(a) Approval. An applicant may be granted a license by the City if the applicant satisfies all of the criteria contained in this chapter and is selected to receive the license via the selection process outlined by the City in the application. No license will be issued until preliminary approval for a licensee has been obtained from the State of Michigan. No certificate of occupancy will issue for a site proposed for licensee operations until the State of Michigan has issued a license for the same license applied for under this chapter.
(b) Denial.
(1) The City shall use the information provided on the application as a basis to conduct a thorough background investigation on the applicant and its operator. Any false information provided on an application is cause to deny a license.
(2) An applicant is ineligible to receive a license if any of the following circumstances exist:
A. The applicant fails to demonstrate the ability to maintain adequate property liability and casualty insurance for its proposed facility or establishment.
B. The inability of the applicant to otherwise comply with the MMFLA or the MRTMA.
C. If the applicant, or any officer, director, member, partner, or any individual holding an interest in the entity is delinquent in any tax under Federal, State, or local law or is in arrears to the City, including water, special assessment(s) or taxes.
D. If the applicant has a history of noncompliance with any regulatory requirements in the City or any other jurisdiction.
E. By accepting a license issued pursuant to this chapter, the licensee waives and releases the City, its officers, elected officials, and employees from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of facility or establishment owners or operators, employees, clients, or customers for a violation of any laws, rules, or regulations.
F. By accepting a license issued pursuant to this chapter, all licensees agree to indemnify, defend, and hold harmless the City, its officers, elected officials, employees, and insurers against all liability, claims, or demands arising on account of bodily injury, sickness, disease, death, property loss or damage, or any other loss of any kind.
(Ord. 2018-03. Passed 4-17-18; Ord. 2019-06. Passed 6-27-19; Ord. 2020-04. Passed 7-21-20; Ord. 2020-05. Passed 10-20-20.)