Item 2D - 2005 Leg.Policies Doc - Laserfiche WebLink

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Resolution of employment disputes through voluntary agreement between the parties is preferred to procedures which impose settlements by a third party. 4. INSTALLATION OF ELECTRICAL EQUIPMENT The City supports expanding the existing exemption afforded to cable television companies from electrical permit and licensing requirements to include all forms of communications cable (e.g., coaxial and fiber optic). These types of installations do not require the knowledge, skills and abilities represented by a commercial electrician's license. Cities should not be required to pay the associated fees and expenses of using licensed electricians to install telephone and computer cable and equipment. These requirements do not result in improved personnel or building safety. D. LIQUOR LICENSING To sustain safe, livable neighborhoods, local government recommendations regarding the issuance of liquor licenses should have greater weight when the Oregon Liquor Control Commission acts on license applications. Adverse recommendations by local governments should have ;;presumptive" effect, meaning that a liquor license applicant would have to show good cause to overcome an adverse recommendation from a city. Prior to 1988, adverse local government recommendations regarding issuance of liquor licenses did have a presumptive effect. The Oregon Liquor Control Commission (OLCC) defined presumptive effect as meaning that once an applicant received an adverse recommendation based on OLCC approval criteria, the OLCC would not issue a license unless the applicant was able to show good cause that outweighed the local recommendation. In 1988, the Attorney General issued an opinion stating that OLCC licensing criterion concerning a local governing body endorsement was invalid, that by giving presumptive effect to adverse local government recommendations, the Commission was delegating its licensing authority to local governments unlawfully. The OLCC deleted the language and current language now states: ;;Local government, other government agencies, organizations, facilities or individuals may give the Commission reliable factual information concerning whether there is a basis to grant or deny a license or to impose license restrictions .... " Creating (or re-establishing) a presumption against a license when an unfavorable recommendation is forwarded by a local jurisdiction should be pursed. Such a change in the statutes would allow local governing bodies a greater role in the licensing process. Local recommendations would carry greater weight, while OLCC would play more of a reviewing role and would maintain statewide criterion, thus maintaining consistency in licensing matters across the state. By applying a local government recommendation as a presumption, more of a burden would be placed on the licensee to show good cause to overcome the recommendation. The local City of Eugene Legislative Policies, 2005 Session 50