(a) Notice of Public Hearing. Before filing either an objection to renewal or a request for revocation of an on-premises license or request for revocation of a dance, entertainment or dance-entertainment permit with the State Liquor Control Commission, the Village Council shall serve the licensee, by personal service or U.S. mail, not less than ten days prior to hearing, with written notice of a public hearing, which notice shall contain the following:
(1) The nature of the proposed action being considered by the Council.
(2) Reasons for the action being considered, detailing and citing the specific standards or guidelines the licensee has not complied with.
(3) The date, time and place of the hearing.
(4) A statement of the licensee's rights at the hearing, including the opportunity to defend by confronting adverse witnesses and being allowed to present evidence, witnesses and arguments; and to be represented by an attorney of the licensee's choosing.
(b) Criteria. The Village Council may object to renewal or request revocation of a license or revocation of a dance, entertainment, or dance-entertainment permit if the Council determines, based upon a preponderance of the evidence presented at the hearing, that any of the following exist or have occurred:
(1) A violation of any applicable building, electrical, mechanical, plumbing or fire code; applicable zoning regulations; applicable public health regulations; applicable rules and regulations of the County Health Department; or any other applicable Village Code provision; or the refusal to allow inspection of the licensed premises by the Village's agents for purposes of verifying and enforcing Village Code compliance.
(2) Failure to maintain the grounds and exterior of the licensed premises or to prevent littering or blowing of refuse or debris onto adjoining property.
(3) Maintenance of a nuisance upon the premises.
(4) A material change has occurred in the plan of operation, conditions, statements or representations contained in the written application by the licensee, or upon which the Village Council based its recommendation for approval of the license or permit, when that change is found to be contrary to the best interests of the Village residents, in the judgment of the Village Council.
(5) The holder of a license or permit has been convicted of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor or a controlled substance.
(6) The premises do not have adequate off-street parking, lighting, refuse disposal facilities, screening, noise or nuisance control where a nuisance does or will exist.
(7) The licensee has allowed the premises to exceed permitted occupancy level.
(8) Disruptive or unruly crowds have been allowed to form on the premises.
(9) Dance floors are not clearly marked, or dancing has been permitted other than on the dance floor.
(10) Restrooms are not maintained in a clean manner.
(11) Alcoholic beverages, including beer bottles, have been permitted to be removed from inside the premises.
(12) The licensee has allowed consumption of alcoholic beverages in the parking lot or on property adjacent to the premises.
(13) The sale or furnishing of alcoholic beverages to a minor, or consumption or possession of alcohol on the premises by a minor.
(14) The licensee has allowed a person under age 18 to serve alcoholic liquor.
(15) Selling or serving alcohol to an intoxicated person or allowing an intoxicated person to consume or frequent or loiter on the premises.
(16) The licensee has allowed fights to occur inside or to spill outside the premises.
(17) The premises have been allowed to be used for accosting and soliciting for prostitution, fights, brawls or the improper use of firearms, knives or other weapons.
(18) The licensee allowed the sale, possession or consumption on the premises of any controlled substance, or has allowed drug paraphernalia to be used, stored, exchanged or sold.
(19) A pattern of patron conduct in the neighborhood of the licensed premises that violates the law or Village ordinance and/or unreasonably disturbs the peace, order and tranquility of the neighborhood.
(20) The licensee, or its employees, have been intoxicated on the premises, or have been allowed to drink or solicit drinks with patrons.
(21) Entertainment on the licensed premises without a required entertainment or dance-entertainment permit.
(22) A violation of any section of this chapter or of the rules and regulations of the State Liquor Control Commission.
(23) For a dance, entertainment or dance-entertainment permit, any breach of the Entertainment Agreement entered into between the licensee and the Village as required in this chapter.
(c) Findings and Determination. Following the hearing, if the Village Council decides to object to renewal or to request revocation of an on-premises license, the Village Council shall submit to the licensee and the State Liquor Control Commission a certified copy of the resolution adopted by the Village Council objecting to the renewal of the license or requesting that the license be revoked. The resolution shall include or be accompanied by a written statement of the Council's findings and determination. In addition, the Village Council shall send to the State Liquor Control Commission:
(1) A certified copy of this chapter, including dates of adoption and the name of the newspaper and date of publication;
(2) A certified copy of the notice sent to the licensee; and
(3) Proof of service of the notice sent to the licensee indicating the date and manner of service.
(Ord. 2002-02. Passed 5-13-02.)