14B.120.040 Notice.

City Code Section

(Amended by Ordinance 184870, effective September 14, 2011.) 

  1. A.  The Director and the Chief of Police shall appoint a Liquor License Team to review and substantiate the occurrences of nuisance activities.
  2. B.  If the Director or the Chief of Police determines that a nuisance activity has occurred at an establishment, the Director or the Chief of Police will send a written notice to the licensee.  The notice shall contain a description of the nuisance activity, the date and the time of its occurrence.
  3. C.  Upon determining that there is reasonable belief that a violation of this Chapter has occurred as provided under Section 14B.120.030, the Director or the Chief of Police shall send written notice to the licensee.  The written notice shall contain at least the following information:
    1. 1.  The street address or legal description of the establishment, as reflected in the records of the Oregon Liquor Control Commission.
    2. 2.  A concise statement setting forth the date and time of nuisance activities, and the possible remedies that may be imposed under this Chapter by the Code Hearings Officer;  and,
    3. 3.  A request that the licensee provide a written response within ten (10) business days either disputing the occurrence of the nuisance activities or providing specific proposals to abate the nuisance activities and preventing such nuisance activities from reoccurring.
  4. D.  If the licensee's response does not satisfy the Director or the Chief of Police's concerns, they may attempt to develop a nuisance abatement plan with the licensee.  The Director or the Chief of Police may file a complaint with the Code Hearings Officer as provided under Section 14B.120.060 if:
    1. 1.  The licensee refuses to actively and meaningfully participate in the process of developing a nuisance abatement plan; or,
    2. 2.  The effort by the Director or the Chief of Police to develop a nuisance abatement plan with the licensee fails.