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Battle Creek Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF BATTLE CREEK MICHIGAN
PREMILINARY UNIT
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
TITLE TWO - Business Regulation
CHAPTER 802 Licensing in General; Fees, Bonds and Insurance
CHAPTER 803 Alarm Systems
CHAPTER 804 Ambulance Services
CHAPTER 805 Amusement Devices
CHAPTER 806 Auctions and Auctioneers
CHAPTER 808 Bowling Alleys
CHAPTER 810 Cable Television
CHAPTER 812 Carnivals and Shows
CHAPTER 814 Downtown Business District Regulations
CHAPTER 815 Special Events
CHAPTER 816 Circuses
CHAPTER 817 Commercial Quadricycles
CHAPTER 818 Hotel, Motel, and Tourist Home
CHAPTER 819 Electric Skateboards/Electric Scooters
CHAPTER 820 Commercial Airlines
CHAPTER 822 Commercial Businesses
CHAPTER 824 Dances and Dance Halls
CHAPTER 826 Fumigators
CHAPTER 827 Garage Sales
CHAPTER 828 Gasoline Stations
CHAPTER 829 Limousine Services
CHAPTER 830 Mechanical Amusement Devices
CHAPTER 831 Liquor Licenses
CHAPTER 832 Mechanical Amusement Rides
CHAPTER 833 Medical Marihuana Facilities
CHAPTER 834 Open Parking Stations
CHAPTER 835 Adult Use Marihuana Establishments
CHAPTER 836 Pawnbrokers; Secondhand Goods and Junk Dealers
CHAPTER 838 Peddlers
CHAPTER 840 Pool and Billiard Rooms
CHAPTER 841 Precious Metal and Gem Dealers
CHAPTER 842 Rental Housing
CHAPTER 844 Shooting Galleries, Target Areas and Gun Clubs
CHAPTER 845 Sidewalk Cafes
CHAPTER 846 Skating Rinks
CHAPTER 848 Solicitors
CHAPTER 850 Taxicabs
CHAPTER 852 Tent Shows and Meetings
CHAPTER 854 Theaters
CHAPTER 856 Theme and Recreation Parks
CHAPTER 858 Transient Merchants
CHAPTER 860 Tree Trimming, Cutting or Removing
CHAPTER 862 Used Motor Vehicle Sales Lots
CHAPTER 864 Vendors
CHAPTER 866 Drop Boxes
TITLE FOUR - Taxation
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
CHAPTER 831
Liquor Licenses
831.01   Purpose; exception to chapter.
831.02   License applications.
831.025   Location of licensed premises near church or school.
831.03   Periodic inspections.
831.04   Investigation of complaints.
831.05   Application fee.
831.06   Criteria for revocation or objection to transfer, issuance or renewal of licenses.
831.07   Hearings.
   CROSS REFERENCES
   Driving while intoxicated - see TRAF. 410.04 (U.T.C. 5.15)
   Consumption on highways and public property - see TRAF. 410.04 (U.T.C. 5.16a)
   Alcoholic beverages generally - see GEN. OFF. Ch. 604
   Purchase or possession of alcoholic beverages by minors - see GEN. OFF. 694.06
   Licensing in general - see B.R. & T. Ch. 802
   Alcoholic beverages in limousines - see B.R. & T. 829.09
   Alcoholic beverages in parks - see S.U. & P.S. 1060.02
831.01 PURPOSE; EXCEPTION TO CHAPTER.
   The purpose of this chapter is to establish standards and procedures for the review of applications, transfers, renewals and revocations of State liquor licenses by the City Commission, other than those licenses issued pursuant to the special license provisions of the Michigan Liquor Control Act.
(Ord. 35-84. Passed 1-8-85.)
831.02 LICENSE APPLICATIONS.
   A person applying to the Michigan Liquor Control Commission for a new State liquor license (other than special licenses), or for the transfer of an existing liquor license for the sale of beer, wine or spirits for consumption on the premises within the City, shall file with the City Clerk a form signed by the applicant, if an individual, or by a duly authorized agent thereof, if a partnership or corporation, verified by oath or affidavit, containing the following statements and information:
   (a)   The name, age and address of the applicant, in the case of an individual; or, in the case of a copartnership, the names, addresses and ages of persons entitled to share in the profits thereof; or, in the case of a corporation, the objects for which such corporation is organized, the names, addresses and ages of the officers and directors thereof, and, if a majority interest in the stock of such corporation is owned by one person or his or her nominee, the name, address and age of such person;
   (b)   The date and place of birth if the applicant is an individual;
   (c)   The character of business the applicant intends to operate;
   (d)   The length of time such applicant has been in business of that character, or, in the case of a corporation, the date when its charter was issued;
   (e)   The location and description of the premises or place of business which is to be operated under such license;
   (f)   A statement as to whether or not the applicant has ever made application for a similar or other license on premises other than those described in the application, and the disposition of such application;
   (g)   A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any item contained in this chapter or the laws of the State;
   (h)   A statement that the applicant will not violate any of the laws of the State or of the United States or any ordinance of the City in the conduct of its business; and
   (i)   A statement that the applicant, or its agent, does not owe any personal property taxes.
   The form shall be accompanied by building plans, unless the same are already on file with the City, 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 and refuse disposal facilities, and, where appropriate, adequate plans for screening and noise control, as provided under the Zoning Code, the Building Code and the Fire Code of the City.
   All such forms shall be promptly forwarded by the City Clerk to the Planning Department, the Community Development Department, the Police Department, the Fire Department, the City Treasurer and the County Health Department for written review prior to City Commission review.
(Ord. 35-84. Passed 1-8-85.)
831.025 LOCATION OF LICENSED PREMISES NEAR CHURCH OF SCHOOL.
   A new application for a license to sell alcoholic beverages at retail, or a request to transfer the location of an existing license, except for licenses for specially designated merchants not in conjunction with on-the-premises licenses, shall be subject to the following conditions and procedures:
   (a)   The Police Department, upon notification by the City Clerk of the application provided for in this chapter, shall promptly report to the City Clerk in writing the names and addresses of all churches or schools located within 500 feet of the proposed new or transfer location, as measured pursuant to M.C.L.A. 436.17a.
   (b)   The City Clerk shall promptly notify, by certified mail, all churches and schools determined by the Police Department, pursuant to subsection (a) hereof, to be within 500 feet of the proposed location, of the type of license being considered by the City Commission and the Liquor Control Commission.
   (c)   Every church and school receiving such notice shall have fifteen days from the date of receipt of the notice to file with the City Clerk a written objection to the location of the proposed liquor license. Failure to deliver a written objection to the City Clerk within fifteen days of delivery of the notice shall be deemed a waiver of objection by the church or school for the purposes of this section.
   (d)   If any church or school located within 500 feet of the proposed location shall file a written objection with the City Clerk within the time prescribed in subsection (c) hereof, the Clerk shall prepare a resolution denying the application and shall place the resolution on the agenda for the City Commission.
   (e)   In the event that no church or school located within 500 feet of the proposed location files a timely written objection, the City Clerk shall prepare a resolution, if otherwise approvable under State law and these Codified Ordinances, for the approval of the liquor license and shall place the resolution on the agenda for the City Commission.
   (f)   The City Commission may approve or disapprove the application according to the best interests of the City, regardless of whether a church or school has timely filed an objection or not.
(Ord. 2-96. Passed 4-2-96.)
831.03 PERIODIC INSPECTIONS.
   The City, through the Police Department, the Fire Department and any other department deemed necessary, shall review all sites and locations which are licensed by the Michigan Liquor Control Commission for the sale of beer, wine or spirits within the City, and on an annual basis, but under no circumstances later than thirty days prior to the time set for the renewal of the applicable license, and forward to the City Commission a written recommendation concerning any violation.
(Ord. 35-84. Passed 1-8-85.)
831.04 INVESTIGATION OF COMPLAINTS.
   At any time, the City, through the Planning Department, the Community Development Department, the Police Department, the Fire Department or any other department deemed necessary, may investigate complaints regarding activities, conduct or conditions existing on any premises licensed by the Michigan Liquor Control Commission for the sale of beer, wine or spirits, whether or not for consumption on the premises, and forward to the City Commission written recommendations concerning the possible revocation of any State liquor license.
(Ord. 35-84. Passed 1-8-85.)
831.05 APPLICATION FEE.
   The City Commission may establish an application fee to defray reasonable costs of application processing required by this chapter.
(Ord. 35-84. Passed 1-8-85.)
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