(A) The Village Clerk, or his or her designee, be and is hereby designated as the agent of the village to determine whether a special designated liquor license is to be approved or denied in accordance with the criteria established in division (B) below.
(B) The following guidelines will be applied by the Village Clerk in reviewing applications for special designated liquor licenses for the consumption of alcoholic liquors.
(1) An application for a special designated liquor license will be presented to the Village Board when:
(a) The applicant for a special designated liquor license has not previously applied for a special designated license; or
(b) The special designated liquor license is requested for activity on property owned or operated by the village.
(2) An application for a special designated liquor license will be approved by the Village Clerk only when:
(a) Review any recommendation by the Village Police Chief or his or her designee of the State Liquor Control Commission special designated license application to ensure adequate levels of security for general safety and the enforcement of liquor laws;
(b) Adequate restroom facilities are available or will be provided;
(c) The licensed area will be separated from other areas by a fence, wall, or similar barrier sufficient to prevent uncontrolled entrance or exit from the licensed area, if the license is requested for an outdoor area;
(d) The granting of such a permit will not create traffic congestion or hazards and will not violate any of the provisions of this code;
(e) The application for special designated liquor license is submitted for review at least 21 days prior to the event date. The Village Clerk may deny any application received with insufficient time to complete the review necessary to make a determination as to whether to approve or deny said license; and
(f) The application otherwise complies with the requirements and limitations of the State Liquor Control Act.
(3) An application for a special designated liquor license will be denied by the Village Clerk when:
(a) The application is made by a corporation, association, organization, or other entity, whose membership consists of a majority of individuals who are under the legal drinking age;
(b) The area included within a special designated permit is outside of any fully enclosed structure and/or requires a street closing, except when the application is made in conjunction with a festival or other similar sponsored or supported community event; and
(c) The application does not satisfy the criteria set forth above for approval by the Village Clerk.
(4) Upon denial of a special designated liquor license, the Village Clerk, or their designee, shall give the applicant a written statement of the reason(s) for denial. Any applicant denied a special designated liquor license based upon the above guidelines, may file with the Village Clerk a written request for said application to be heard by the Village Board for consideration. Such request shall be submitted within three business days following the denial of the license. The request shall be considered at the next regularly scheduled Village Board meeting.
(5) The notice of approval or denial of the license shall be forwarded to the State Liquor Control Commission in the same manner as if the approval or denial was issued by the Village Board.
(6) At least quarterly, the Village Clerk, or his or her designee, shall provide the Village Board with a report of all special designated liquor licenses approved or denied during the preceding months.
(7) The guidelines in this division (B) shall be applied to all applications for special designated liquor licenses for the consumption of alcoholic liquors. Nothing herein shall preclude the Village Board from deviating from the above-stated guidelines when exceptional or peculiar circumstances exist warranting such a deviation. The Village Board may, at any time, adopt specific criteria to be considered during review of any special designated liquor license application. Upon adoption, said criteria shall be considered prior to approval or denial of all applications for special designated liquor license, whether said approval or denial is administered by the Village Board or the Village Clerk or his or her designee.
(8) The guidelines in this division (B) shall be applied to all applications for special designated liquor licenses for the consumption of alcoholic liquors. Any applicant denied a special designated liquor license based upon the above guidelines may request that such application be heard by the Village Board of Trustees.
(Ord. 2022-1, passed 1-4-2022)