City of Kalamazoo, MI Alcoholic Beverages

The provisions of this chapter shall apply to all applications for approval or transfer of licenses to sell beer and wine or spirits for on-premises consumption and all renewals thereof, except for those licenses issued pursuant to the "special license" provisions of the Michigan Liquor Control Act.[1]

[1]

Editor's Note: See the Michigan Liquor Control Code of 1998, MCLA § 436.1101 et seq.

§ 4A-2 Application for approval of a new license or transfer of location; grounds for denial.

Application, filing. Applications for approval of a license to sell beer and wine or spirits for consumption on the premises or any application for approval of a transfer of such a license to a new licensee or a new location shall be made to the City Clerk in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a partnership or corporation, and shall contain the following statements and information:

(1)

The name, age and address of the applicant in the case of an individual; or, in the case of a copartnership, the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and, if an aggregate of more than 5% of the stock of such corporation is owned by any one person or his nominee, the name and address of such person or persons.

(2)

The nature of business of the applicant and, in the case of a corporation, the object for which it was formed.

(3)

The length of time said applicant has been in business of that nature, or, in the case of a corporation, the date when its certificate of incorporation was issued.

(4)

The location and description of the premises which is to be operated under such license.

(5)

If the business of the applicant is to be operated or conducted by a local manager or agent, the name and address of said manager or agent.

(6)

A statement as to whether the applicant has, prior to this application, made application for a license to sell beer and wine or spirits and the date, place and disposition of such application or applications.

(7)

A statement that the applicant has never been convicted of a felony and is not disqualified to receive approval for a license by reason of any matter or thing contained in this chapter or the laws of the State of Michigan.

(8)

A statement that the applicant will not violate any of the ordinances of the City of Kalamazoo or laws of the State of Michigan or of the United States in the conduct of its business.

(9)

A statement that, should any of the information provided in his or her application or any attachment thereto change during the term of this license or any renewal thereof, the applicant will notify the City Clerk, in writing, within 30 days of such change.

(10)

Any application for approval of a new license or for approval of the transfer of any currently valid or renewal license to a new location shall be accompanied by an 8 1/2 inch by 11 inch building and grounds layout diagram showing the entire structure, premises, and grounds and, in particular, the specific areas where the license is to be utilized. The plans shall demonstrate adequate off-street parking, lighting, refuse disposal facilities and, where appropriate, adequate plans for screening and noise control.

Application fee. The City Commission may establish an application fee in such amount as they deem appropriate from time-to-time to defray the reasonable costs of processing any application required by this chapter.

Grounds for denial. No such license shall be approved for:

(1)

Any person, for any location which the City Commission determines, by majority vote, is unsuitable for on premises consumption of beer and wine or spirits, considering:

(a)

The proximity of other premises licensed to sell beer and wine or spirits for on-premises consumption.

(b)

The lack of any other facilities or uses on the premises to be licensed which are compatible with a license for on-premises consumption of beer and wine or spirits (e.g., restaurant, hotel).

(c)

The distance from public or private schools for minors.

(d)

The proximity of an inconsistent zoning classification or land use.

(e)

Traffic safety.

(f)

The accessibility to the site from abutting roads.

(g)

The capability of abutting roads to accommodate the commercial activity.

(h)

Such other relevant factors as the City Commission may deem appropriate.

(2)

Any person, for premises where it is determined by a majority of the City Commission that the premises does not or will not within six months of the approval of the license by the City Commission, or prior to the commencement of business, whichever occurs first, have adequate off-street parking, lighting, refuse disposal facilities, screening, noise or nuisance control. Provided, however, that upon timely request and for good cause shown, the City Commission may extend any deadline established by this section.

(3)

Any person, for any premises which does not comply with the applicable building, electrical, mechanical, plumbing, or fire codes, applicable zoning regulations, or applicable public health regulations; provided, however, the City Commission may approve an application subject to compliance with the applicable codes and regulations within 60 days.

(4)

A person who does not own the premises for which the license approval is sought or does not have a lease therefor for the full period for which the license is to be issued.

(5)

Any law enforcing public official or any member of the City Commission, and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale, or distribution of alcoholic liquor.

(6)

Any person, corporation, or copartnership which, at the time of application for such approval, transfer, or renewal, is delinquent in the payment of any taxes, fees, or other charges owed to or collected by the City of Kalamazoo.

(7)

A person whose license under this chapter has been revoked for cause within the last two years.

(8)

A copartnership, unless all of the members of such copartnership shall qualify for approval of a license.

(9)

A corporation, if any officer, manager, or director thereof, or a stock owner or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive approval for a license hereunder for any reason.

(10)

A person whose place of business is operated or conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.

(11)

A person who has been convicted of a violation of any federal or state law concerning the manufacture or sale of alcoholic liquor.

(12)

Any person based upon such other relevant factors as the City Commission may deem appropriate.

§ 4A-3 Available licenses; selection among qualified applicants.

When any such license shall be available for issuance to a new applicant, either by lapse of a current license or by the authorization and allocation of additional licenses to the City of Kalamazoo, and there exist more qualified applicants for said license or licenses than the number of new licenses available for issuance, the City Commission shall choose the most qualified applicant(s) for approval based upon the following criteria:

The location of the proposed new business and its desirability in light of its location, the preferability of locations in the central business district as opposed to outlying locations, the surrounding land uses, and its proximity to other premises licensed for on-premises consumption;

The experience of the applicant;

The other uses proposed to be included on the premises or in the development (e.g., restaurant, motel);

The cost and size of the overall project and number of new jobs to be created by the new business;

The relative suitability of the design and size of the new business to the property on which it is proposed to be located, as evidenced by any building and grounds layout diagram required to be submitted with the application;

The overall development or redevelopment of the City; and

Such other relevant factors as the City Commission may deem appropriate.

§ 4A-4 Term of license approval; conditional approval.

Approval of a license shall be for a period of one year with renewal subject to the provisions of § 4A-5 below. Approval of a license shall be upon the condition that any necessary remodeling or new construction for the use of the license required by the City Commission or indicated on the building and grounds layout diagram submitted pursuant to § 4A-2A(10) above shall be completed within six months of the approval of the license by the City Commission, or prior to the commencement of business, whichever occurs first. Provided, however, that upon timely request for good cause shown, the City Commission may extend the remodeling or new construction deadline established by this section. Approval of a license shall also be upon the condition that any work on the premises necessary to comply with the applicable codes and regulations in § 4A-2C(3) above be completed within 60 days of City Commission approval of the license.

§ 4A-5 Objections to license renewal and requests for revocation.

Criteria for nonrenewal or revocation. The City Commission may recommend nonrenewal or revocation of a license to the Liquor Control Commission upon a determination by the City Commission that, based upon evidence presented at a hearing, any of the following exist:

(1)

Violation of any of the grounds for denial set forth in § 4A-2C(1) through (11) above.

(2)

Maintenance of a nuisance upon the premises.

(3)

Failure to complete necessary remodeling and/or new construction as required by § 4A-4 above or to complete, within six months of the approval of the license by the City Commission (or any extension thereof), or prior to the commencement of business, whichever occurs first, any construction contemplated in the building and grounds layout diagram submitted pursuant to § 4A-2A(10) above.

(4)

Failure to complete any work on the premises necessary to comply with the applicable codes and regulations in § 4A-2C(3) above within 60 days of City Commission approval of the license.

(5)

Failure to comply with the requirements of the Michigan Liquor Control Act[1] or the Administrative Rules of the Liquor Control Commission.

[1]

Editor's Note: See the Michigan Liquor Control Code of 1998, MCLA § 436.1101 et seq.

(6)

Failure to comply with any of the requirements of this chapter.

(7)

The violation of any law or ordinance in the conduct of its business.

(8)

The failure to comply with promises or representations made by the applicant to the City Commission or any conditions imposed upon the applicant as a basis for the approval.

Procedure. Before filing an objection to renewal or request for revocation of a license with the Michigan Liquor Control Commission, the City Commission shall serve the licenseholder, either personally or by first-class mail, with a notice of hearing, which notice shall contain the following:

(1)

Notice of the proposed action.

(2)

Reasons for the proposed action.

(3)

Date, time, and place of hearing.

(4)

A statement that the licensee may present evidence and testimony, confront adverse witnesses, and may be represented by counsel.

The City Commission may delegate to a hearing officer the function of holding the hearing. The hearing officer shall thereafter submit his or her findings and recommendation to the Commission. The licensee may, at his or her expense, employ a reporter to transcribe the testimony given at the hearing and make a transcript of said testimony. Following the hearing, the City Commission shall submit to the licenseholder and the Michigan Liquor Control Commission a written statement of its findings and determination.