886.01 Title.
886.02 Statement of purpose.
886.03 Licensing policy.
886.04 New license.
886.05 Review procedures.
886.06 Permits and transfer of ownership.
886.07 Annual license and permit review.
886.08 Revocation and non-renewal.
886.09 Criteria for non-renewal or revocation.
886.10 Capacity limits.
886.11 Building; remodeling.
886.12 Termination of escrowed licenses.
886.13 Fees.
(a) The purpose of this chapter is to allow the City to establish and administer a policy for the issuance, renewal and transfer of Class C type liquor licenses and permits, to provide for the enforcement of liquor laws, regulations and ordinances, and to manage the number of liquor licenses in the City.
(b) This chapter shall also create the Liquor License Review Committee (LLRC), which shall be composed of City Manager, Police Chief and Community Development Director or their designee(s). The purpose of the LLRC is to review applications and make recommendations to the City Council as required by this chapter.
(c) Compliance. Licensees shall comply with all applicable State and City regulations, this general policy, and a plan of operation as approved by the City Council. Any changes to a plan of operation shall be approved by the City Council prior to implementation of the change by the licensee. Failure of such compliance or variance from an approved plan is a violation of this chapter and may result in the City Council recommending to the Michigan Liquor Control Commission that the license be revoked or not renewed.
(d) It shall be the policy of the City to notify all known existing Class C type liquor license holders of proposed changes in this chapter via first class mail at least ten business days in advance of the City Council acting on a change.
(Ord. 2007-20. Passed 10-16-07.)
(a) New licenses or liquor license permits, transfer of ownership of existing licenses, transfers into the City of new licenses, shall be approved in the discretion of the City Council pursuant to this chapter and the Michigan Liquor Control Commission rules and regulation.
(b) The City shall conduct an annual review of all existing licenses in the City.
(Ord. 2007-20. Passed 10-16-07.)
(a) Business Operation. All new requests for permits, requests for transfers of ownership of existing licenses or requests for transfers of licenses into the City of on-premises licensees shall operate in accordance with a plan of operation approved by the City Council.
(b) Plan of Operation. A plan of operation shall contain an operational statement outlining the proposed manner in which the establishment will be operated, including, but not limited to, the format, schedule of the maximum hours of operation, crowd control, security, alcohol management, use of the facilities, parking provisions, plan for interior use and layout, and any other pertinent information as requested by the City or City's Liquor License Review Committee (LLRC).
(Ord. 2007-20. Passed 10-16-07.)
Each applicant for a new license, the establishment of a new permit, the transfer into the City of a new license, or the transfer of an existing license shall make a request to the City in accordance with the following procedures:
(a) Application. Each applicant must submit to the City an application (on a form provided by the City), a plan of operation, a site plan, a plan for interior use and exterior design, and the layout of any ancillary facilities. As part of the application, each applicant shall submit a written statement explaining in detail how their proposal meets the factors listed herein.
(b) City Departmental Review. Upon receipt of an application and plans, the Police Chief will refer same to the Fire Chief, Planning Department, Building Department and other City officers or employees, who shall cause a thorough review and investigation, including, but not limited to a complete history of past business experience and liquor law violations, if any, to be made of the persons and premises. The applicant shall provide all requested information to, and fully cooperate with, all City departments requesting any and all additional relevant information. The findings resulting from such review and investigation shall be reported to the City Manager, who then will report same to the LLRC and the City Council.
(c) Public Hearing/Review.
(1) Hearing. The City Council may hold a public hearing upon a request for a new license, the establishment of a new permit, transfer of an existing license to new owners, or for the transfer of a new license into the City.
(2) Notice. Notice of all hearings shall be provided to all property owners, residents and voters, within 300 feet of the proposed establishment, all LCC Class C license holders. The applicant shall pay the cost of such notice which is three hundred dollars ($300.00).
(3) Appearance. The applicant shall appear at the hearing before the LLRC committee or the City Council, and make a written and/or oral presentation concerning the request.
(4) Recommendation. The LLRC shall review and may recommend approval or disapproval of all requests to the City Council.
(d) Review Factors. In reviewing a request for a new license or permits or transfers of ownership of existing licenses or transfers into the City of new on-premises licensees, the City Council or LLRC may consider and/or weigh the following factors:
(1) Conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and property.
(2) Total number of similar licenses in the City.
(3) Input from residents and surrounding business owners.
(4) Impact of the establishment on surrounding businesses and neighborhoods.
(5) Whether a proposed licensed premise is part of a multi-use project with substantial new retail, office, or residential components. The size of the licensed premise relative to the overall project or development.
(6) Crowd control.
(7) Parking availability.
(8) Preservation or restoration of historic buildings.
(9) Locating in an underdeveloped area.
(10) Concentration of drinking establishments and impact on policing requirements.
(11) Policing requirements.
(12) Business history.
(13) Business experience.
(14) LCC violation history.
(15) Will facility be a sit down full service restaurant serving alcohol or other "bar only" type establishment.
(16) Percent of floor area devoted to dining versus bar area.
(17) Size of bar area.
(18) Size of dance floor, if any.
(19) Type or character of the establishment, e.g. dining, nightclub, hotel, dance club.
(20) Overall benefit of the plan to the City.
(21) Non-payment of taxes or other payment due to the City.
(22) Any other factor(s) that may effect the health, safety and welfare or the best interests of the community.
(e) Approval. If after a review by the LLRC, and/or a public hearing, the City Council may adopt a resolution granting approval, subject to the satisfaction of any conditions stated in the resolution.
(Ord. 2007-20. Passed 10-16-07.)
(a) Permits. New request for permits for dance, entertainment, or dance and entertainment shall be reviewed by the LLRC and approved in the sole discretion of the City Council after an evaluation of the factors listed in Section 886.09 and payment of the application inspection fee. The City reaffirms its longstanding policy of not considering request for topless entertainment permits.
(b) Transfer of Ownership. Request for transfer of ownership of existing licensed establishments shall be reviewed by the LLRC and approved or disapproved by the City Council. The City Council may hold a public hearing. If the continuation of an existing operation is contemplated, the applicant must present a plan that indicates that it will continue the existing operation as established. If there are proposed changes in the operations then the request for transfer of ownership shall be subject to the reviews contained herein.
(c) Change of Operation. Any change in existing operations from a full service sit down restaurant that serves alcohol to an establishment that features primarily alcohol would be subject to a new review as outlined in this section.
(d) Temporary Daily Permits. For a period ending January 31, 2012, the Chief of Police or the designee of the Chief of Police, in conjunction with a written request of a license to the Liquor Control Commission, may approve temporary daily entertainment permits except as follows:
(1) A licensee may not receive more than twelve permits in each calendar year.
(2) A licensee may not receive more that four permits per calendar month.
(3) The entertainment is limited to monologues and dialogues performed by fully clothed entertainers.
(4) Approval of a temporary entertainment permit for monologues and dialogues pursuant to this subsection does not allow other activities such as, but not limited to, the following: topless activity, motion pictures, still slides, closed circuit television, wet t-shirt contests, banana eating contests, other contests, talent shows, lingerie shows and other performances.
(5) The licensee must sign an agreement prepared by the City which limits the scope of permitted activity, provides for sanctions if this section or the agreement is violated and holds the City harmless.
(Ord. 2007-20. Passed 10-16-07; Ord. 2010-08. Passed 8-2-10.)
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