Loading...
This ordinance shall not operate in limitation of any power or authority vested in the City Council or in the City of Flint by virtues of any existing constitutional or statutory provision, and shall be considered to be only supplementary to the exercise or use of such vested authority and not in derogation thereof.
(Ord. 590, passed 7-5-1945)
Nothing herein contained shall be construed to lessen or avoid the necessity for full compliance with all laws, rules, regulations and ordinances relative to health and safety, including all provisions of the Building and Zoning ordinances; but on the other hand, full compliance therewith shall be a continuing condition of City Council approval of any licenses.
(Ord. 590, passed 7-5-1945)
(a) When any applicant shall seek approval for a license to sell alcoholic beverages at retail or consumption on premises, or for transfer of such an existing license, the Council shall consider the following guidelines in its deliberations and determination as to:
(1) Good moral character, reputation, prior felony and/or any misdemeanor conviction record of crimes related to the person’s likelihood to serve the public in a fair, honest and open manner, and past business history.
(2) Conformity of the business, its location, and its physical premises with all applicable Federal, State and local rules, regulations and ordinances.
(3) Zoning of the subject premises with less restrictive designations to weight more heavily in favor of approval.
(4) The effect that the proposed use would have on traffic conditions in the immediate area, and whether, by virtue of density of traffic or other conditions, the proposed use would constitute a traffic hazard.
(5) The sufficiency of lighting, police control or other conditions concerning the possibility that such use might constitute a nuisance or moral hazard.
(6) Proximity of the subject premises as it relates to a church, school, park or playground, and in the case of a Class C license, property zoned A, B or C residential, it being the policy of the City that location of such a business within 1,000 feet of such other property or entities is not generally desirable, consideration shall be given to the number of kind of other businesses in the general area; the particular circumstances; the number of residences involved; and the ability of the applicant to take measures to eliminate or minimize the legitimate complaints, concerns and fears of the residents surrounding residential areas, or authorities in charge of the church, school or park.
(7) For purposes of determining the effect on surrounding residents, if any, within 1,000 feet of the proposed establishment, the applicant shall be required to attempt to obtain the written consent of at least 66-2/3% of all the owners. If at least 66-2/3% of all such owners shall so approve, there shall be no basis for denying the application on the grounds of complaints or effect on residents. If less than 66-2/3% of the owners shall give consent, the reasons for such failure, including effort or lack of effort on the part of the applicant, number of residences involved, availability of residential owners, and the like, shall be considered in determining whether to approve the application.
(b) For the purpose of measuring distances within the meaning of this section, the distance between the contemplated location, the premises proposed to be licensed, and the church or school building, shall be measured along the regularly traveled thoroughfare between two fixed points, determined by extending two right lines, in prolongation of the contiguous side of the buildings in question, to their intersection with the regularly traveled thoroughfare. Where a park or playground is involved, the measurement shall be to the nearest edge of the park or playground. All applications for new licenses or new locations shall be accompanied by a simple sketch showing that the distance, zoning and other location features involved meet the minimum requirements of this article, and certified to be complete and accurate by a registered civil engineer or surveyor.
(c) Following review of the application, in light of these guidelines and due deliberation thereon, the decision as to approval or denial shall be made, and the reasons supporting the decision briefly stated. In the event the application shall in fact be within 1,000 feet of a church, school or park, or in the case of a Class C license, property zoned A, B or C residential without 66-2/3% consent, approval shall require a specific statement in the motion for approval as to the other factors that constitute good cause for overriding the locational guideline. This section shall not be interpreted to override other ordinances and statutory provisions such as zoning restrictions and similar requirements.
(d) (1) No application for a new license location to sell alcoholic liquors for consumption on the premises shall be approved unless and until a rectangular notice measuring no less than 24 inches on each side shall be posted on the premises for a period of at least 30 days. The notice shall contain the word “Notice” in letters one-half inch high:
“An application for a license to sell alcoholic beverages for consumption on these premises has been filed with the Michigan Liquor Control Commission and the City of Flint.”
(2) The notice shall also contain the following information in letters at least three-fourths inch high:
“Any inquiries or comments regarding this application for a license may be made at:
1. City Clerk’s Office
City of Flint
1101 S. Saginaw Street
Flint, Michigan 48502
2. Michigan Liquor Control Commission
7150 Harris Drive
Lansing Michigan, 48909
(517) 766-0450”
(3) Proof of posting of the notice shall be made by filing of an affidavit of same with the City Clerk, which affidavit shall become part of the application for a license hereunder.
(e) Whenever approval of the application is granted despite location of the premises within 1,000 feet of a church, school, park or playground, notice of that fact shall be forwarded to the Michigan Liquor Control Commission with the approved application to allow for review of the locational situation under State law.
(Ord. 590, passed 7-5-1945; Ord. 1174, passed 4-5-1954; Ord. 1513, passed 10-5-1959; Ord. 2041, passed 3-18-1968; Ord. 2381, passed 9-13-1971; Ord. 2231, passed 10-1-1971; Ord. 2642, passed 5-22-1978; Ord. 2885, passed 9-12-1983; Ord. 2935, passed 1-28-1985; Ord. 3452, passed 3-27-2000)
No application for a license location to sell alcoholic liquors for consumption on the premises or for a transfer thereof shall be approved unless:
(a) The applicant or transferee has been a bona fide resident of the State for one year immediately preceding the filing of an application and a citizen of the United States;
(b) The applicant or transferee owes no delinquent personal property taxes or water bills or other indebtedness to the City; and/or
(c) The applicant or transferee intends to use or does use personal property free of delinquent personal property taxes.
(Ord. 590, passed 7-5-1945)
All applications for license to sell alcoholic liquors for consumption on the premises in the City, shall be made in the manner and form as required by the City Council, acting on resolution from time to time, or as may be required by the Chief of Police. The application shall be completely filled in by ink or typewriter in duplicate, and shall be sworn to by all applicants before the City Clerk or one of the Deputy City Clerks. The application above referred to shall pertain to City approval only and shall be in addition to the applications required by the Liquor Control Commission. The City Clerk shall forthwith refer the application to the office of the Chief of Police who shall cause a thorough investigation to be made of the persons and premises involved in the application and report his findings and conclusions to the City Council. Approval of the City Council shall require a majority vote of the members elect thereof.
(Ord. 590, passed 7-5-1945; Ord. 3170, passed 5-28-1991)
With each application filed for the transfer of either ownership or location of any license, or both, the sum of twenty-five dollars shall first be paid to the City Clerk to reimburse the City for the costs in connection with investigation of the application for transfer, and such application shall not be received by the City Clerk or considered by the City Council unless the aforesaid fee shall first have been paid.
(Ord. 590, passed 7-5-1945)
No application for transfer of ownership or location, or both, of any license to sell alcoholic liquors shall be received by the City Clerk or considered by the City Council if there has been a transfer of the same as to either ownership or location within the period of six months previous to the application, provided however, that this shall not apply to any transfers involved by reason of the death of any licensee or any transfer ordered by any Court or other competent legal authority, act of God, casualty, or serious illness of the applicant.
(Ord. 590, passed 7-5-1945)
(a) Where the licensed owner or operator of an alcoholic liquor establishment violates, or allows another person to violate, the provisions of this chapter, any rule or regulation promulgated by the Michigan Liquor Control Commission, any law of the State of Michigan, or any applicable ordinance of the City of Flint, on or involving the premises licensed by the Commission, the City Council may, after notice of hearing to be held before a panel appointed by the City Council, request to the Liquor Control Commission that the license be revoked, this in addition to criminal penalties otherwise provided for violations where applicable.
(b) In addition, where the licensed owner or operator of an alcoholic liquor establishment also holds other licenses granted under provisions of the City Code, and those licenses are used in the operation of the establishment, those licenses are subject to a suspension for a period of time ranging from six months to one year upon a first request for a license revocation, and to suspension or revocation upon repeated requests for a license revocation.
(Ord. 590, passed 7-5-1945)
No licensee, other than a regularly licensed hotel licensee shall have living quarters on any room containing equipment for living quarters connected with licensed premises and all doorways and other apertures between said licensed premises and living quarters must be securely and permanently sealed.
(Ord. 590, passed 7-5-1945)
Loading...