§ 111.22. FACTORS DETERMINING GRANT OF APPROVAL; AUTHORITY OF TOWNSHIP BOARD; DISCRETION TO APPROVE ISSUANCE OF LICENSES.  


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  • (A) Review factors. In reviewing a request for a new license or permit or transfers of ownership of existing licenses or transfers into the township of new on-premises licensees, the Township Board may consider and/or weigh the following factors:
    (1) Conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and property;
    (2) Total number of similar licenses in the township;
    (3) Input from residents and surrounding business owners;
    (4) Impact of the establishment on surrounding businesses and neighborhoods;
    (5) Whether a proposed licensed premises is part of a multi-use project with substantial new retail, office or residential components. The size of the licensed premises relative to the overall project or development;
    (6) Crowd control;
    (7) Parking availability;
    (8) Preservation or restoration of historic buildings;
    (9) Locating in an underdeveloped area;
    (10) Concentration of drinking establishments and impact on policing requirements;
    (11) Policing requirements;
    (12) Business history;
    (13) Business experience;
    (14) State Liquor Control Commission and/or State Liquor Control Code violation history;
    (15) Percent of floor area devoted to dining versus bar area;
    (16) Size of bar area;
    (17) Size of dance floor, if any;
    (18) Type or character of the establishment (e.g., dining, nightclub, hotel, dance club);
    (19) Non-payment of taxes or other payment due to the township; and
    (20) Any other factor(s) that may affect the health, safety and welfare or the best interests of the community.
    (B) Supplementary. This chapter shall not operate to limit any legal authority vested in the Township Board and shall be considered to be supplementary to the exercise of the Township Board's authority.
    (C) Distribution of licenses. Notwithstanding any provision of this chapter to the contrary, the Board shall be under no obligation to distribute any unissued licenses available within the township at any given time. No applicant has a right to the issuance of a license, and the Board reserves its right to exercise reasonable discretion to determine which application, if any, to approve of for the issuance. Further, no applicant shall have the right to have its application processed, and the Board reserves its right to take no action with respect to any application for approval filed with the township. The Board may maintain a list of all applicants and review the list when, in its discretion, it determines that the issuance of an additional license is in the best interests of the township at large and for the needs, benefit and convenience of its citizens.
    (D) Time for commencement of construction. Approval by the Township Board of an application for a license shall be subject to the condition that any necessary remodeling or new construction for the use of the license shall be commenced by the applicant within six months of the action of the State Liquor Control Commission approving the license, and shall be completed within six months of the commencement date. Further, the site plan shall comply with all site plan review provisions provided by the Township Planning Commission and must be pre-approved by all reviewing township departments.
    (Ord. 10-002, passed 10-26-2010)