(A) Application. Applications shall be required for a new license or for transfers of existing licenses requiring local approval under the Michigan Liquor Control Code. Applications shall be made to the City Council in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a partnership or corporation, verified by oath or affidavit, and shall contain the following statements and information:
(1) The name, age and address of the applicant in the case of an individual; or, in the case of a co-partnership, the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and, if a majority interest in the stock of such corporation is owned by one person or his/her nominee, the name and address of such person;
(2) The citizenship of the applicant, his/her place of birth, and, if a naturalized citizen, the time and place of his naturalization;
(3) The character of the business of the applicant including a description of what services will be provided to patrons and how intoxicating liquor will be offered in conjunction with those services. In the case of a corporation, a copy of the articles of incorporation shall also be provided;
(4) The length of time the applicant has been in business of that character, or, in the case of a corporation, the date when its articles of incorporation were approved by the state;
(5) The location and description of the premises or place of business which is to be operated under such license;
(6) A statement whether the applicant has made an application for a similar or other license on premises other than described in this application, and the disposition of that application;
(7) A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter or the laws of the State of Michigan;
(8) A statement that the applicant will not violate any of the laws of the State of Michigan or of the United States or any ordinances of the city in the conduct of its business;
(9) A statement as to whether the applicant will offer entertainment at the licensed premises, and a description of the kind(s) of entertainment to be offered. The statement will address whether any entertainment will include public nudity;
(10) The application shall be accompanied by building and site 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, refuse disposal facilities and, where appropriate, adequate plans for screening and noise control; and
(11) A copy of all financial information and documents provided to the Michigan Liquor Control Commission investigator regarding financial responsibility.
(B) Approval standard for new license or license transfer requiring local approval. In determining whether a new license should be issued or an existing license should be transferred, the City Council shall consider the following factors:
(1) Whether the applicant, or if a partnership or corporation any member of the partnership or corporation, has been denied a license in the past seven years and the reasons for the denial;
(2) Whether the application is complete and contains all of the information required by this chapter;
(3) Whether the application shows compliance with applicable city ordinances regarding off-street parking, lighting, refuse disposal facilities and landscaping/screening and, additionally, noise control;
(4) The impact of the proposed license and associated business on the occupants and owners of adjoining properties;
(5) Whether the proposed license and associated business will adversely affect traffic safety;
(6) Accessibility to the sight from abutting roads;
(7) The distance from public or private schools for minors; and
(8) Whether the business will cause noise which would so that public or private land will be adversely affected.
(C) Requirements for license; new and transfers requiring local approval. Regardless of the City Council's evaluation of the approval standards, no license shall be issued to:
(1) A person whose license, under this chapter, has been revoked for cause;
(2) A person who, at the time of the application or renewal of any license issued hereunder, would not be eligible for such license upon a first application;
(3) A person who does not own the premises for which a license is sought or does not have a lease therefor for the full period for which the license is issued, or to a person, corporation or co-partnership that does not have sufficient financial assets to carry on or maintain the business;
(4) A person on whose premises there exists a violation of the applicable building, electrical, mechanical, plumbing or fire codes, applicable zoning regulations, applicable public health regulations, or any other applicable city ordinance;
(5) A person whose application proposes a use which would be in violation of any city zoning or police power ordinance, or state or federal law;
(6) A person in situations where there are delinquent unpaid real estate taxes and/or personal property taxes relating to the real estate or business which has been used, is used or will be used in conjunction with the license;
(7) A person where it is determined by a majority of the City Council that the premises for which the license has been requested do not or will not within six months after commencement of operations, have adequate off-street parking, lighting, refuse disposal facilities, screening, noise, or nuisance control or where a nuisance does or will exist; or
(8) A person whose licensing activity will expand or intensify a non-conforming use under the city zoning ordinance.
(D) Term of license. Approval of a license shall continue for as long as the Michigan Liquor Control Commission license continues subject to periodic review by the City Council regarding continued compliance with the regulations of this chapter and any conditions of approval. Approval of a license shall be on the condition that any necessary remodeling or new construction for the use of the license shall be commenced within six months of the action of the City Council or the Michigan Liquor Control Commission approving such license, whichever last occurs. Any delay in the completion of such remodeling or construction may subject the license to revocation.
(E) Reservation of authority. No applicant for a license has the right to the issuance of such a license to him, her or it, and the City Council reserves the right to exercise reasonable discretion to determine who, if anyone, shall be entitled to the issuance of such license. If an application is incomplete, the license may be denied without a consideration of the merits of the application.
(F) License hearing. The City Council may act on an application for a new license or the transfer of an existing license at any regular or special meeting. The City Council may hold a public hearing on any application when it is determined to be in the public interest. Following action on an application, the City Council shall submit to the applicant a written statement of its findings and determination.
(Prior Code, § 7.303) (Ord. 758, passed 1-7-2013; Ord. 779, passed 1-16-2017)