(A) Application. Applications for a license to sell beer and wine or spirits shall be made to the Township Board, in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a partnership or corporation, verified by oath or affidavit and shall contain the following statements and information:
(1) The name, age and address of the applicant in the cases of an individual; or, in the case of a co-partnership, the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which it is organized, the names and addresses of its officers and directors, and, if a majority interest in the stock of such corporation is owned by one person or his or her nominee, the name and address of the person;
(2) The citizenship of the applicant, his or her place of birth and, if a naturalized citizen, the date and place of his or her naturalization;
(3) The character of business of the applicant and in the case of a corporation, the object for which it was formed;
(4) The length of time the applicant has been in business of that character or, in the case of a corporation, the date when its charter was issued;
(5) The location and description of the premises or place of business which is to be operated under the license;
(6) 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 the application;
(7) 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 article or the laws of the state;
(8) A statement that the applicant will not violate any of the laws of the state or of the United States or any code of the township in the conduct of its business; and
(9) 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.
(B) Restrictions on licenses. No license shall be issued or renewed to:
(1) A person whose license, under this chapter, has been revoked for cause;
(2) Any person who, at the time of application or renewal of any license issued hereunder, would not be eligible for the license upon a first application;
(3) A co-partnership, unless all of the members of the co-partnership shall qualify to obtain a license;
(4) A corporation, if any officer or director thereof or a stock owner or stockholders owning in the aggregate more than 5% of the stock corporation would not be eligible to receive license hereunder for any reason;
(5) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee;
(6) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor;
(7) A person who does not have title to 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;
(8) Any law enforcement officer or any member of the Township Board;
(9) For premises where there exists a violation of the applicable Building, Electrical, Mechanical, Plumbing or Fire Codes, applicable zoning regulations or applicable public health regulations;
(10) For any premises 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 and motel operations;
(11) For premises where it is determined by a majority of the Board 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; and
(12) Where the Board determines by a 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 or 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 an inconsistent zoning classification; and accessibility from primary roads or state highways.
(C) Term of license. Approval of a license shall be for a period of one year, subject to annual renewal by the Township Board upon continued compliance with the regulations of this chapter. 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 Township Board or the State Liquor Control Commission approving the license, whichever last occurs. Any unusual delay in the completion of the remodeling or construction may subject the license to revocation.
(D) License hearing. The Township Board shall grant a public hearing upon the license application. Following the hearing, the Board shall submit to the applicant a written statement of its findings and determination. The Board’s determination shall be based upon satisfactory compliance with the restrictions set forth in divisions (A)(1) through (A)(9) above.
(Prior Code, § IV-4.01)