(a) Liquor Control Committee/Village Administrative Review. A copy of any application submitted under this chapter shall be referred to the Village Council's Liquor Control Committee and may be referred to any Village department, official or consultant for an investigation relating to their areas of responsibility and a report back to the Village Council if, in the discretion of the Village Council or Liquor Control Committee, such investigation is in the interest of the Village residents or would assist the Council or Liquor Control Committee in its review.
(b) Determination. After receiving the reports of the Liquor Control Committee and any department, official or consultant from which a report has been requested, the Village Council shall make a decision on the application. It shall determine whether to approve or disapprove the issuance or transfer of a license or the issuance of a dance, entertainment or dance-entertainment permit to the State Liquor Control Commission, and shall transmit its decision to the State Liquor Control Commission and give notice of its decision promptly to the applicant, in writing.
(c) Council Decision. Such decision of the Village Council to approve or disapprove of an application shall be wholly within its discretion and its determination as to what action will best promote the best interests of the Village and its inhabitants. In reaching its decision, the Council should consider all pertinent factors, including those listed in this division. By listing some of the factors to be considered, this division shall not be deemed to give applicants for liquor licenses any more or greater due process rights than those existing under the laws of the State. The factors considered by the Council shall include the following:
(1) The possibility of a consequent significant cost burden on the Village;
(2) The Council's perception of the attitude of Village residents generally, as well as those in the immediate neighborhood of the premises;
(3) Whether the property values or character of the adjoining neighborhood will be adversely affected;
(4) Consistency with the zoning ordinance, zoning map and master land use plan, and the anticipated impact of the establishment on nearby businesses and residences;
(5) Whether or not the location of the proposed licensed premises is in the best interests of the Village;
(6) Crowd control;
(7) Pedestrian and vehicular movement;
(8) Applicant's investment in the facility;
(9) Whether it is in the best interests of the Village to approve of the issuance of a liquor license to a different or prospective applicant;
(10) Whether or not an applicant's business, whether existing or proposed, will generate at least 50% of its gross revenues from the sale of food, and whether the applicant's premises are or will be, prior to commencing liquor sales, equipped to serve the required volume of food sales;
(11) Whether traffic and parking requirements generated by the proposed licensed premises will cause unnecessary congestion or inconvenience on the public highways;
(12) The applicant's experience, if any, in conducting a business holding a license from the State Liquor Control Commission; and
(13) Any other factor(s) that may affect the health, safety and welfare of the community.
In reaching its decision, the Village Council shall not be limited by the considerations specifically addressed in the application, but shall make its decision based on additional matters determined or adopted by it in the best interest of the Village residents.
(d) Vote of Electors. If the Village Council decides it is inclined to approve an application for an on-premises liquor license, the Village Council shall submit the question of whether the Village should approve the application to a vote of the electors in accordance with Village Charter Chapter XVI, Section 13, as amended. If the voters approve the application, the Village Council shall forward its recommendation to approve the application for an on-premises liquor license to the State Liquor Control Commission. If the voters disapprove the application, the Village Council shall accordingly disapprove the application.
(e) Duration and Conditions. Any recommendation by the Village Council to the State Liquor Control Commission to approve an application for an on-premises liquor license or a dance, entertainment or dance-entertainment permit or a transfer of a license or entertainment permit is effective for one year and is conditioned on continuation of the facts represented in the application submitted by the applicant and completion of any construction or remodeling contemplated in the application within six months (unless Council expressly authorizes a longer period) from the date of the recommendation to the State Liquor Control Commission to approve issuance or transfer of the license or the dance, entertainment or dance-entertainment permit. Denial of the application by the State Liquor Control Commission, or the failure to obtain approval from the State Liquor Control Commission within one year from the Village Council's recommendation shall cause the Village Council's recommendation to automatically expire.
(Ord. 2002-02. Passed 5-13-02.)