(A) Criteria for nonrenewal or revocation. The City Commission may recommend nonrenewal or revocation of a license to the Liquor Control Commission upon a determination by the City Commission that, based upon evidence presented at a hearing, any of the following exist:
(1) Violation of any of the grounds for denial set forth in § 114.18(B)(1) through (12);
(2) Maintenance of a nuisance upon the premises;
(3) The failure to comply with promises or representations made by the applicant to the City Commission or any conditions imposed upon the applicant as a basis for the approval;
(4) Failure to comply with the requirements of the Michigan Liquor Control Act, being M.C.L.A. §§ 436.1101 to 436.2303, or the Administrative Rules of the Liquor Control Commission;
(5) The violation of any law or ordinance in the conduct of its business; and
(6) A history of repeated criminal behavior on the premises that would indicate an inability of the licensee to maintain safety and order on the premises.
(B) Procedure.
(1) Before filing an objection to renewal or request for revocation of a license with the Michigan Liquor Control Commission, the City Commission shall serve the license holder, with a notice of hearing not less than 60 days prior to hearing, either personally or by first class mail, which notice shall contain the following:
(a) Notice of the proposed action;
(b) Reasons for the proposed action;
(c) Date, time and place of hearing; and
(d) A statement that the licensee may present evidence and testimony, confront adverse witnesses, and may be represented by counsel.
(2) The City Commission may delegate to a hearing officer the function of holding the hearing. The hearing officer shall thereafter submit his or her findings and recommendation to the Commission. The licensee may, at his or her expense, employ a reporter to transcribe the testimony given at the hearing and make a transcript of the testimony. Following the hearing, the City Commission shall submit to the license holder and the Michigan Liquor Control Commission a written statement of its findings and determination.
(Prior Code, § 4-27) (Ord. 94-8, passed 3-17-1994)