(A) Generally. Whenever a person, joint venture, partnership, limited liability company, or corporation which is in the process of obtaining a license from the State Liquor Control Commission to sell alcoholic beverages requests approval from the village for the issuance of the license from the State Liquor Control Commission, the person, joint venture, partnership, limited liability company, or corporation shall file a formal application for approval with the Village Council.
(B) Application verification/information. The application to be filed with the Village Clerk shall be verified by oath or affidavit and shall contain the following information:
(1) The name, age, and address of the applicant in the case of an individual; or, in the case of a partnership, the persons entitled to share in the profits thereof; in the case of a corporation, the names and addresses of the officers, directors, and shareholders;
(2) The location and description of the premises or place of business which is to be operated under such license;
(3) A statement whether applicant has made application for a similar or other license on premises other than described in this application, and the disposition of such application;
(4) A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this subchapter or the laws of the state;
(5) A statement that the applicant will not violate any of the laws of the state or of the United States or any ordinances of the village in the conduct of its business; and
(6) The application shall be accompanied by building and plat plans showing the entire structure and premises and in particular the specific areas where the license is to be utilized. The plans shall demonstrate adequate off-street parking, lighting, refuse disposal facilities, and, where appropriate, adequate plans for screening and noise control. The premises at which the license is to be located shall be inspected by the appropriate village official prior to the public hearing set forth in § 112.03. The premises shall comply with all ordinances of the village.
(C) Processing fee. Along with the application, the applicant shall pay a processing fee which shall be set by the Village Council by resolution from time to time.
(D) Restrictions on licenses. No license shall be issued to:
(1) A person whose license, under this subchapter, has been revoked for cause;
(2) A person who, at the time of application or renewal of any license issued hereunder, would not be eligible for such license upon a first application;
(3) A joint venture, unless all of the members of such joint venture shall qualify to obtain a license;
(4) A partnership, unless all of the members of such partnership shall qualify to obtain a license;
(5) A limited liability company, if any officer, member, manager, or director thereof would not be eligible to receive a license hereunder for any reason;
(6) A corporation, if any officer, manager, or director thereof, or a stock owner or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason;
(7) A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee;
(8) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor or a controlled substance;
(9) A person who does not own the premises for which a license is sought or does not have a lease therefor for the full period for which the license is issued, or to a person, joint venture, partnership, limited liability company, or corporation that does not have sufficient financial assets to carry on or maintain the business;
(10) Any law enforcing public official or any member of the Village Council, and no such official shall be interested in any way either directly or indirectly in the manufacture, sale, or distribution of alcoholic liquor;
(11) For premises where there exists a violation of the applicable building, electrical, mechanical, plumbing, or fire codes, applicable zoning regulations, applicable public health regulations, or any other applicable village ordinance;
(12) For any new license or for the transfer of any existing license unless the sale of beer, wine, or spirits is shown to be incidental and subordinate to other permitted business uses upon the site such as, but not limited to, food sales, motel operations, or recreational activities;
(13) For premises where it is determined by a majority of the Village Council that the premises do not or will not, reasonably soon after commencement of operations, have adequate off-street parking, lighting, refuse disposal facilities, screening, noise, or nuisance control or where a nuisance does or will exist; and
(14) Where the Village Council determines, by majority vote, that the proposed location is inappropriate considering: the desirability of establishing a location in developed, commercial areas, in preference to isolated, undeveloped areas; the attitude of adjacent residents and property owners; traffic safety; accessibility to the site from abutting roads; capability of abutting roads to accommodate the commercial activity; distance from public or private schools for minors; proximity of the inconsistent zoning classification; and accessibility from primary roads or state highways.
(E) Term of license. Approval of a license shall be for a period of one year subject to annual renewal by the Village Council upon continued compliance with the regulations of this subchapter. Approval of a license shall be with the understanding that any necessary remodeling or new construction for the use of the license shall be commenced within six months of the action of the Village Council or the State Liquor Control Commission approving such license, whichever last occurs. Any unusual delay in the completion of such remodeling or construction may subject the license to revocation.
(F) Reservation of authority. No such applicant for a liquor license has the right to the issuance of such license to him, her, or it, and the Village Council reserves the right to exercise reasonable discretion to determine who, if anyone, shall be entitled to the issuance of such license. Additionally, no applicant for a liquor license has the right to have such application processed and the Village Council further reserves the right to take no action with respect to any application filed with the Village Council. The Village Council further reserves the right to maintain a list of all applicants and to review the same when, in its discretion, it determines that the issuance of an additional liquor license is in the best interests of the village at large and for the needs and convenience of its citizens.
(Ord. 2006-1, passed 3-20-2006) Penalty, see § 10.99