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Wayne Overview
Wayne, Michigan Code of Ordinances
WAYNE, MICHIGAN CODE OF ORDINANCES
CERTIFICATION
DIRECTORY OF OFFICIALS
COMPARATIVE SECTION TABLE
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
TITLE TWO - Business Regulation
CHAPTER 800 Theft Prevention of Alcoholic Beverages
CHAPTER 802 Police Alarms
CHAPTER 804 Billiard Rooms and Bowling Alleys
CHAPTER 807 Cable Communications Regulatory Ordinance
CHAPTER 808 Cable Telecommunications Systems
CHAPTER 809 Cable Television Franchises and Cable Systems
CHAPTER 810 Casual Sales
CHAPTER 812 Christmas Tree Sales
CHAPTER 814 Commercial Antenna Towers
CHAPTER 816 Drive-In Restaurants
CHAPTER 818 Electric Utility Franchises
CHAPTER 820 Fortunetelling
CHAPTER 822 Massage Establishments
CHAPTER 824 Gas Stations
CHAPTER 828 Ice Cream Vendors
CHAPTER 830 Pawnbrokers
CHAPTER 832 Materials Recovery Operators and Materials Recovery Facilities
CHAPTER 834 Precious Metal and Gem Dealers
CHAPTER 836 Medical Marijuana Dispensaries
CHAPTER 838 Medical Marihuana Facilities
CHAPTER 840 Mechanical and Electronic Amusement Devices
CHAPTER 844 Motorcycle Rental Agencies
CHAPTER 858 Shelters for the Homeless
CHAPTER 860 Public Shows, Carnivals, Circuses, Revivals, Public Assemblies and Exhibitions
CHAPTER 864 Solicitors, Canvassers and Vendors
CHAPTER 866 Solid Waste Haulers
CHAPTER 868 Taxicabs
CHAPTER 869 Telecommunications
CHAPTER 870 Telecommunications Systems
CHAPTER 872 Vendors
CHAPTER 882 Blight Regulations for Commercial Areas
CHAPTER 884 Temporary Signage During Construction
CHAPTER 885 Temporary Signage "A"-Frame Signs
CHAPTER 886 Liquor License Management
CHAPTER 888 Mobile Food Service Establishments
TITLE FOUR - Taxation
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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886.03 LICENSING POLICY.
   (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.)
886.04 NEW LICENSE.
   (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.)
886.05 REVIEW PROCEDURES.
   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.)
886.06 PERMITS AND TRANSFER OF OWNERSHIP.
   (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.)
886.07 ANNUAL LICENSE AND PERMIT REVIEW.
   (a)   The City Council will undertake a review of any license or permit for the purpose of making a recommendation to the Michigan Liquor Control Commission regarding renewal of said license or permit. The City Council shall consider whether a licensed establishment has been operated in a manner consistent with the provisions of this chapter and all other applicable laws, and regulations of the City and the State of Michigan.
   (b)   Each year, the City Manager shall cause a review to be made relative to each existing on-premises licensed establishment. The investigation may include, but not be limited to, the following:
      (1)   Licensee shall submit copies of current valid licenses from appropriate county, State or Federal governments to insure authorization to serve food at the establishment.
      (2)   An inspection of the premises to determine whether the licensee is in compliance with the license itself, its approved site plan and if applicable its plan of operation, as well as any conditions imposed by the City or the Michigan Liquor Control Commission or representations made by the licensee at the time of issuance or transfer of the license.
      (3)   An inspection of City records to determine whether all taxes and other monies due the City are timely paid.
      (4)   An inspection of police files or other sources of information to determine whether any activity in connection with the licensed premise is in violation of the law, disturbs the public peace and tranquility, constitutes a nuisance, or contributes to the disruption of the normal activities of those in the neighborhood of the licensed premise.
      (5)   A review of the operation of the licensed establishment to determine whether the business is being operated in compliance with any and all representations that may have been made by the licensee to the City or the City Council.
   (c)   Recommendations from City Departments. Following receipt of a fully completed application, fees, and such other information as may be requested by the City, the City Clerk shall forward the application to the Police Department, Fire Department, Building and Engineering Department, Finance Department, and such other departments as required by the City Manager, which departments shall make their reviews and recommendations prior to consideration by the City Council. In conducting its review, the City may request other pertinent information from the licensee. The completed report shall be reviewed by the LLRC prior to being considered by the City Council.
(Ord. 2007-20. Passed 10-16-07.)
886.08 REVOCATION AND NON-RENEWAL.
   (a)   (1)   Each establishment within the City for which a liquor license or permit is granted shall be operated and maintained in accordance with all applicable laws and regulations of the City of Wayne and the State of Michigan. Upon any violation of this chapter, the City Council may, after notice and hearing, request the Michigan Liquor Control Commission to revoke such license and/or permit.
      (2)   Upon any violation(s) of this chapter, the City will notify the licensee of the specific violation(s) and afford the licensee an opportunity to come into compliance with this chapter. Licensee must reach compliance in that time established by the City Manager, but in no event more than ten days after notification to licensee by City of such violation. Absent compliance within that time established by the City Manager, the City may hold the above mentioned hearing and request that the Michigan Liquor Control Commission not renew and/or revoke such license and/or permit.
   (b)   Before filing any objection to renewal or request for revocation of a license or permit with the Michigan Liquor Control Commission, the City shall serve the licensee with notice and proceed in accordance with this chapter, as may be amended. The City shall serve the licensee by first class mail mailed at least ten days prior to the hearing with notice of hearing, which notice shall contain, the following:
      (1)   Date, time and place of hearing.
      (2)   Notice of the proposed action.
      (3)   Reasons for the proposed action.
      (4)   Names of witnesses known at the time who will testify.
      (5)   A statement that the licensee may present evidence or any testimony that may refute or respond to the claims of adverse witnesses.
      (6)   A statement requiring the licensee to notify the City Attorney's Office at least three days prior to the hearing date if they intend to contest the proposed action, and to provide the names of witnesses known at the time who will testify on their behalf.
   (c)   Upon completion of the hearing, the City Council shall submit to the licensee and the Michigan Liquor Control Commission a written statement of its findings and determination.
(Ord. 2007-20. Passed 10-16-07.)
886.09 CRITERIA FOR NON-RENEWAL OR REVOCATION.
   (a)   The City Council may recommend non-renewal or revocation of a license or permit originally authorized on or after July 1, 2007 to the Liquor Control Commission upon a determination based upon a preponderance of the evidence presented at the hearing that any of the following exists:
      (1)   Failure to comply with all standards, plans or agreements entered into in consideration for the issuance, transfer or continuance of the license or permit, or failure to comply with all agreements or consent judgments entered into subsequent to the issuance of the license or permit.
      (2)   Failure to comply with an approved plan of operation and other plans, specifications, or representations made or submitted to the City by the licensee.
      (3)   Violations of the State liquor laws or regulations of the Liquor Control Commission.
      (4)   Violations of State laws or local ordinances including, but not limited to those laws or ordinances concerning the public health, safety or public welfare.
      (5)   Maintenance of a nuisance upon or in connection with the licensed premises including, but not limited to, any of the following:
         A.   Failure to correct violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes, to include the history thereof;
         B.   A pattern of patron conduct in the neighborhood of the licensed premises, which is a violation of the law and/or disturbs the peace, order and tranquility of the neighborhood; including types of police, fire or medical services related to this operation.
         C.   Failure to maintain the grounds and exterior of the licensed premises, including litter, debris or refuse blowing or being deposited upon adjoining properties;
         D.   Entertainment on the premises or activity in connection with the licensed premises which by its nature causes, creates or contributes to disorder, disobedience to rules, ordinance or laws, or contributes to the disruption of normal activity of those in the neighborhood of the licensed premises.
      (6)   Failure by the licensee to permit the inspection of the licensed premises by the City's agents or employees in connection with the enforcement of this chapter.
      (7)   Failure to pay taxes or make other payments due to the City in a timely manner.
   (b)   The City Council may recommend non-renewal or revocation of a license or permit based upon a preponderance of the evidence presented at the hearing that any of the following exists:
      (1)   Violations of the State liquor laws or regulations of the Liquor Control Commission.
      (2)   Violations of State laws or local ordinances including, but not limited to those laws or ordinances concerning the public health, safety or public welfare.
      (3)   Maintenance of a nuisance upon or in connection with the licensed premises including, but not limited to, any of the following:
         A.   Failure to correct violations of building, electrical, mechanical, plumbing, zoning, health, fire, property maintenance or other applicable regulatory codes, to include the history thereof;
         B.   A pattern of patron conduct in the neighborhood of the licensed premises, which is a violation of the law and/or disturbs the peace, order and tranquility of the neighborhood;
         C.   Failure to maintain the grounds and exterior of the licensed premises, including litter, debris or refuse blowing or being deposited upon adjoining properties;
         D.   Entertainment on the premises or activity in connection with the licensed premises which by its nature causes, creates or contributes to disorder, disobedience to rules, ordinance or laws, or contributes to the disruption of normal activity of those in the neighborhood of the licensed premises.
      (4)   Failure by the licensee to permit the inspection of the licensed premises by the City's agents or employees in connection with the enforcement of this chapter.
      (5)   Failure to pay taxes or make other payments due to the City in a timely manner.
(Ord. 2007-20. Passed 10-16-07.)
886.10 CAPACITY LIMITS.
   The total capacity of each room of a licensed establishment shall be established and determined by the appropriate fire and building safety codes.
(Ord. 2007-20. Passed 10-16-07.)
886.11 BUILDING; REMODELING.
   If the request involves a change to the physical size or layout of the establishment, when the applicant's building or remodeling is completed, it must meet all State and local regulations, and must comply with the representations made to the City Council and LLRC committee by the applicant. If such physical alteration is approved by the City Council and it is subsequently determined that the project was not substantially completed as required by the plans and specifications presented to the City, or in substantial compliance with representations made to the City, the City may recommend that the license be revoked or not be renewed for the following year.
(Ord. 2007-20. Passed 10-16-07.)
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