(A) Liquor in open containers in vehicles. It shall be unlawful for a person to transport or possess any alcoholic liquor in a container which is open, uncapped or upon which the sale is broken, within the passenger compartment of a vehicle on the streets of the city. If the vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open, uncapped or upon which the seal is broken shall be encased or enclosed. This section shall not apply to any chartered passenger vehicle licensed by the state’s Public Service Commission.
(Prior Code, § 25-8)
(B) Liquor in open containers in parking lots, streets, alleys and sidewalks. It shall be unlawful for a person to transport, possess or consume any alcoholic beverages or liquor in a container which is open, uncapped or upon which the seal is broken, in a parking lot, public or private, in any alley, public or private, or on any street or sidewalk within the city limits. This section does not apply to alcoholic beverages or liquor dispensed at festivals, block parties or any bona fide civic or veterans organizations which have obtained a permit from the City Council for the use of any public street, alley or sidewalk.
(Prior Code, § 25-9)
(C) Location of licensed liquor premises between the east side of Third Street to the Detroit River and the south side of Chestnut to the north side of Pine Street.
(1) Application with Police Department. All applicants for a transfer of location of an existing liquor license between the east side of Third Street to the Detroit River and the south side of Chestnut to the north side of Pine Street within the city shall submit said application to the Police Department for a background check of the applicant.
(2) City Council determination.
(a) Upon completion of the background check by the Police Department, said application shall be forwarded to the City Council for a determination of whether the application should be approved or denied by the City Council prior to submission of the application to the state’s Liquor Control Commission.
(b) The City Council may base its decision on whether to approve or deny the applicant based upon the following: a determination of whether the applicant is in compliance with all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, and all other ordinances of the city, and specifically including the provisions of this section.
(3) Notice by City Clerk. If the City Council determines that the applicant fails to comply with division (C)(2) above, the Council shall direct the City Clerk to notify the state’s Liquor Control Commission of the City Council’s determination of non-compliance with this section, and forward to it a certified copy of the ordinance or ordinances which the applicant has failed to meet.
(4) Restrictions on concentration of licenses within city.
(a) Except as provided in division (C)(4)(b) below, a new application for a license to sell alcoholic beverages for consumption on the premises, or a request to transfer the location of such license between the east side of Third Street to the Detroit River and the south side of Chestnut to the north side of Pine Street within the city, shall be denied if the contemplated location of the premises to be licensed is within 1,500 feet of any other premises licensed to sell alcoholic beverages for consumption on the premises. The distance between the licensed premises and the contemplated location shall be measured along the centerline of the street or streets of address between two fixed points on the centerline determined by projecting straight lines, at right angles to the centerline, from the part of the licensed premises nearest to the contemplated location and from the part of the contemplated location nearest to the licensed premises.
(b) Division (C)(4)(a) above shall not apply if it can be established that the total gross receipts of the contemplated location for which the application is being made will or does derive over 50% of its total gross receipts from the sale of food or other goods and services.
(Prior Code, § 25-9.1)
(Ord. 557, passed 10-6-1975; Ord. 655, passed 7-21-1980; Ord. 740, passed 1-10-1983; Ord. 948, passed 7-27-1992; Ord. 949, passed 7-27-1992) Penalty, see § 150.999
Statutory reference:
Similar provisions, see M.C.L.A. §§ 257.624a and 436.1501 et seq.