § 6, 1983.]
5.20.070 Renewal.
The application for renewal of a permit or license shall be made to the city recorder prior to the expiration date of the license or permit. If an applicant fails to apply for and pay the required fee for renewal within 10 days from the expiration date of the permit or license, he shall be deemed to be operating unlicensed games of amusement and shall be subject to the provisions of PMC 5.20.090. [Ord. 525, 1985; Ord. 503 § 7, 1983.]
5.20.080 Revocation.
A. Any license or permit issued under this chapter may be revoked by action of the city council if:
1. Investigation reveals any violation of the provisions of this chapter or any violation of federal or state law or city ordinance relating to minors, gambling, sexual offenses, obscenity, controlled substances, prostitution or alcoholic beverages.
2. Any statement contained in the application therefor shall be found to have been false.
3. The licensee who operates an arcade fails to maintain the premises so as to keep it clean, in good repair, brightly lighted and well ventilated.
4. It is found that the licensee has violated PMC 9.10.080(B) as amended.
B. Before a license or permit issued under this chapter is revoked, the city council shall provide that notice be given by the city recorder by certified mail to the licensee or permit holder at the address listed on the application for mailing of notice that his license or permit will be revoked unless the licensee or permit holder within 10 days after the mailing of the notice demands in writing a hearing before the city council. After the hearing, the city council shall determine whether to revoke the license or permit. If no hearing is demanded, the license or permit is automatically revoked upon the expiration of 10 days after notice is mailed. After any revocation, the police department shall hand the licensee or permit holder a written notice of the revocation, or if the licensee or permit holder is not found, the police department shall post a notice on the premises where the games of amusement are located. Within 24 hours after such notice, the licensee or the owner of the games of amusement or permit holder shall remove the games from operation. If the owner or permit holder or the licensee fails to stop operating said game of amusement or arcade, it shall be the duty of the police department to seize and confiscate said game of amusement which shall become the property of the city of Philomath. [Ord. 559, 1988; Ord. 503 § 8, 1983.]
5.20.090 Unlicensed games of amusement.
A. No person may operate any game of amusement as defined above for which a permit is not issued.
B. The police department may seal and/or seize any game of amusement for which a permit has not been issued or which is operated in an unlicensed arcade.
C. A game sealed or seized for nonpayment of fees may be redeemed within 30 days by any person having an interest therein by payment of all sums due and a penalty of 10 percent of the permit fee.
D. In cases of seizure for nonpayment of fees, the licensee, permit holder or interested party shall, in addition to the fee and penalty, pay all the costs of loading, handling, and transporting said game of amusement to the place of storage and a storage fee to be set by resolution of the city council, or the actual costs of storage, whichever storage amount is greater. The city shall not be responsible for any damage to any game of amusement which may occur as a result of the loading, handling, transporting or storage of said game of amusement. After payment of the fee, costs of transportation, penalty and the storage costs, the licensee, permit holder or interested party shall be responsible for reclaiming the game of amusement and transporting said game from the place of storage.
E. It shall be unlawful to remove or tamper with a sealed game of amusement or the seal affixed thereto. Seized games not redeemed may, after notice and hearing, be sold or otherwise disposed of as provided by law.
F. All monies contained in machines disposed of under this section shall be paid into the general fund of the city of Philomath. [Ord. 628, 1994; Ord. 503 § 9, 1983.]
5.20.100 Exemptions.
The provisions of this chapter shall not apply to amusement devices when such devices are operated solely by or for a nonprofit organization for the purpose of conducting a fair, festival, or trade show or special fundraising project, where the net proceeds of such operation are utilized exclusively for educational or charitable purposes. [Ord. 535, 1986; Ord. 503 § 10, 1983.]
5.20.110 Nuisance abatement.
In addition to any other remedy or penalty herein provided, the city attorney may apply for abatement, as provided by law, of any premises or operation creating a common nuisance. [Ord. 503 § 12, 1983.]
5.20.120 Penalties.
Violation of any provision of this chapter by any person is punishable, upon conviction, by a fine of not more than $500.00 or by imprisonment in the county jail for not more than 30 days, or by both. [Ord. 503 § 13, 1983.]
Chapter 5.25
LIQUOR LICENSE
| Sections: | |
|---|---|
| 5.25.010 | Purpose. |
| 5.25.020 | Application conditions. |
| 5.25.030 | City investigation. |
| 5.25.040 | Temporary license. |
| 5.25.050 | Approval procedure. |
| 5.25.060 | Public hearing. |
| 5.25.070 | Criteria for recommendation. |
| 5.25.080 | Conditional recommendation. |
| 5.25.090 | Notice of hearing. |
5.25.010 Purpose.
The purpose of this chapter is to establish criteria for council consideration in recommending to the Oregon Liquor Control Commission (OLCC) that it grant, deny, modify or renew liquor licenses for premises within the city. The process established to review license applicants in order to make recommendations will be fair, effective and efficient. These sections are necessary to ensure that premises licensed to sell or dispense liquor meet community expectations and that such businesses are conducted in a lawful manner that does not unreasonably disturb the peace and tranquility of this city and its neighborhoods. [Ord. 572 § 1, 1989.]
5.25.020 Application conditions.
The city shall accept applications for regular OLCC liquor licenses only when the following conditions are met:
A. All required forms are properly completed and in order; and
B. The appropriate processing fee established by council resolution has been paid. [Ord. 572 § 2, 1989.]
5.25.030 City investigation.
The city manager shall coordinate an investigation of each application to determine the appropriate city recommendation to the OLCC. The city manager may require additional information as appropriate for conducting the investigation required for such city recommendation. The city manager shall provide a copy of each application to the appropriate city department for investigation and report. Reports from such departments shall be included in each staff recommendation to the council. [Ord. 572 § 3, 1989.]
5.25.040 Temporary license.
The city manager is authorized to approve applications for temporary OLCC licenses such as special events, special beer and special wine licenses. Such applications may be processed administratively after the fee established by council has been paid. The city manager may make an unfavorable recommendation to the OLCC if the city manager finds any of the criteria in PMC 5.25.070 applies to the applicant. Either the applicant or city manager may refer an application to the city council for a recommendation. [Ord. 744 § 1, 2007; Ord. 572 § 4, 1989.]
5.25.050 Approval procedure.
If the city manager recommends approval of an application, the matter will be scheduled as a council agenda item unless a council member requests a public hearing. Upon request of a council member or an adverse recommendation by the city manager, a public hearing will be scheduled and notice given pursuant to PMC 5.25.090. [Ord. 744 § 2, 2007; Ord. 572 § 5, 1989.]
5.25.060 Public hearing.
In the event that a public hearing is required, such public hearing will be scheduled and notice given pursuant to PMC 5.25.090.
A. The city, the applicant and any interested parties shall have the right to present evidence and witnesses. The mayor and council members may ask questions of any witness.
B. The city, the applicant or any other affected party may be represented by legal counsel at their own expense.
C. After due consideration of the evidence and testimony presented to it, the common council shall make its recommendation. The recommendation shall be based on substantial evidence relative to the criteria in this chapter and shall be final. Findings shall be produced and forwarded to the OLCC along with the council’s recommendation. [Ord. 744 § 3, 2007; Ord. 572 § 6, 1989.]
5.25.070 Criteria for recommendation.
The council may make an unfavorable or conditionally favorable recommendation to the OLCC on an application if any of the following apply or a favorable recommendation if none of the following apply:
A. The applicant has a record of violations of state alcoholic liquor law;
B. The applicant has a record of use of controlled substances or excessive use of alcoholic beverages;
C. The applicant has a record of violations of criminal law or ordinances connected in time, place and manner with a liquor establishment or which demonstrate a disregard for law;
D. The applicant has maintained or allowed to exist an establishment which creates or is a public nuisance, or other violation of the city ordinances or federal or state law, which causes, permits or suffers disorderly or violent acts, litter, noise, vandalism, vehicular or pedestrian traffic congestion, or other locational problems, in the proximity of such establishment;
E. The applicant has not maintained the premises in accordance with the building, fire and life safety codes of the city and the state;
F. The applicant seeks licensing of premises which would not be consistent with city land use designations;
G. The applicant has demonstrated an unwillingness or inability to cooperate with the city or neighbors to resolve driving under the influence of liquor concerns or community disputes related to a licensed establishment; or
H. There is any other specific reason consistent with the purposes of these provisions which the city council concludes warrants an adverse recommendation to the OLCC based upon public health, safety, welfare, convenience or necessity. [Ord. 572 § 7, 1989.]
5.25.080 Conditional recommendation.
If the council finds that any of the criteria established by PMC 5.25.070 apply to an applicant, it may make a conditionally favorable recommendation with a letter of warning. The city manager shall deliver to the applicant in person or by certified mail a summary of the reports relating to the application and a notice to correct the problems cited. A copy of this notice and summary shall be sent to the OLCC. During the following license period, the city manager shall monitor the progress of the applicant in correcting such problems and report to the council. At the time of the next license renewal, the applicant shall have the burden of proof to establish that the license should receive a favorable recommendation for renewal. If the council finds that the applicant has not made sufficient progress in correcting the conditions which resulted in the letter of warning, then the council may make an unfavorable recommendation to the OLCC without further public hearing. [Ord. 572 § 8, 1989.]
5.25.090 Notice of hearing.
In the event that a public hearing is scheduled, the city shall publish in a newspaper of general circulation in the city a notice specifying a time, date and location of the hearing and business name and address of the applicant. The notice shall inform the public that testimony may be given for or against the application.
Notice of the public hearing shall be given to the applicant either personally or by certified mail postmarked not later than 10 days prior to the hearing. The notice shall contain:
A. A statement of the time and place of the hearing;
B. A statement from the city manager of the matter(s) asserted or charged supporting the adverse recommendation or stating why the hearing was requested;
C. A statement that the applicant may be represented by legal counsel at the hearing, but legal counsel shall not be provided at public expense; and
D. A statement that if the applicant desires to participate in the hearing, the city manager must receive notice in writing no later than five working days prior to the hearing. [Ord. 744 § 4, 2007; Ord. 572 § 9, 1989.]
Chapter 5.30
SALE OF TOBACCO PRODUCTS
| Sections: | |
|---|---|
| 5.30.010 | Definitions. |
| 5.30.020 | License requirement. |
| 5.30.030 | License fee. |
| 5.30.040 | Nontransferability of license. |
| 5.30.050 | Sales to minors. |
| 5.30.060 | Vendor-assisted sales. |
| 5.30.070 | Nonretaliation. |
| 5.30.080 | License holder penalties. |
| 5.30.090 | Selling tobacco without a license – |
| Penalty. | |
| 5.30.100 | Notice. |
| 5.30.110 | Hearing. |
| 5.30.120 | Tobacco license fees. |
5.30.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “License” means a license issued by the city of Philomath for the retail sale of tobacco products.
B. “Licensee” means the holder of a valid license for the retail sale of tobacco products.
C. “Minor” means any person under 18 years of age.
D. “Self-service displays” means open display of tobacco products that the public has access to without the intervention of a store employee.
E. “Tobacco product” means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other means of ingestion.
F. “Vendor-assisted” means only a store employee has access to the tobacco product and assists the customer by supplying the tobacco products. The customer does not take possession of the tobacco product until after it is purchased. [Ord. 683 § 1, 2000.]
5.30.020 License requirement.
A. It shall be a violation of this chapter for a retailer to sell tobacco products unless that retailer holds a valid license from the city of Philomath for each location in which tobacco products are sold. All such licenses shall be renewed annually on or before March 1st.
B. Any license issued in accordance with the provisions of this chapter shall remain the property of the city, and upon expiration, revocation, or suspension, it shall be returned to the city. If a license is lost or destroyed, it may be replaced upon the payment by the applicant of a fee as set forth in PMC 5.30.030. [Ord. 683 § 2, 2000.]
5.30.030 License fee.
No tobacco retailer’s license shall be issued or continue to be valid unless the holder thereof has paid the fees as required by this chapter. [Ord. 683 § 3, 2000.]
5.30.040 Nontransferability of license.
A license is nontransferable. [Ord. 683 § 4, 2000.]
5.30.050 Sales to minors.
It shall be a violation of this chapter for a retailer to sell tobacco products to minors under 18 years of age. [Ord. 683 § 5, 2000.]
5.30.060 Vendor-assisted sales.
It shall be a violation of this chapter for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of self-service displays or any means other than vendor-assisted sales. [Ord. 683 § 6, 2000.]
5.30.070 Nonretaliation.
It shall be a violation of this chapter for any person or employer to discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this chapter. [Ord. 683 § 7, 2000.]
5.30.080 License holder penalties.
A. Any licensee who violates any provision of this chapter other than PMC 5.30.020 shall be assessed penalties and/or have their license suspended as follows:
1. In the case of a first violation within any two-year period, the licensee shall be fined $200.00 and shall be notified in writing of penalties levied for further violations.
2. In the case of a second violation within any two-year period, the licensee shall be fined $350.00, and the license shall be suspended and the suspended retailer shall be ineligible to apply for a new license for 45 days after the effective date of the suspension.
3. In the case of three or more violations within any two-year period, the licensee shall be fined $500.00, and the license shall be revoked and the revoked retailer shall be ineligible to apply for a new license for six months after the effective date of the revocation.
B. Failure to pay a fine levied under this section within 30 days of the date that the fine becomes effective shall result in the suspension of the licensee’s license until such fines are paid.
C. During any suspension or revocation of a license under this section, the retailer so suspended may not sell tobacco products and must remove all tobacco products from all retail areas. In addition, any new application for a license while a retailer is suspended under this chapter shall be denied. [Ord. 683 § 8, 2000.]
5.30.090 Selling tobacco without a license – Penalty.
Violators of PMC 5.30.020 are subject to a fine of $500.00 for each day a violation occurs. [Ord. 683 § 9, 2000.]
5.30.100 Notice.
A. Unless otherwise provided, prior to the revocation or suspension of a license issued under this chapter, the city manager or his/her designee shall provide a notice to the holder of said license. The notice shall contain the following information:
- The name and title of the person issuing the notice;
- The date on which the fine, suspension, or revocation will become effective;
- The reason for the fine, revocation, or suspension;
- That the licensee may request a hearing regarding the fine, revocation, or suspension;
- That the request for a hearing must be made in person or in writing and received by the city manager within 10 days after receipt of the notice of penalty;
- That failure to request a hearing within 10 days after receipt of the notice or by the notice’s return by the postal service shall act as a waiver of the right to a hearing and the fine, revocation, or suspension will, if applicable, become effective on the date included in the notice. [Ord. 683 § 10, 2000.]
5.30.110 Hearing.
A. Upon request for a hearing as provided in PMC 5.30.100, a hearing shall be held before the city council. The hearing shall be conducted at a regular council meeting within 25 days after the request for hearing is filed with the city. The hearing can be set for a later day if the applicant or licensee so requests.
B. At the hearing, the applicant or licensee may contest the fine, suspension, revocation or denial.
C. If the city council finds that the applicant is not eligible for a license, the city council shall declare the license application denied. If the city council finds that the fine, suspension, or revocation is in accordance with this chapter, then that fine, suspension, or revocation shall take effect immediately. The action of the city council is final.
D. If the applicant or licensee does not appear at the scheduled hearing, the city council may move to deny, fine, revoke, or suspend the licensee or applicant. [Ord. 683 § 11, 2000.]
5.30.120 Tobacco license fees.
A. The fees applicable to the processing of a tobacco retailer’s license shall be paid by the applicant at the time the application is presented to the city and shall be as follows:
1. Application for original, renewal or change of ownership location or privilege: $35.00. [Ord. 683 § 12, 2000.]