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.)