City of Roseville, MI Article VI Entertainment Permits

[Adopted 1-18-2000 by Ord. No. 1132]

§ 71-26 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALCOHOLIC BEVERAGES

Any liquid and/or compound, by whatever name called, containing 1/2 of 1% or more alcohol, by volume, which is fit for use for beverage purposes, or as otherwise defined pursuant to the Michigan Liquor Control Commission.

APPLICANT

Any person, persons or legal entity of whatsoever kind or nature which is seeking or is already possessed of any license issued by the State of, Michigan, involving activities for which the State of Michigan issues a dance, entertainment or dance and entertainment license through the Michigan Liquor Control Commission.

LICENSEE

Any applicant issued any entertainment permit, dance permit, or dance and entertainment permit, by the Michigan Liquor Control Commission and who is not in default of this article. For purposes of regulation provisions, "licensee" extends not only to the applicant, but also to any officers, directors, members, partners, employees or independent contractors working at the premises of an applicant.

§ 71-27 Application requirements.

A. Application. The applicant must submit an application for an entertainment permit to the Michigan Liquor Control Commission before submitting to the City of Roseville an application. No application will be considered until notice is received from the Michigan Liquor Control Commission that they have received such application.

B. Application form. The applicant shall submit a current and fully completed application form, as prepared and approved by the Police Department, which shall be furnished to the City Clerk of the City of Roseville.

C. Required information and applicable fee. The City application shall include at least the following information:

(1) Name and address of applicant.

(2) Type of permit desired.

(3) Address and legal description of the property where the license is to be located.

(4) A preliminary floor or site plan showing the areas where dancing and/or entertainment will occur and any and all facilities to be utilized in conjunction with such dance and/or entertainment.

(5) A detailed, written statement describing the nature of the entertainment, the attire of entertainers and procedures for controlling contact between the entertainers and patrons and protecting the public health, safety and welfare of patrons.

(6) A statement to the effect that entertainment only as described within the entertainment application will be permitted, unless further application and approval is sought and obtained following the procedures of this article.

(7) The application shall be accompanied by a nonrefundable application fee in an amount as periodically determined by the City Council to cover the cost of investigation, review and inspection by the City of Roseville.

D. Upon receipt and review of the fully completed application, the City Clerk shall forward the application to the Police Department, Fire Department, Building Department and Treasurer's office and any other such departments as required by the City Manager, which departments shall, within 45 days, make their recommendations prior to consideration by the City Council.

E. Upon receipt by the City Clerk's office of recommendations, the City Clerk shall cause the application to be placed on the agenda of the City Council within 60 days. All applications are subject to the final approval of the City Council.

F. Upon a hearing before the City Council, the Council may take one of the following steps:

(1) Request additional information from the applicant and postpone further action. Such action shall not be interpreted to mean approval.

(2) Postpone action upon the application for a period not to exceed 60 days, unless waived by the applicant, if postponement is for a reason other than the need for further or additional information from the applicant.

(3) Recommend approval to the Michigan Liquor Control Commission in whole or in part.

(4) Recommend disapproval to the Michigan Liquor Control Commission in whole or in part.

G. The City Council, in making its decision, shall consider the following criteria:

(1) The applicant's management experience in the alcohol/liquor business.

(2) The number of violations of any of the rules or laws pertaining to local building or zoning codes and Michigan Liquor Control Commission rules or regulations; the amount of police activity responding to occurrences within the premises or parking areas servicing the premises.

(3) The applicant's financial status and its ability to adequately control and monitor entertainment activities.

(4) Past criminal convictions, of the applicant or officers, members, partners, shareholders, directors, employees or persons proposed to or furnishing entertainment, for criminal acts.

(5) The effect the issuance of the entertainment permit would have upon the surrounding neighborhood and/or business establishments.

(6) The extent to which the entertainment to be provided has been clearly defined and explained so that permitted or unpermitted activities can be properly distinguished.

(7) The extent to which the premises appear to be properly designed and laid out for the proposed type of activity.

(8) Whether or not the applicant currently, or in the past, has been in default to the City for payment of any taxes or noncompliant with respect to building, fire and zoning codes, rules and regulations.

(9) Such other considerations as the Council may reasonably deem proper.

§ 71-28 Prohibited acts.

No applicant or licensee shall allow, cause, do or permit any of the following, any of which shall serve as a basis for nonissuance, nonrenewal, or revocation of an entertainment permit:

A. Violate any of the rules or regulations of the Michigan Liquor Control Commission, regardless of whether such violation occurred directly or indirectly out of entertainment activities.

B. Violate any of the provisions of the Code of Ordinances, Chapter 206, Article II, Entertainment on Cabaret Premises.

C. Permit any kind of nudity as defined as public nudity under the laws of the State of Michigan.

D. Fail to comply with any building code rules and regulations, fire code rules and regulations or zoning code rules and regulations.

E. Be delinquent in the payment of any taxes or fees to the City of Roseville, unless such tax or fees are being challenged in a manner prescribed, pursuant to applicable law.

F. Permit unruly behavior upon the premises or parking areas servicing the premises. Police responses for disturbances, including but not limited to altercations, disorderly persons or other criminal activity, six or more times within any calendar year shall serve as a presumption of permitting unruly premises.

G. Fail to comply strictly with the permitted entertainment as described in the application pursuant to this article.

H. Permit entertainers, employees or contestants to wear attire which is substantially similar in style to bikini-style underwear or swimsuits or which involves see-through clothing without underwear beneath such clothing. Expressly prohibited are swimsuit contests, lingerie contests, wet tee shirt contests or other entertainment or contests for which a person receives any consideration as a result of his/her attire or appearance.

I. Permit any actual or simulated sexual acts, including, but not limited to, sexual intercourse, fellatio or cunnilingus.

§ 71-29 Renewal and revocation of permit.

A. Action by Council. The City Council may object to the renewal of an entertainment permit or request the revocation of an entertainment permit from the Michigan Liquor Control Commission.

B. Notice and procedure. Before filing an objection to the renewal or a request for revocation of a license with the Michigan Liquor Control Commission, the City Council shall serve the license holder, by certified mail at the last known address as indicated upon records of the City, mailed not less than 20 days prior to the hearing, a notice of such hearing, which notice shall contain the proposed action, reasons for the proposed actions and the date, time and place of the hearing. The licensee may present evidence and testimony, confront witnesses and be represented by a licensed attorney at such proceedings. The Council shall transmit to the Michigan Liquor Control Commission a written statement of its findings and determination.

C. Criteria for nonrenewal or revocation. The City Council may recommend nonrenewal or revocation upon a determination, upon a preponderance of evidence, that a violation of any of the provisions of this article or the provisions of Chapter 206, Article II, has occurred.

D. Applicability. This article shall apply to licensees who are regulated or otherwise would be subject to regulation by the Michigan Liquor Control Commission.

§ 71-30 Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction, be punished as provided in Chapter 1, General Provisions, Article I.