§ 113.02  LEGISLATIVE INTENT.
   (A)   The City Council acknowledges the difference which the law recognizes between applications for new licenses and the transfer, renewal or revocation of existing licenses. As to new licenses, this chapter is designed to provide a framework in which the City Council can decide whether to approve or deny an application for a new license. This framework, when followed, will show a reviewing court that the City Council’s discretion was not exercised arbitrarily or capriciously. The City Council recognizes that the issuance or denial of a license can be controversial and that litigation over the City Council’s decision can easily result.
   (B)   The regulation of licenses and their impact on the land use goals of the city are legislative decisions. The voters and legislative process are the methods which should be used to alter legislative decisions as long as the legislative decisions are not made in an arbitrary and capricious manner. It is hoped that a reviewing court will respect the function of the City Council as well as the electoral process in evaluating the actions of the City Council.
   (C)   Sections of this chapter dealing with public nudity are intended to address the city’s recognition that public nudity in areas in which alcohol is being consumed can create significant negative secondary effects. Such sections are intended to regulate and minimize those negative secondary effects and to effectuate the city’s definition of public nudity, and are not intended to specifically regulate or inhibit any activity protected by the First Amendment.
   (D)   The city acknowledges that existing licensees have property rights in those licenses. Thus, for the transfer of existing licenses the city has adopted with modification certain requirements recommended by the Michigan Townships Association. For the renewal or revocation of existing licenses, the city has adopted a system in this chapter to meet procedural due process requirements.
(Prior Code, § 7.302)  (Ord. 758, passed 1-7-2013)