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Thursday, May 31, 2007

Portland Legislature Kills a Bill That Would Have Made it Easier to Open a Bar

Posted by Amy J. Ruiz on Thu, May 31 at 9:56 AM

This just in via Kathy Fuerstenau, chair of the Cully Association of Neighbors—the state senate killed HB 2170, a bill that would have allowed the Oregon Liquor Control Commission to grant a temporary 180-day letter to new applicants, that lets them serve alcohol while the agency processed their application (a process that can take as long as 120 days).

I wrote about the bill in January, when the city’s liquor license specialist notified neighborhoods—who were predictably alarmed about the proposed law.

Kathy forwarded a note from Sean Cruz, aide to Sen. Avel Gordley, who writes:

Senator Rick Metsger, Chair of the Senate Business, Transportation and Workforce Committee, ordered HB 2170 killed in his Committee today, noting the concerns of the neighborhood groups and the issues raised in the amendments.

One of those amendments was from Gordley and Rep. Tina Kotek, which would have “required the OLCC to suspend, cancel or disapprove a liquor license if the city, county or law enforcement requested the action.”

To be honest, though I thought HB 2170 was a no-brainer good idea (one that expanded a straightforward service the OLCC already offers for a change in ownership or off-premises sales applications), I’m glad the thing didn’t pass if it included an onerous amendment like Gordley and Kotek’s.

Though an amendment requiring the OLCC to obey a city’s concerns seems well intentioned, it also carries a huge potential for abuse. Neighbors are already quick to complain about bars—giving them roundabout authority to shut them down (by pressuring the city to send in an objection) would be a disaster. Moreover, though police often have legitimate concerns about some bars, police have also been known to harass bars and clubs. Giving the cops what’s essentially a blanket authority to revoke a place’s license goes way too far.

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