[Added 10-27-2009 by Ord.
No. 1395]
License holders may develop facilities defined herein as the
"adjacent premises facility," which shall permit and allow such licensees
to sell such alcoholic liquors as are allowed to be sold under the
license then duly held. Such sales conducted within this adjacent
premises facility shall be confined to a defined enclosed area (roof
not required). The application for an adjacent premises facility shall
be on a form provided by the Village Clerk and shall, in writing:
A.
State the hours during which liquor is to be sold;
B.
Describe the physical improvements to be made by the applicant to
ensure that minors shall not be frequenting the adjacent premises
facility and to ensure that minors are not served, offered or allowed
to possess alcoholic drinks;
C.
State information showing the ownership of the land proposed to be
developed, and, if different than the licensee, include an affidavit
signed by the owner of the land, stating that the owner has freely
and fully consented to the development of such a facility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Mayor may refuse to approve the application for an adjacent
premises facility as provided for herein if it is found that:
A.
Any provision of state law, local ordinance or other duly adopted
rule or regulation relating to the licensing or sale of alcoholic
liquor at retail, other than those provisions which would be in direct
conflict with the provisions herein relating to the application, would
be violated;
B.
To grant the application would pose any threat to public safety or
would likely create a public nuisance; or
C.
The improvements proposed by the licensee to ensure the protection
of minors are not adequate to reasonably ensure such protection.
A.
An application
for an adjacent premises facility, if approved, may be conditioned
upon the applicant enforcing certain conditions, including, but not
limited to, those imposed for the protection of minors. Whenever deemed
appropriate by the Mayor, the failure of a licensee to enforce such
imposed conditions may constitute grounds to suspend or revoke the
liquor license of the licensee duly issued by the Village for the
establishment adjacent to the premises regulated under this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The following is a list of conditions with respect to an adjacent
premises facility with respect to liquor licenses. These conditions
must be met prior to the issuance of an adjacent premises facility
license and are as hereinafter set out:
(1)
Said premises shall be adjacent to and adjoining the current license
holder's establishment.
(2)
The license holder shall use reasonable means to restrict access
to said adjacent premises facility and shall allow only adults to
enter said facility.
(3)
The hours of said adjacent premises facility shall be the same hours
as currently contained in the Village ordinances or as may be amended
by future ordinance.
(4)
Said adjacent premises facility shall have no time restriction; that
is, said facility may be open at the same time as the tavern pursuant
to the current ordinances now in effect.
(5)
Said adjacent premises facility is not required to have access through
the current building of the license holder.
