In order to provide a process for addressing nuisance issues tied to a specific liquor licensee, the Portland City Council adopted a Time, Place, and Manner (TPM) ordinance for businesses that sell and serve alcoholic beverages. Specifically, the TPM ordinance defines “nuisance activity” and establishes a procedure to be followed should three or more nuisance activities occur within a 30-day period.

Nuisance activity involves sound producing equipment, disorderly conduct, offensive littering, drinking on public rights of way, interference with vehicles, alcohol violations in parks or discharge of a firearm.

If three or more nuisance activity violations occur within 30-days, the licensee will be notified and given 10 days to respond by disputing the occurrence of the nuisance activity or providing a plan to prevent the reoccurrence of such activity. The City will review the plan and, if accepted, develop an enforceable agreement with the licensee.

 If a licensee fails to submit an acceptable abatement plan or fails to operate in compliance with the enforcement agreement, the matter may be presented to a Code Hearings Officer, who would determine what, if any, remedy should be imposed. Option include:

1. Limiting the hours or days of operation.

2. Requiring the business to hire adequate security to monitor, control and respond to patron behavior.

3. Restricting time and manner in which entertainment is offered in order to prevent nuisance activities.

4. Ordering the licensee to undertake other actions to abate the nuisance activities or mitigate the noise.

An off-premises licensee currently certified in the Responsible Vendor Program may request to participate in the new “Responsible Neighbor Program.” This program will require the off-premises licensee and city Crime Prevention Coordinator to develop an agreement that addresses nuisance, litter, and loitering control. Should the off-premises licensee receive three nuisance violations or fail to maintain certified status in the RVP program, the licensee would be removed from the Responsible Neighbor Program. Once removed, any subsequent nuisance violation would subject the licensee to the provisions of the TPM ordinance as described above.

 

For more information about the TPM ordinance, visit the City of Portland web site: http://www.portlandonline.com/oni/index.cfm?c=32423