[HISTORY: Adopted by the City Commission of the City of Kalamazoo 4-23-1984
by Ord. No. 1319. Amendments noted where applicable.]
GENERAL REFERENCES
Illegal sales of alcoholic beverages — § 22-38.
Misrepresentation of age — § 22-42.
Open containers on City property and in Kalamazoo Mall — § 22-42.1.
Consumption of alcoholic beverages in public places — See § 22-57.
Driving while under the influence of alcohol or a controlled substance — See § 36-129.
Open liquor containers in vehicles on highways and streets — See § 36-130.
Operation of snowmobiles while under influence of liquor or drugs — See § 36-202.
STATUTORY REFERENCES
Michigan Liquor Control Code of 1998 — See MCLA § 436.1101
et seq.
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.
A.
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.
B.
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.
C.
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.
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:
A.
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;
B.
The experience of the applicant;
C.
The other uses proposed to be included on the premises
or in the development (e.g., restaurant, motel);
D.
The cost and size of the overall project and number of
new jobs to be created by the new business;
E.
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;
F.
The overall development or redevelopment of the City;
and
G.
Such other relevant factors as the City Commission may
deem appropriate.
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.
A.
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:
(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.
(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.
B.
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:
C.
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.
