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(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
(A) Denial of license application.
(1) The City Manager may refuse to recommend issuance of a license for the operation of any business regulated by this subchapter. The City Manager's written recommendation shall list all reasons for the recommendation based upon the following criteria:
(a) An applicant is under 18 years of age.
(b) An applicant is overdue in his or her payment to the city of taxes, fees, fines, or penalties assessed against or imposed in relation to a cabaret or club cabaret.
(c) An applicant has failed to provide information requested in the application for the issuance of the license or has falsely answered a question or request for information on the application forms.
(d) An applicant has been convicted of a violation of a provision of this section, other than the offense of operating a cabaret or club cabaret without a license, within two years immediately preceding the filing of the application.
(e) The premises to be used for the cabaret or club cabaret has not been approved by the Health Department, Fire Department, or Building Official; or the premises is not in compliance with applicable laws and ordinances.
(f) The license fee required by this section has not been paid.
(g) An applicant has a record of conviction for an offense involving gambling, narcotics, prostitution, pandering, pornography, public indecency, sexual assault, or any violation of any provision of this subchapter within the preceding two years.
(h) The applicant is not in compliance with applicable zoning ordinances.
(i) The Chief of Police reports that the applicant is presently unfit to operate a cabaret or club cabaret due to the applicant's overall criminal record, regardless of the date of any criminal conviction. In making this determination, the Chief of Police shall consider the following factors:
1. The extent and nature of past criminal activities;
2. The age at the time of the commission of the crime;
3. The amount of time that has elapsed since the last illegal activity;
4. The conduct and work activity prior to and following the illegal activity;
5. Evidence of any rehabilitation or rehabilitative effort while incarcerated or following release; and
6. Other evidence of present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for that person, the Sheriff and Chief of Police in the community where the applicant resides, and any other persons in contact with the applicant.
(2) Any denial of a license application based upon the recommendation of the City Manager under division (A)(1)(a) through (h) of this section may be appealed to the City Council by notifying the City Clerk in writing within five calendar days of the denial of the license application. The City Council shall hear the appeal and decide whether to affirm, reverse or modify the city's decision within 45 days of the receipt of the written appeal. The decision of the City Council shall constitute a final decision. The filing of an appeal shall not stay a City Council decision under division (A)(1)(a) through (h) of this section to deny an application for a cabaret license, unless the application is for further renewal of an existing cabaret or club cabaret license. If the application is for the renewal of an existing cabaret or club cabaret license, the applicant may continue to operate unless the city obtains a temporary restraining order or other injunctive relief in the Circuit Court, requiring the cessation of operation pending the appeal.
(3) Any denial of a license application based upon the recommendation of the City Manager under division (A)(1)(i) of this section shall constitute a final decision and may be appealed directly to the Circuit Court. Within 14 business days of the city's denial based upon the City Manager's recommendation for denial of the application for a cabaret license, when made under division (A)(1)(i) of this section, the city shall file an action in the Circuit Court seeking a declaratory judgment affirming the City Manager decision. If the city files for a declaratory judgment within 14 days of the City Manager's decision, the filing of an appeal shall not stay the city's decision under division (A)(1)(i) of this section to deny an application for a cabaret license, unless otherwise ordered by the Circuit Court.
(B) Suspension or revocation of an existing cabaret license.
(1) The City Manager may suspend or revoke an existing cabaret license for the operation of any business regulated by this subchapter, to be effective at the expiration of the appeal period set forth in this section unless otherwise ordered by a court of competent jurisdiction. The City Manager's written suspension or revocation shall list all reasons for the suspension or revocation based upon the following criteria:
(a) A licensee is discovered to be under 18 years of age.
(b) A licensee is found to be overdue in his or her payment to the city of taxes, fees, fines, or penalties assessed against or imposed in relation to a cabaret or club cabaret.
(c) A licensee has falsely answered a question or request for information on the application forms.
(d) A licensee has been convicted of a violation of a provision of this section, other than the offense of operating a cabaret or club cabaret without a license, within two years immediately preceding the filing of the application.
(e) The premises used for the cabaret or club cabaret is no longer approved by the Health Department, Fire Department, or Building Official; or the premises is no longer in compliance with applicable laws and ordinances.
(f) A licensee is convicted for an offense involving gambling, narcotics, prostitution, pandering, pornography, public indecency, sexual assault, or any violation of any provision of this subchapter within the preceding two years.
(g) The Chief of Police reports that the licensee is presently unfit to operate a cabaret or club cabaret due to the applicant's overall criminal record, regardless of the date of any criminal conviction. In making this determination, the Chief of Police shall consider the following factors:
1. The extent and nature of past criminal activities;
2. The age at the time of the commission of the crime;
3. The amount of time that has elapsed since the last illegal activity;
4. The conduct and work activity prior to and following the illegal activity;
5. Evidence of any rehabilitation or rehabilitative effort while incarcerated or following release; and
6. Other evidence of present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for that person, the Sheriff and Chief of Police in the community where the applicant resides, and any other persons in contact with the licensee.
(2) Any suspension or revocation by the City Manager under division (B)(1)(a) through (f) of this section may be appealed to the City Council by notifying the City Clerk in writing within five calendar days of the license suspension or revocation. The City Council shall hear the appeal and decide whether to affirm, reverse or modify the City Manager's decision within 45 days of the receipt of the written appeal. The decision of the City Council shall constitute a final decision. The filing of an appeal shall stay a City Manager or City Council decision under division (B)(1)(a) through (f) of this section to suspend or revoke a cabaret license.
(3) Any suspension or revocation by the City Manager under division (B)(1)(g) of this section shall constitute a final decision and may be appealed directly to the Circuit Court. Within 14 business days of the City Manager's suspension or revocation of a cabaret license under division (B)(1)(g) of this section the city may file an action in the Circuit Court seeking a declaratory judgment affirming the City Manager decision. If the city files for a declaratory judgment within 14 days of the City Manager's decision, the filing of an appeal shall stay the City Manager's decision under division (B)(1)(g) of this section to suspend or revoke a cabaret license, unless otherwise ordered by the Circuit Court.
(Ord. 816, passed 2-20-08)
(A) An appeal to the City Council is commenced with the filing of a written appeal with the City Clerk's Office within the time specified by this subchapter, as provided below. An appeal from a denial of a license application due to the recommendation of the City Manager based upon § 113.189(A)(1)(i) alone, or from a suspension or revocation by the City Manager under § 113.189(B)(1)(g) alone, shall be filed in the Circuit Court of the county in which the city is located, as provided by the Michigan Rules of Court.
(B) The City Clerk shall schedule the appeal for a public hearing within 45 days of the receipt of the written appeal, and shall provide notice of the hearing date, time and location by written notice mailed to the address listed on the application. Notice of the appeal hearing shall also be published in a newspaper in general circulation in the city one week before the hearing, said notice to include the date, time and place of the hearing, the notice of appeal and the name of the party appealing the decision.
(C) The party appealing the decision to deny, suspend or revoke the license shall appear for the hearing at the date, time and place provided in the notice and may present evidence in support to its position, which evidence shall be made part of the record. Any written statements or documentary evidence to be presented at the hearing should be submitted to the City Clerk at least one week prior to the date of the hearing. The city shall allow the party appealing the decision to review any written statements or documentary evidence to be presented at the hearing at least one week prior to the hearing, subject to the exemptions listed in the Freedom of Information Act.
(D) The city shall make a final decision on the appeal within 14 days of the completion of the hearing.
(E) Any person adversely affected by final decision of the City Council or City Manager may appeal the decision to the Circuit Court of the county in which the city is located, as provided by the Michigan Rules of Court.
(Ord. 816, passed 2-20-08)
Upon application and before any license required by this subchapter shall be issued, it shall be the duty of the person seeking such license to request and to provide proof of an inspection of the proposed premises of any cabaret or club cabaret to be made by the Department of Buildings, the Department of Health, and the Fire Department. The departments shall make every effort to inspect the premises promptly upon the request of the applicant, but in no case shall the inspection be delayed more than two weeks from the initial request. In the case of a club cabaret operating pursuant to a limited license issued by the Michigan Liquor Control Commission, upon premises leased or rented for a 48-hour period or less, said premises not being owned by the club cabaret so renting or leasing, said inspection may be waived at the discretion of the City Manager. Upon full compliance with all pertinent laws, rules and regulations of the aforesaid departments, including the following particular requirements, such department shall certify the application to the City Clerk.
(A) Plumbing. All plumbing in cabarets and club cabarets shall meet the minimum requirement of the Plumbing Code of the city. All rooms housing the sanitary facilities shall be equipped with sanitary towels of a type acceptable to the Department of Health. Sanitary drinking fountains shall not be located in the toilet room.
(B) Ventilation. Proper ventilation, either natural or mechanical, shall be provided so that each person on the premises shall be supplied with 1,200 cubic feet of air per hour.
(C) Fire protection, lighting and building safety. The premises of the licensed establishment shall meet the requirements of the Fire Prevention Code, and shall furnish lighting sufficient to provide one foot candle power at table top level. Such lighting may be reduced to accommodate acts of entertainment, while such acts are in progress, but must be raised to the required level at all other times the establishment is in use as heretofore defined.
(D) Compliance with building regulations. The premises shall comply with the building regulations of the city.
(E) Compliance with city codes and ordinances. The premises shall comply with all codes and ordinances of the city. A preexisting legal nonconformity shall be considered as complying with the Zoning Code for purposes of cabaret licensing requirements.
(Ord. 816, passed 2-20-08)
The following rules and regulations shall, where applicable, govern all types of establishments licensed under this subchapter, and any operator or his agent, independent contractor, performer or employee shall not:
(A) Permit any disorderly conduct.
(B) Suffer or allow, in or upon the licensed premises, the annoying, molesting or accosting and soliciting for immoral purposes, of any patrons, independent contractors, performers or employees by other patrons, independent contractors, performers or employees.
(C) Permit any of the following conduct, either by patrons, independent contractors, performers or employees:
(1) The performance of acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
(2) The actual caressing or fondling of the breast, buttock, pubic region or genitals of any other person, patron, independent contractor or performer.
(3) The actual or simulated display of the pubic hairs, pubic region, anus, vulva or genitals.
(D) Allow or permit any person to smoke or hold a lighted cigar, cigarette or pipe, on the dance floor while dancing is permitted.
(E) Fail to provide separate and adequate dressing rooms for male and female performers and/or entertainers if entertainment is provided.
(F) Permit or allow any patron to take an active part in any entertainment; except, that patrons may engage or participate in group or community singing.
(G) Permit overcrowding of the dance floor or provide less than 200 square feet of dance space in establishments which have a seating capacity of less than 100 persons, or provide less than 400 square feet in establishments which have a seating capacity of 100 or more persons. Such dance space shall be plainly indicated by floor markings and shall be kept free of tables, chairs or any other obstacles during the time that dancing is permitted.
(H) Permit any visibly intoxicated person to be sold or served any alcoholic beverages, or permit such person to dance, loiter or be employed on the licensed premises.
(I) Permit independent contractors, performers, dancers and entertainers, to eat, drink, solicit drinks or otherwise mingle with the patrons. As used in this division, the term "mingle" shall not be interpreted so as to prevent an independent contractor or performer from having brief contact with a patron in order to receive tips during or within a reasonable time following a performance. The purchasing of or otherwise furnishing an independent contractor or performer with food or drink shall not be considered tipping. Entertainers under 18 years of age shall not be permitted to remain in that portion of the licensed premises that is open to the public except during periods of actual performance or when accompanied by a parent, legal guardian, or spouse over 18 years of age.
(J) Permit or be engaged in any illegal act or occupation on the licensed premises.
(K) Permit or allow gambling or the use, possession or presence of gambling apparatus or paraphernalia, except for those charitable gaming activities permitted and regulated by Public Act 382 of 1972, as amended. Charitable gaming activities shall only be permitted in an approved charitable gaming room and also meet the following criteria:
(1) Charitable gaming rooms must be confined to an area of the building that is physically separated from the cabaret.
(2) Charitable gaming rooms must be accessed via a separate interior or exterior entry.
(L) Employ or contract with any person except in accordance with the provisions of this subchapter or any applicable provision of this code, any applicable ordinance of the city, or state laws.
(M) Permit any person to remain in or upon the licensed premises who engages in conduct prohibited by this section.
(N) Permit the exhibition of pictures, video tapes or films depicting acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
(O) Permit any person under the influence of any type of drug or narcotic to be sold or served any alcoholic beverages, or permit such person to dance, loiter or be employed on the licensed premises.
(P) Permit any person to perform or audition for a position as a performer, who has performed a secondary service, as described by § 113.195 on the same business day or who is identified on the notice from the Police Department as provided in § 113.196(B) or to allow any person ro perform or audition for a position as a performer without first obtaining the information and documentation required by § 113.196(A) and entering the information on the daily logs as required in § 113.193(A).
(Ord. 816, passed 2-20-08; Am. Ord. 834, passed 2-21-11) Penalty, see § 113.999
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