(A) All property used by a licensee under this article shall be periodically inspected by the Police Chief, Building Official, Fire Marshal, City Development Director, and City Planner, or their authorized representatives, for the safety of the licensed facility and compliance with all applicable laws, codes, ordinances, and any conditions imposed by any board or commission. A search warrant shall not be required for such inspections, in accordance with the opinion of the Michigan Supreme Court in Gora v City of Ferndale, 456 Mich 704 (1998). It is unlawful for any licensee to deny or refuse access to the property or to hinder the official in any manner in the performance of his or her responsibilities under this article, and such refusal shall constitute sufficient grounds for immediate revocation of a license granted under the provisions of this article. The following minimum standards shall be maintained:
(1) A licensed facility must comply with all applicable construction, building, and fire codes and all other governmental laws and regulations, including all technical codes, as well as the conditions of any permits, licenses, or other approvals issued for, or governing, the use of the facility.
(2) The Planning Department may require that a licensed facility be shielded and screened through the use of walls, fencing, trees, shrubbery, and/or other materials designed to mitigate sound and light emanating from the facility or the property upon which it is located.
(3) The Planning Department may require a licensed facility to submit additional information regarding how the licensee plans to mitigate any potential nuisance caused by the congregation of patrons and/or the use of speakers, amplified music, televisions, displays, lighting, performances, or other forms of entertainment.
(4) If required by the Planning Department due to proximity of the licensed facility to nearby properties that may be residential or otherwise adversely affected by such use, a licensed facility shall post conspicuous signage visible to users of the facility advising patrons to respect neighboring properties by not yelling, screaming, littering, singing, or otherwise engaging in activities that could disturb a neighboring property, and to leave the property courteously and expediently, without loitering in the parking areas or outside of the facility.
(5) A licensed facility shall employ sufficient staff to ensure that noise levels within the facility are not disturbing any nearby residents, establishments, and/or properties, minimizing traffic congestion in parking areas, and complying with all applicable city codes and Ordinances, The facility shall also maintain staff to continuously patrol and monitor the exterior of the property to address any noise and/or nuisance issues and facilitate the dispersal of individuals loitering on the site but outside of the facility.
(6) Unless an alternative is specifically approved by the City Planner or a city board or commission, the ingress and egress points to and from a licensed facility shall be designed to muffle, mask, or prevent lights, vibration, and/or sound from inside the principal structure that could impact neighboring properties by installation of a vestibule, transition room, or hallway with a sound muffling door at each access point, or by installing a sound-muffling revolving door. All ingress and egress doors shall remain closed unless being utilized for immediate ingress or egress, or unless the business is closed to the public and employees are utilizing the doors during daylight hours solely for cleaning, stocking, and similar business purposes.
(7) A licensed facility shall be regularly maintained in a safe, clean, litter-free, and orderly condition.
(8) If applicable, the maximum occupancy permitted in each separate area or room of a licensed facility shall be posted in a conspicuous place at the inside entrance to that individual area or room. The licensee shall ensure that the number of occupants in the area or room does not exceed the posted limit at any time. A server or other person employed by the licensee who briefly enters and exits an area or room in connection with serving patrons shall not be considered an occupant for the purposes of this subsection.
(9) All required city, county, and state permits, licenses, and approvals shall be secured prior to any banquet and event facility or accessory banquet or event use license becoming effective.
(B) Banquet and event facilities or accessory banquet or event uses (i) that have not been lawfully operating for at least 12 consecutive months preceding the date of their license application, or (ii) that have been lawfully operating for at least 12 consecutive months preceding the date of their license or renewal application but have committed more than 1 violation during that time period involving noise, nuisance, or illicit or criminal activities, shall be subject to the following additional nuisance mitigation regulations if located upon property that adjoins any property zoned for, utilized for, or depicted on the city's master plan for future residential purposes:
(1) The applicant or licensee shall prepare a nuisance mitigation plan, which shall address the actions that will be taken and maintained to mitigate noise, nuisances, and disturbances on or originating from the property of the banquet facility or accessory banquet or event use.
(2) The nuisance mitigation plan must be submitted by the applicant with the license application. The nuisance mitigation plan will be presented by the City Planner to the Planning Commission for review under the standards set forth in the Zoning Ordinance.
(3) Failure to comply with the nuisance mitigation plan as approved by the Planning Commission shall be grounds for the Planning Commission to revise or revoke the nuisance mitigation plan. Ongoing or recurring instances of noncompliance shall be submitted by the City Planner to the Planning Commission for review. A license issued under this article shall be suspended by the City Clerk in the event that the Planning Commission revokes an approved nuisance mitigation plan. The license shall be reinstated if the Planning Commission later approves a new or revised nuisance mitigation plan or if the City Planner determines that the noncompliance is otherwise corrected.
(4) Ongoing instances of unforeseen or unintended consequences adverse to other properties or which extend beyond the property line shall be submitted by the City Planner to the Planning Commission for review and consideration of potential amendments to the terms and conditions of the nuisance mitigation plan of the banquet and event facility or accessory banquet or event use.
Exception: Where the adjacent residentially zoned or used property (i) is developed with non-residential use(s) permitted in residential zoning districts that do not contain any one family or multiple family residential dwellings (such as places of group worship; schools; public facilities; recreational facilities; public utilities; private clubs, fraternal organizations, and cultural centers; child or adult day care facilities, etc.); or (ii) is separated from the banquet and event facility or accessory banquet or event use by a public thoroughfare of at least 86 feet in width, no nuisance mitigation plan is required if this section would otherwise require such a plan due solely to the banquet and event facility or accessory banquet or event use being located adjacent to residentially zoned or used property.
(Ord. No. 454, § 3, 7-18-17)