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When a liquor establishment site approval application is withdrawn by the applicant after it was reviewed by the Liquor Commission but prior to the application being placed on the Council agenda, City Council would not be informed as the application that was withdrawn was processed administratively.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 a...
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