(A) Procedure.
(1) Before filing an objection to renewal or request for revocation of a license with the State Liquor Control Commission, the Township Board shall serve the license holder, by first-class mail, mailed not less than ten days prior to hearing, a notice of hearing, which notice shall contain the following:
(a) Notice of proposed action;
(b) Reasons for the proposed action;
(c) Date, time and place of hearing; and
(d) A statement that the licensee may present evidence and testimony and confront adverse witnesses.
(2) Following a hearing by the Board, the Township Board shall submit to the license holder and the Commission a written statement of its findings and determination.
(B) Criteria for non-renewal or revocation. The Township Board shall recommend by majority vote non-renewal or revocation of a license upon a determination by it that, based upon competent, material and substantial evidence presented at a hearing, either of the following exists:
(1) Violation of any of the restrictions on licenses set forth in § 112.02(B)(1) through (B)(12); or
(2) Maintenance of a nuisance upon the premises. A NUISANCE is defined as follows:
(a) Selling or furnishing alcoholic liquor, on at least three separate occasions in a single calendar year, to a person who is less than 21 years of age, provided that such sale and furnishing does not involve the use of falsified or fraudulent identification by the person who is less than 21 years of age;
(b) Allowing the premises to be used for the unlawful manufacturing, bartering, using or furnishing of any controlled substance as defined by the laws of the state;
(c) Allowing the premises to be used for the purpose of lewdness, prostitution or gambling; or
(d) Any other acts or conduct which, by competent, material or substantial evidence, the Township Board declares to be a nuisance, provided, that the nuisance is subject to injunction and/or abatement as provided by the laws of the state.
(Prior Code, § IV-4.02)