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The purpose of this subchapter is to promote and preserve the public peace, health, safety and welfare through the local regulation of the application, review, issuance, renewal and revocation of liquor licenses and dance/entertainment permits for liquor establishments to the fullest extent permissible under state law based upon a recognition of the impact of the liquor licenses and dance/entertainment permits on the well-being of the community.
(Ord. 710, passed 12-7-92)
No person shall engage in the business of selling alcoholic liquor, beer, win or spirits for consumption on any premises in the city without first obtaining a license therefore, as required by the statues of the state. No person shall sell alcoholic liquor, beer, wine or spirits for consumption on any premises which provide dance/entertainment within the city without having obtained a permit from the City Council after application and review in accord with provisions of this subchapter and state law for a license or permit.
(Ord. 710, passed 12-7-92) Penalty, see § 112.99
In addition to such application as may be required by the Michigan Liquor Control Commission for licensing by the state, application shall be made to the City Council for a permit to sell alcoholic liquor, beer, wine or spirits, on premises and to provide dance/entertainment thereon. That separate application shall be accompanied by a nonrefundable fee a established by resolution of the City Council. In addition, each licensee shall pay an annual renewal fee as established by resolution of the City Council payable on or before April 1 of each year. The City Council may from time to time amend the established fees by resolution. That separate application shall be filed in writing and forwarded to the Police Department; signed by the applicant, if an individual, or by a duly authorized agent, if a partnership or a corporation, verified by oath or affidavit and shall contain the following information:
(A) The name, age and address of the applicant in the case of a partnership, the partners thereof; in the case of a corporation, the officers, directors, and all shareholders holding directly or indirectly 10% or more of the voting stock or share of the corporation.
(B) The citizenship of the applicants, place of birth and if naturalized citizens, the date and place of naturalization.
(C) The nature of business that the applicant is engaged in; and in the case of a corporation, the object for which it was formed.
(D) The length of time the applicants have been in business or, in the case of a corporation, the date when its Charter was issued.
(E) The location and description of the premises or place of business which is to be operated under such license.
(F) In the case of an application for an entertainment permit, a statement concerning the specific type, kind, character and quality of entertainment proposed to be presented.
(G) A statement as to whether the applicants have operated or made application for a similar license or permit on any premises other than described in this application and the disposition of such application.
(H) A statement that applicant has never been convicted of a crime and is not disqualified to receive a license or permit by reason of provision contained in this subchapter or the laws of the state.
(I) A statement that the applicants will not violate any of the laws of the state or any ordinances of the city or the administrative rules of any regulatory agency in the conduct of their business.
(J) The application shall be accompanied by building and plat plans shoring the entire structure and premises, and in particular, the specific areas where the license/permit is to be utilized. The plans shall demonstrate compliance with all applicable city ordinances and shall be signed by the applicants.
(Ord. 710, passed 12-7-92)
(A) No license or permit shall be issued to:
(1) A person whose license or permit has been revoked for cause;
(2) A person who, at the time of application or renewal of any license or permit issued hereunder, would not be eligible for such license or permit upon first application.
(3) A partnership, unless all of the members of such partnership shall qualify to obtain a license or permit;
(4) A corporation, if any officer, manager or director thereof, or a stock owner of such corporation would not be eligible to receive a license or permit hereunder for any reason;
(5) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses qualifications similar to those required of the permit holder;
(6) A person who has been convicted or found responsible far a violation of any federal or state law or Administrative Rule of the Michigan Liquor Control Commission concerning the manufacture, possession or sale of alcoholic liquor;
(7) A person who does not own the premises for which a license or permit is sought or does not have a written lease therefore for the full period for which the license or permit is issued;
(8) A person who has been convicted of any felony or a misdemeanor involving: Alcohol, dishonesty, false statements or moral turpitude;
(9) A person in default in the payment of any tax, fee or debt to the city.
(B) No permit shall be issued to operate on premises:
(1) Where there exists any violation of applicable city ordinances or Police Department regulations;
(2) Where it is determined by a majority of the Council that the premises do not, or will not reasonably soon after commencement of operations, have adequate off-street parking, lighting, refuse disposal facilities, noise or nuisance control;
(3) Where Council determines by majority vote that the location proposed for a licensed liquor establishment or establishment providing entertainment will have an adverse effect on the community, with consideration given to traffic safety conditions, accessibility to major streets or highways, distance from public or private schools, impact of adjacent residential districts, zoning classification or availability of parking and the impact that the establishment will have upon the resources of the city, including, but not limited to, financial resources and manpower.
(Ord. 710, passed 12-7-92)
(A) Before the approval of the City Council is given to the issuance, renewal or transfer of liquor license or dance/entertainment permit, the application for such issuance, renewal or transfer shall be referred to the following city departments: Police, Building and Safety, Fire, Health, Treasurer and City Manager. The written report of all such departments certifying compliance with all applicable laws and regulations shall be approved by the City Council.
(B) All personal property taxes, real property taxes and other obligations which relate to the premises for which a liquor license or dance/entertainment permit is sought and which are due and payable to the city shall be paid before the City Council shall approve the issuance, renewal or transfer of such license or permit. The city shall not approve the issuance, renewal or transfer of any license or permit to any person, partnership or corporation which is in default to the city.
(Ord. 710, passed 12-7-92)
Approval of the liquor license or dance/entertainment permit shall be for a period of one year subject to annual renewal by the City Council upon continued with all of the provision of this subchapter. Approval of a license/permit shall be with the understanding that any necessary remodeling or new construction for the use of the license permit shall be completed within six months of the action of the City Council or the Michigan Liquor Control Commission approving such license or permit whichever last occurs. Any unusual delay in the completion of such remodeling or construction may result in revocation of the license or permit.
(Ord. 710, passed 12-7-92)
(A) All liquor establishments licenses and dance/entertainment permits shall be automatically renewed on April 15 of each year if the licensee is in compliance with all of the provisions of this subchapter, unless a review of the license/permit is requested by one of the city departments listed in § 112.34. A request for review shall be made in writing to the City Council by April 1. The request shall cite the section of this subchapter being violated and constituting the basis for recommendation of nonrenewal or revocation of the license/permit.
(B) At the time of the annual review by the City Council of liquor establishment license and dance/entertainment permits for the purpose of making recommendations to the Michigan Liquor Control Commission regarding renewal of that license and permits, Council shall consider whether the establishment has been operated during the existing license or permit year in a manner consistent with the provisions of this subchapter and all other applicable laws, ordinances and regulations, whether continued operation in the establishment is likely to adversely affect investment in real property in the in the neighborhood of the establishment, and whether impact upon the neighborhood otherwise contrary to the peace, order and tranquility of the community.
(C) The report of the Police Department to the Council shall include any incidents, that involve a violation of any local ordinance and/or the State Penal Code as amended, specifically including, but not limited to, furnishing alcohol liquor to minors, transporting alcoholic liquor; consumption of alcoholic beverages on public highways and streets, and violations involving underage drinking and fraudulent identification in relation thereto. The Council shall specifically consider such evidence in reviewing renewal of the licensed premises.
(Ord. 710, passed 12-7-92)
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