A. From and after July 1, 2020, the village board shall not create a license if it determines that the sales of food and/or beverages at a proposed location is projected to be less than fifty percent (50%) of the gross sales of the business.
B. However, despite the prohibition in this subsection, the village board may create a license for an applicant if (i) the sales of beverages and entertainment at a proposed location is projected to be greater than fifty percent (50%) of the gross sales of the business. For purposes of this subsection, the word "entertainment" shall mean: (1) an activity involving physical exertion and skill in which an individual competes alone without others for recreation and the activity requires the individual to use certain equipment to participate, (2) an activity involving physical exertion and skill in which an individual or team competes against another for recreation and the activity requires individuals to use certain equipment to participate, or (3) an amusement activity such as any games, excluding regulated games of chance, rides, theaters, escape rooms, painting studios or other generally known amusement activities.
C. The village board shall consider all evidence it deems necessary from any applicant seeking a license to determine whether or not the proposed business model is one which is reasonably calculated to generate sales of food and/or beverages or beverages and entertainment in excess of the fifty percent (50%).
D. The village board shall have the sole and unlimited discretion to determine whether the business plan submitted by any applicant is reasonably calculated to generate sales of food and/or beverages or beverages and entertainment in excess of the fifty percent (50%) of the gross sales of the business.
E. Nothing in this section is intended to have any effect whatsoever on any liquor license created and in existence on or before June 30, 2020. (Ord. 20-06-20, 6-8-2020; amd. Ord. 22-04-24, 4-27-2022)