RESOLUTION No. 36282 AS AMENDED

Petition to initiate rulemaking under OAR 845-005-0303 to declare an Alcohol Impact Area in North Portland (Resolution)

WHEREAS, the Oregon Liquor Control Commission (OLCC) Administrative Rule 845-005-0303 sets forth a process to create an Alcohol Impact Area (AIA).

WHEREAS, an AIA provides for mandatory alcohol sales restrictions in an area where there is a history of street drinking and related problems.

WHEREAS, the Administrative Rule requires a serious and good faith effort by the city to develop a plan to reduce illicit street drinking and have OLCC licensed retailers voluntarily agree to it.

WHEREAS, a voluntary good faith agreement could not be reached under the Administrative Rule, the community is now requesting that the Portland City Council recommend to the OLCC that it establish an AIA in an area in North Portland roughly encompassing the St. Johns and Cathedral Park neighborhoods.

WHEREAS, restricting sales of large containers of high alcohol per volume beer, malt liquor and fortified wine from licensed businesses selling off-premises alcohol should improve the quality of life in North Portland since this is the type of alcohol sought most by chronic illicit street drinkers.

WHEREAS, alcohol restrictions were first proposed in Old Town area of Portland in the late 1980’s. Consequently, the Old Town community collaborated with the Portland Police Bureau to negate the deleterious effect public inebriates were exacting on their quality of life and business vitality. By 1987, city council requested that the test period restrictions become permanent due to their findings that disorderly conduct, litter, vandalism, pedestrian traffic congestion, harassment, panhandling and criminal activity had abated as a result. The OLCC adopted this Administrative Rule in January 1995, at least partially in response to what had occurred in Old Town. It appears the OLCC created the rule to standardize the process required to impose area alcohol restrictions

WHEREAS, Portland City Code (PCC) 14A.50.010 makes it unlawful to possess an open container or consume an alcoholic beverage in public. Both behaviors are forms of illicit street drinking. ORS 430.399 (the civil detoxification statute) requires police officers to take custody of publicly intoxicated persons who are incapacitated, whose health is in immediate danger or who is dangerous to him/herself or others and deliver them to an appropriate treatment facility.

WHEREAS, as reflected in police and other reports documenting illicit street drinking and public inebriation, there is a lengthy history of problems related to street drinkers and public inebriates in the proposed area who sometimes harass or annoy passersby or aggressively “panhandle” them; they dispose of their alcohol containers on the street or in parks or private real estate, degrading the cleanliness of property; they create hazards when they fail to utilize cross walks or obey pedestrian control signals, wandering into traffic; they sometimes defecate and often urinate in public; and they have been known to use vacant residences as shelter, resulting in either unlawful camping or criminal trespass or burglary; they often steal from area stores in order to acquire the funds to purchase more alcohol.

WHEREAS, there are enormous societal costs associated with street drinking, especially of fortified alcohol, including, but not limited to police resources, emergency responder resources and medical costs.

WHEREAS, there is a statistical history of illicit street drinking and public intoxication in the proposed area. From 2000 through 2003, the police responded on average 130 times per year to public intoxication calls for service from the community. There have been 122 public intoxication calls for service through September of 2004. At this rate there will be 162 calls for service by year’s end in the proposed area, a 25% increase over the previous three years. Police officers dispatched to such a call have limited options.

WHEREAS, in 2000, 2001 and 2002, 84% of containers noted by police officers in illicit street drinking reports for the proposed area were for sizes 16 ounces or larger.

WHEREAS, in the first six months of 2004 there were 58 drinking in public arrests or detoxification reports in the proposed area where alcohol type was identified. 88% of these reports involved beer or malt liquor. When the container size was noted, 82% of the containers were 16-ounces or larger.

WHEREAS, the St. Johns and Cathedral Park neighborhoods accounted for 46.6% of all reported detoxification and street drinking offenses in North Precinct for the first half of 2004.

WHEREAS, public drinking and detoxification reports in North Precinct rose by more than 10% from January 2003 to June 2004. This compares to a twelve (12) percent drop citywide.

WHEREAS, An AIA would restrict the sales of certain alcoholic beverages in the area being sold from package stores selling off-premises alcohol. The proposed restrictions are as follows:

a.  No single container sales of packaged beer or malt liquor containing 5.8% or more alcohol by volume in amounts less than 16 fluid ounces, except in quantities of six or more.

b.  No sales of packaged beer or malt liquor containing 5.8% or more alcohol by volume in amounts 16 ounces or more.

c.  No sales of packaged fortified wine containing more than 13.8% alcohol by volume.

NOW, THEREFORE, IT BE RESOLVED, that the City of Portland recommends to the OLCC that it establish an Alcohol Impact Area as further described in Exhibit A.

Adopted by the Council: December 22, 2004  GARY BLACKMER

Auditor of the City of Portland

Prepared by:              By /S/Susan Parsons

Mayor Vera Katz              Deputy

December 17, 2004

Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1513-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36282 AS AMENDED