(A) Requirements for applicants. A license may be denied as a result of one or more of the following factors:
(1) An individual applicant, who has previously received a smoking lounge license and has had the license revoked or been declared by a court of law to be a nuisance, as defined under the Revised Judicature Act, M.C.L.A.§ 600.3801; or been subject to an order of closure or padlocking.
(2) If the applicant is a co-partnership, and any of the members of the co-partnership fail to qualify to obtain a smoking lounge license.
(3) A corporation if any officer, manager or director or a stock owner or stockholders owning in the aggregate more than 10% of the stock of such corporation, would not be eligible to receive a license or related permit hereunder for any reason.
(4) If the applicant proposes to hire a manager or agent to handle the business operations, and the proposed manager or agent does not possesses the same qualifications as those required of the licensee.
(5) If any of the individuals who are required to be identified on the application, as set forth, have been convicted, found responsible, or nolo contendere for a violation of any federal, state, or local law involving moral turpitude, dishonesty, fraud, violence, controlled substances, the sale, distribution, or furnishing of tobacco, or the sale, distribution, or furnishing of alcoholic liquors may be disqualified, unless.
(a) The individual can demonstrate good cause as to why the disqualifying factor should be granted a waiver.
1. I.e. a reasonable amount of time has elapsed, the individual had made demonstrable changes in their life, the project significantly benefits the city and the disqualifying factor does not relate to the project.
(b) In the discretion of the Chief of Police and City Manager they have both approved a waiver.
(6) If an applicant does not own the premises for which a smoking lounge license is sought or does not have a lease or other right of exclusive possession of the premises proposed for the business for the full period for which the license is issued.
(7) Requirement for the proposed licensed premises. Smoking lounge license shall not be issued if there are any violation(s) of the applicable building, electrical, mechanical, plumbing, or fire prevention codes, applicable zoning regulations, or applicable public health regulations, unless such violation can be remedied within a stated period of time as determined by the Fire Department or Building Department.
(8) Location. No license shall be issued to a business located within 500 feet, to the nearest lot line, to be measured as the shortest distance which can be walked or driven on road or sidewalk, of a school.
(9) If the license is denied, within 20 days of the denial the applicant may request in writing an appeal hearing before the City Council.
(a) Appeal hearing.
1. Notice of hearing. Upon receipt of a request for appeal, the City Council shall provide the applicant with notice and an opportunity to be heard. The City Council shall serve notice upon the applicant by certified mail, not less than 20 days prior to the hearing date.
a. The notice shall state: The date, time and place of the hearing.
b. A statement that the applicant may present evidence and testimony, and may be represented by an attorney.
(2) Hearing and decision. The hearing shall be conducted by the City Council and shall be open to the public. The City Council shall submit to the applicant a written statement of its findings, decision, specific grounds for its decision, and a statement that the decision may be appealed to a court of competent jurisdiction.
(Ord. 2020-02, passed 5-26-2020)