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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.)
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.)
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.)
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.)
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.)
Upon determination of the existence of any one or more of the following elements, grounds or conditions, the City may request the Michigan Liquor Control Commission to revoke an existing license, or a permit held in conjunction with the license, or object to the transfer, issuance or renewal of a license, to sell alcoholic liquor for consumption on the premises:
(a) A person has had a license, under this chapter or under any State law, revoked for cause in the three years preceding the date of application for a new license or transfer of an existing license.
(b) A person, at the time of application for renewal of any license already issued under this chapter, is not eligible for such a license upon a first application, as determined by any State or local law.
(c) One or more of the members of a copartnership are not qualified to obtain a license. A limited partnership qualifies for a license if all general partners are qualified to obtain such a license, irrespective of the fact that other partners may not be so qualified.
(d) Any officer, manager or director of a corporation, or a stock owner or stockholder owning in the aggregate more than five percent of the stock of such corporation, is not eligible to receive a license under this chapter for any reason.
(e) A person has been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor or a controlled substance, and the violation occurred on the licensed premises.
(f) There exists on the premises a violation of any of the provisions of the Building Code, the Fire Code or the Zoning Code of the City or any applicable public health law and/or regulation, any Michigan Liquor Control Commission rule or regulation or any other applicable City ordinance or State law.
(g) The City Commission determines that certain premises do not, or will not reasonably soon after the commencement of operations, have adequate off-street parking, lighting, refuse disposal facilities, screening and noise control, or that a nuisance does or will exist on such premises, as determined by applicable City ordinances.
(h) The City Commission determines that the proposed location is inappropriate, considering the desirability of establishing a location in developed, commercial areas, in preference to isolated, undeveloped areas; traffic safety; accessibility to the site from abutting roads; capability of abutting roads to accommodate the commercial activity; distance from public or private schools for minors; proximity of inconsistent zoning classification; and accessibility from primary roads or state highways.
(i) The applicant or licensee owes personal property taxes.
(j) The applicant or licensee has filed an application containing false information with the City Clerk.
(k) A public nuisance is maintained upon the premises.
(l) The licensee or applicant fails to comply with promises or representations made by him or her to the City Commission or any condition imposed upon such applicant or licensee as a basis for the approval.
(Ord. 35-84. Passed 1-8-85; Ord. 20-92. Passed 9-8-92.)
(a) Before filing an objection to the issuance of a liquor license or to the renewal of a liquor license, or before requesting the revocation of an already existing license, with the Michigan Liquor Control Commission, the City Commission shall hold a hearing on the matter and serve the license holder and any other person known to have a legal interest in such license, by first-class mail, mailed not less than ten days prior to the hearing, with notice of the hearing, which notice shall contain the following:
(1) Notice of the proposed action;
(2) Reasons for the proposed action;
(3) The date, time and place of the hearing; and
(4) A statement that the licensee may present evidence and testimony and confront witnesses.
(b) The hearing shall be attended by a court reporter so that a transcript will be available for review by all parties. The City Commission's decision shall be final and a written statement of its findings and conclusions shall be submitted to the license holder and the Liquor Control Commission.
(Ord. 35-84. Passed 1-8-85.)