§ 111.124 SANCTIONS.

   Any person or firm who violates any provision of this subchapter shall be responsible for a municipal civil infraction and shall be subject to the sanctions provided for in Ch. 32.

(1984 Code, § 8-13) (Ord. 403, passed 7-19-2009)

SOCIAL DISTRICTS

§ 111.130 DEFINITIONS.

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   COMMONS AREA. An area within a social district clearly designated and clearly marked in accordance with a resolution adopted by the Village Council and which is shared by and contiguous to the premises of at least two qualified licensees. The district shall constitute the “defined area” while this subchapter is in effect and the business is in compliance.

   QUALIFIED LICENSEE. A retailer that holds a license, other than a special license, to sell alcoholic liquor for consumption on the licensed premises; and a manufacturer with either:

      (a)   An on-premises tasting room permit,

      (b)   An off-premises tasting room license, or

      (c)   A joint off-premises tasting room license.

(Ord. 463, passed 3-9-2021)

§ 111.131 ALLOWABLE ACTIVITIES AND RESTRICTIONS.

   (A)   Pursuant to the authority granted by Public Act 124 of 2020 the Village Council may designate by resolution social districts and commons areas, which shall be clearly marked with appropriate signage within a social district.

   (B)   The creation of a commons area shall include the adoption of a management and maintenance plan by resolution, which may be amended as necessary, for the protection of the health and safety of the community and includes, but is not limited to, limitations on the hours of operation for a commons area.

   (C)   Except as provided by state law, the holder of a social district permit issued by the Michigan Liquor Control Commission may sell alcoholic liquor for consumption within the confines of a commons area if both of the following requirements are met:

      (1)   The holder of the social district permit only sells and serves alcoholic liquor on the holder’s licensed premises;

      (2)   The holder of the social district permit only serves alcoholic liquor to be consumed in the commons area in a container to which all of the following apply:

         (a)   The container prominently displays the social district permittee’s trade name or logo or some other mark that is unique to the social district permittee’s on-premises license;

         (b)   The container prominently displays a logo or some other mark that is unique to the commons area;

         (c)   The container is not glass; and

         (d)   The container has a liquid capacity that does not exceed 16 ounces.

   (D)   A purchaser may remove a container of alcoholic liquor sold by a holder of a social district permit from the social district permittee’s licensed premises to the commons area if all of the following conditions are met:

      (1)   The purchaser does not remove the container from the commons area;

      (2)   The purchaser does not possess the container in a motor vehicle; and

      (3)   While possessing the container, the purchaser does not enter the licensed premises of a social district permittee other than the social district permittee from which the purchaser purchased the container.

   (E)   The consumption of alcoholic liquor from a container in a commons area as allowed under this section may only occur during the hours established by the management and Maintenance plan for the commons Area.

(Ord. 463, passed 3-9-2021) Penalty, see § 111.999

§ 111.132 MISCELLANEOUS.

   (A)   The Village Clerk is authorized and directed to file Ord. No. 463 and any resolutions setting forth the designation of the social district and commons areas along with the management and maintenance plans adopted pursuant to this subchapter with the Michigan Liquor Control Commission.

   (B)   Should any section, subsection, paragraph, sentence, clause, or word of this subchapter be held invalid for any reason, such decisions shall not affect the validity of the remaining portions of this subchapter.

   (C)   Nothing herein shall affect violations of the zoning ordinance or any other ordinance existing prior to the effective date of this subchapter and such violation shall be governed and shall continue to be separately punishable to the full extent of the law under the provisions of § 111.999(G) at the time the violation was committed.

(Ord. 463, passed 3-9-2021) Penalty, see § 111.999