February 18, 2004
(Updated) Council Adopts 'Time, Place, And Manner' Ordinance
Local Control Over Liquor-Related Nuisances Goes Into Effect In Thirty Days
Note: This post has been updated. Any and all updates appear at the end of the original post.
After a long series of hearings before the City Council in recent weeks (see our previous reporting here and here), the controversial "time, place, and manner" ordinance sponsored by Commissioner Randy Leonard was approved on a vote of 4-0 (with one abstention) early this afternoon with little further discussion.
"The last thing I want to do is inhibit [businesses] from being able to make it," said Commissioner Jim Francesconi. "This [ordinance] is a very good work product that strikes the balance." Saying that the City must face the reality that the Oregon Liquor Control Commission does not have the resources to handle local-level matters such as those the ordinance intends to address, Francesconi nonetheless warned, "If it's abused by either side, then we're going to get rid of it."
"This is a powerful tool that has evolved over the past year," said Commissioner Leonard. "We don't want to imbalance the relationship between businesses and neighbors." But he added his observation that the relationship was already imbalanced in the direction of the businesses involved.
"This ordinance is really about local control," said Commissioner Dan Saltzman. "[It gives] us the authority to regulate the nuisances aspects of these establishments [and] I think it will not be abused by a few."
Saltzman also expressed his confidence that opponent of the ordinance will not, in fact, challenge it in the courts, but instead push for the Legislature to block its authority -- a note of warning later echoed by Mayor Katz.
Commissioner Erik Sten, who in recent weeks has been absent on parental leave, abstained from voting on the ordinance.
"Let me be perfectly clear," said Mayor Vera Katz. "The Oregon Legislature [has previously taken] our local control away from us." Opponents of the ordinance "will be back before long," she said, to take away even more.
"I'm torn about this," Katz added. "On the one hand, it's not strong enough, [but] on the other hand, if it were strong enough, it could be abused."
(Strangely, while mentioning that she will not be Mayor a year from now, when the ordinance will be reviewed, Katz nonetheless suggested she might be back to lobby for the ordinance to be strengthened.)
Non-emergency ordinances take effect thirty days after their adoption by the City Council. In one month's time, the City of Portland will have the authority, among other things, to limit the hours of operation of any liquor-related establishment which violates the provisions of the "time, place, and manner" ordinance. Such enforcement could only come after three substantiated violations of various nuisance activities as defined by the ordinance.
Update
This ordinance adds Code Chapter 14B.120, and goes into effect on March 19, 2004. It is now available (pdf) via the City's website.