(A) Notice of application, Commission consideration. Upon receipt of notice from the Liquor Control Commission of a pending application for approval of a license to sell beer or wine or spirits for consumption on the premises, or for the transfer of an existing license, and a request for local legislative action thereon, the City Commission shall, after investigation and report from the Chief of Police, take action to recommend or not recommend to the Liquor Control Commission the issuance of the license.
(B) Grounds for non-recommendation. No recommendation shall be given for the issuance of a license to:
(1) Any person, for any location which the City Commission determines, by majority vote, is unsuitable for on-premises consumption of beer and wine or spirits, considering:
(a) The proximity of other premises licensed to sell beer and wine or spirits for on-premises consumption;
(b) The lack of any other facilities or uses on the premises to be licensed which are compatible with a license for on-premises consumption of beer and wine or spirits (e.g., restaurant, hotel);
(c) The distance from public or private schools for minors;
(d) The proximity of an inconsistent zoning classification or land use;
(e) Traffic safety;
(f) The accessibility to the site from abutting roads;
(g) The capability of abutting roads to accommodate the commercial activity; and
(h) Such other relevant factors as the city commission may deem appropriate.
(2) Any person, for premises where it is determined by a majority of the City Commission that the premises does not or will not within 6 months of the approval of the license by the City Commission, or prior to the commencement of business, whichever occurs first, have adequate off-street parking, lighting, refuse disposal facilities, screening, noise or nuisance control. Provided, however, that upon timely request and for good cause shown, the City Commission may extend any deadline established by this section;
(3) Any person, for any premise which does not comply with the applicable building, electrical, mechanical, plumbing or fire codes, applicable zoning regulations, or applicable public health regulations; provided, however, the City Commission may approve an application subject to compliance with the applicable codes and regulations within 60 days;
(4) A person who does not own the premises for which the license approval is sought or does not have a lease therefor for the full period for which the license is to be issued;
(5) Any person, corporation or copartnership which, at the time of application for such approval, transfer, or renewal, is delinquent in the payment of any taxes, fees or other charges owed to or collected by the city;
(6) A person whose liquor license has been revoked or not renewed for cause under this article, or a comparable city, or township ordinance, or state law whether in Michigan or otherwise;
(7) A copartnership, unless all of the members of the copartnership shall qualify for approval of a license;
(8) A corporation, if any officer, manager or director thereof, or a stock owner or stockholders owning in the aggregate more than 5% of the stock of the corporation, would not be eligible to receive approval for a license hereunder for any reason;
(9) A person whose place of business is operated or conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee;
(10) A person who has been convicted of a violation of any federal or state law concerning the manufacture or sale of alcoholic liquor;
(11) Any person based upon such other relevant factors as the City Commission may deem appropriate; and
(12) A person who has previously been convicted for a felony.
(Prior Code, § 4-24) (Ord. 94-8, passed 3-17-1994)