(A) It shall be unlawful for any person to operate any cabaret or club cabaret in the city without first obtaining a proper license therefore from the City Clerk. The City Clerk shall issue a license based upon the recommendation of the City Manager, as set forth in § 113.191. No license shall be issued, however, until the applicant shall have complied with the requirements of the Zoning Code, the provisions of this subchapter, and any applicable provisions of this code or any applicable ordinance of the city. Consistent with Michigan Law, a preexisting legal nonconformity shall be deemed to be in compliance with the Zoning Code for cabaret licensing purposes. The fee for cabaret license shall be established by resolution of the City Council which resolution may be amended after three years. The fee shall be set in an amount sufficient to cover the administration and enforcement of the regulations set forth in this subchapter. A cabaret or club cabaret in operation at the time this subchapter is adopted shall be considered a licensed cabaret or club cabaret if it submits an application for a license within 30 days of the effective date of this subchapter. If the application is received within the 30-day time period, said cabaret or club cabaret may continue in operation pending the review of the license application or any subsequent appeal of the decision on the application received within the 30-day time period.
(B) Upon receipt of certification from the departments mentioned in § 113.191, it shall be the duty of the City Clerk to inform the City Manager that the licensing requirements have been complied with and certification received. Thereupon, it is the duty of the City Clerk or his or her designee to approve the issuance of such license unless, within one week of the Clerk's notification, the City Manager files with the Clerk and serves upon the applicant written reasons why such license should not be issued. Unless another appeal procedure is set forth in this subchapter, the applicant may request, within five days of service of the City Manager's decision, a hearing before the City Council, said hearing to be held within 45 days of receipt of the applicant's written request. The City Council may, by majority vote, direct the City Manager or his or her designee to issue said license upon material and substantial evidence on the record as a whole that the City Manager's recommendation was unjustified, or it may affirm or modify the City Manager's recommendation.
(Ord. 816, passed 2-20-08) Penalty, see § 113.999