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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)
Each establishment within the city for which a license or permit is granted for the consumption of alcoholic liquor upon the premises or providing shall be operated and maintained in accordance with all applicable laws, ordinance and regulation, and in clean and sanitary manner meeting the approval of the applicable city departments. Upon any violation of any section of this subchapter, the City Council may, after notice and hearing, request the Michigan Liquor Control Commission to revoke such licensee or permits.
(Ord. 710, passed 12-7-92)
(A) Before filing any objection for renewal or request of revocation of a license or permit with the Michigan Liquor Control Commission, the City Council shall serve the licensee or permit holder by first class mail, mailed not less than seven days prior to hearing with notice of a hearing, which notice shall contain the following:
(1) Notice of proposed action;
(2 Reasons for the proposed action;
(3) Date, time and place of hearing; and
(4) A statement that the licensee or permit holder may present evidence and testimony and confront adverse witnesses and may be represented by a license attorney.
(B) The hearing shall be recorded and open to the public and notice of the public hearing shall be mailed by first-class mail to each residence or place of business within 300 feet of the property of the license establishment. Such hearing may be conducted by the City Council as a whole or by a hearing officer or by a committee of the Council appointed by the Council for such purposes. If a hearing officer or Council committee is appointed, it shall be that Council committee's or hearing officer's duty to undertake such hearing and take evidence and testimony of the licensee and witnesses on its behalf or in opposition thereto and after such hearing, the Council committee or hearing officer shall make a recommendation to the City Council for their ultimate final review and decision. The City Council shall submit to the license or permit holder and the Michigan Liquor Control Commission a written statement of its findings and determination.
(Ord. 710, passed 12-7-92)
The City Council may recommend nonrenewal or revocation of a license or permit to the Michigan Liquor Control Commission upon a determination by this Council that, based upon a preponderance of evidence presented at the public hearing, any of the following exists:
(A) Violation of any of the restrictions of licenses or permits set forth in or any provision of this subchapter or any other law, ordinance or statute or Administrative Rules or provisions of the Michigan Liquor Control Act;
(B) Maintenance of a nuisance upon the premises, including, but not limited to, any of the following:
(1) Existing violation of building, zoning, health, fire or regulatory codes;
(2) A pattern of patron conduct upon or in the neighborhood of the licensed establishment which is in violation of the law or disturbs the peace, order and tranquility of the neighborhood;
(3) Failure to maintain the grounds and exterior of the licensed establishment, including litter, debris, refuse blowing or being deposited on adjoining properties.
(4) Entertainment without a permit or entertainment which disturbs the peace, order and tranquility of the neighborhood;
(5) Any advertising, promotion or activity which by its nature causes, creates or contributes to disorder, disobedience to rules, ordinances or laws, or contributes to the disruption of normal activity of those in the neighborhood of the licensed establishment;
(6) Any condition of default in the payment of any tax, fee, charge, water bill, special assessment or other debt to the city or any unpaid judgment payable to the city;
(7) Perjury or any misrepresentation of any information in any application or hearing for the grant or renewal of any license or permit;
(8) Any remodeling or construction, identified as necessary for the use of the licensed premises at the time the license and/or permit is approved or renewed, which has not been completed with six months of the City Council or the Michigan Liquor Control Commission approving such license or permit whichever occurs last;
(9) The operation of the licensee's business or the circumstances and conditions surrounding the licensee as business have changed and/or the type or nature of entertainment conducted by the licensee has changed or is proposed to be changed;
(10) The licensee has failed to comply with any general or specific condition imposed pursuant to the granting of the license and/or has changed or deviated from any of the statements or representations made in the application for license/permit and/or in the investigation for the issuance, renewal or transfer of license/permit;
(11) The license has not been activated by the licensee within a reasonable time after approval by the City Council.
(Ord. 710, passed 12-7-92)
The transfer of any existing liquor license covered under this subchapter shall be subject to each of the requirements, criteria and procedures, including fees, set forth in this subchapter for the granting of a new liquor license. In addition, the transferee-applicant shall furnish a copy of any and all files which may be in the State Liquor Control Commission's possession regarding that Commission's investigation of the transferee as a present licensee or as a previous licensee, or of a business or other legal entity in which the transferee has or has had a partial interest.
(Ord. 710, passed 12-7-92)
ENFORCEMENT
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