ACTION REQUESTED:
Title
Communication from the City Manager and Corporation Counsel with a Request to ADOPT an ORDINANCE Amending CHAPTER 3 of the MUNICIPAL CODE of the City of Peoria, to Add Language to WITHDRAW A SITE APPROVAL APPLICATION FOR LIQUOR ESTABLISHMENTS before City Council Consideration.
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BACKGROUND:
When a liquor establishment site approval application is withdrawn by the applicant after it was reviewed by the Liquor Commission but prior to the application being placed on the Council agenda, City Council would not be informed as the application that was withdrawn was processed administratively. However, if a liquor establishment site approval application was placed on the Council agenda, after it was review by the Liquor Commission, Council would have to take action to remove the item from the Council agenda at the respective meeting. Adding language to Section 3-95 allows for applicants to withdraw their application by written notification to the City Clerk before or after the item is placed on a Council Agenda. This will prevent City Council from having to vote on the application that is placed on the agenda if the applicant chooses not to moved forward with their application.
The additional language added to Section 3-95 is the underlined portion of the text below.
Sec. 3-95. - Approval or disapproval by city council.
After receipt of the recommendation from the liquor commission, the city council shall approve or disapprove the site for the retail sale of alcoholic liquors. If the city council has disapproved a site for the retail sale of liquors only once, no application for the same site and use will be considered by the city council or the liquor commission for a period of six months from the date of disapproval unless the applicant can establish a substantial change in circumstances relating to the reasons for disapproval. If the city council has disapproved a site for the retail sale of alcoholic liquors two or more times, no application for the same site and use will be considered by the city council or the liquor commission for a period of 12 months of the date of the last disapproval unless the applicant can establish a substantial change in circumstances relating to the reasons for disapproval. Applicants may withdraw their application by written notification to the City Clerk prior to consideration by the City Council.
FINANCIAL IMPACT: None.
NEIGHBORHOOD CONCERNS: None.
IMPACT IF APPROVED: None.
IMPACT IF DENIED: An application for site approval that is denied once by City Council will not be considered for the same site and use for six months from disapproval unless there is a change in circumstances relating to the disapproval. An application for site approval that is denied two or more times by City Council will not be considered for the same site and use for twelve months from disapproval unless there is a change in circumstances relating to the disapproval. The opportunity for an applicant to withdraw their application by written notification to the City Clerk prior to City Council consideration allows the applicant an opportunity to modify their application before a potential denial by City Council and a 6 to 12 month wait period before their application for the same site and use is re-considered.
ALTERNATIVES: As determined by the City Council.
EEO CERTIFICATION NUMBER: Not applicable.
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Attractive Neighborhoods with Character: Safe and Livable
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Support sustainability.
DEPARTMENT: Legal