[Adopted 2-3-2003 by Ord. No. 242 (Ch. 14, Art. III, of the 1995 Village Code)]
A. 
Whenever a person, partnership, corporation, or limited liability company which is in the process of obtaining a license from the Michigan Liquor Control Commission to sell alcoholic beverages requests approval from the Village for the issuance of the license from the Michigan Liquor Control Commission, the person, partnership, corporation, or limited liability company shall file a formal application for approval with the Village Council for the Village.
B. 
The application to be filed with the Village Clerk for the Village shall contain the following information:
(1) 
The name, age and address of the applicant in the case of an individual or, in the case of a partnership, the names and addresses of persons entitled to share in the profits thereof. In the case of a corporation, the names and addresses of the officers, directors, and shareholders. In the case of a limited liability company, the names and addresses of the members and managers.
(2) 
The location and description of the premises or place of business which is to be operated under such license.
(3) 
A statement whether applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application.
(4) 
A statement that the 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 of Michigan.
(5) 
A statement that the applicant will not violate any of the laws of the State of Michigan or of the United States or any ordinances of the Village in the conduct of its business.
(6) 
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. The premises at which the license is to be located shall be inspected by the appropriate Village official prior to the public hearing set forth in § 138-5 below. In addition, the premises shall comply with all ordinances of the Village.
C. 
Along with the application the applicant shall pay a processing fee, which shall be set by the Village Council by resolution from time to time.
The Village Council shall set a date for a public hearing, at which time comments can be received from the general public in regard to the application and at which time the applicant or its agents can be questioned by the Council. After passing a resolution setting a public hearing, the Village Clerk shall cause notice to be published in a local newspaper in general circulation in the Village at least five business days prior to the hearing. Approval of the application shall be by a majority of the Council.
If the Village Council refuses to approve the application, the applicant shall be advised in writing and shall be advised as to the basis for the refusal.
Approval of the applicant as a licensee of the Michigan Liquor Control Commission shall be continuing until a transfer to a subsequent applicant or until action is taken by the Village Council as set forth hereafter to object to the annual renewal required by the Michigan Liquor Control Commission or until request by the Village Council to the Michigan Liquor Control Commission that the license be revoked.
The Village Council may object to the annual renewal of the license by the Michigan Liquor Control Commission or may request that the license be revoked upon determination, based on a preponderance of the evidence presented at the public hearing described hereafter, that any of the following exists:
A. 
Violation of any law of the State of Michigan or United States, the Administrative Rules of the Michigan Liquor Control Commission, or violation of any ordinance of the Village.
B. 
Maintaining of a nuisance upon the premises, including, but not limited to, any of the following:
(1) 
A pattern of patron conduct in the neighborhood of the licensed establishment which is in violation of the law and/or disturbs the peace, order and tranquility of the neighborhood.
(2) 
Entertainment which disturbs the peace, order and tranquility of the neighborhood.
C. 
Making a false or fraudulent statement or answer in the application described in § 138-4 above.
D. 
Nonpayment of real property taxes and/or personal property taxes as same come due.
The public hearing referenced above in § 138-8 shall be conducted by the Village Council as a whole at a regular or special meeting. The Village Clerk shall serve the license holder, by first class mail mailed not less than 10 days prior to the public hearing, notice of the hearing, which shall contain the following information:
A. 
Notice of proposed action;
B. 
Date, time, and location of the public hearing;
C. 
A detailed statement as to the reasons for the proposed action, citing specific standards and guidelines the licensee has not complied with or has otherwise violated;
D. 
A statement as to the licensee's rights at the hearing, including the opportunity to defend against the allegations by confronting any adverse witness and by presenting witnesses, evidence, arguments;
E. 
A statement that the licensee has the right to be represented by an attorney.
A. 
At the public hearing, the Village President shall act as the presiding official. The Village representative shall present witnesses and evidence in support of the proposed action; the witnesses called by or on behalf of the Village may be cross-examined by the licensee or the licensee's attorney. The licensee shall thereafter present any witnesses, evidence or argument against the proposed action; the Village's representative may thereafter cross-examine the licensee's witnesses. Any individual Council member may question witnesses called by either the licensee or the Village. There shall be an opportunity for comments from the general public.
B. 
Following the public hearing, the Village Council shall make specific findings of fact and determinations in regard to the proposed action.
C. 
If the Village Council passes a resolution to request that the license not be renewed by the Michigan Liquor Control Commission or to have license revoked, a certified copy of the resolution and a certified copy of the separate statement of findings and determinations shall be delivered to the licensee and to the Michigan Liquor Control Commission.