[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade 1-12-2000 by Ord. No. 1-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 282.
The Township Board of the Charter Township of Cascade finds
and declares that in the interest of the public health, safety and
general welfare of its citizens the Township shall require that any
establishment seeking a liquor license from the State of Michigan
for the sale and consumption of alcoholic beverages on the premises
shall first obtain a favorable recommendation from the Township Board.
[Amended 11-10-2014 by Ord. No. 10-2014]
Unless the context specifically indicates otherwise, the meanings
of the terms used in this chapter shall be as follows:
The incidental and subordinate use to the principal use within
the premises.
Any person who seeks a recommendation from the Township Board
of the Charter Township of Cascade for an on-premises retail license
as defined by the Michigan Liquor Control Commission.
A liquor license issued by the Michigan Liquor Control Commission
where alcoholic beverages are served on the premises. This license
enables the business to sell beer, wine, and liquor for consumption
on the licensed premises.
Any individual, firm, partnership, association, corporation,
business, trust, club or lodge.
Includes all of the areas used in carrying out the primary
normal functions of the business of the licensee.
The primary or predominant use of any premises.
[Amended 11-10-2014 by Ord. No. 10-2014]
A.
Applications for license to sell beer, wine or spirits shall be made
to the Township Board in writing, signed by the applicant, if an individual,
or by a duly authorized agent thereof, if a partnership or corporation,
verified by oath or affidavit, 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 and the names and addresses of the officers, directors
and stockholders of the corporation holding more than 5% of the stock
of such corporation.
(2)
The citizenship of the applicant, his place of birth, and, if a naturalized
citizen, the time and place of his naturalization.
(3)
The length of time said applicant has been in business of that character,
or, in the case of a corporation, the date when it was incorporated.
(4)
The location and description of the premises or place of business
which is to be operated under such license.
(5)
A statement whether the applicant has made application for a similar
or other license on premises other than described in this application,
and the disposition of such application.
(6)
A statement that the applicant has never been convicted of a felony
and is not disqualified to receive a license by reason of any matter
contained in this chapter or the laws of the State of Michigan.
(7)
A statement that the applicant will not violate any of the laws of
the State of Michigan or of the United States or any ordinances of
the Township in the conduct of its business.
B.
The application shall be accompanied by a building and a site plan
showing the entire structure and premises 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 in accordance with all applicable Township ordinances.
[Amended 11-10-2014 by Ord. No. 10-2014]
All applications for licenses to sell alcoholic beverages for
consumption on the premises shall be to the Michigan Liquor Control
Commission in accordance with that body's rules and regulations, and
shall be accompanied by a recommendation for approval from the Cascade
Charter Township Board in the form of a resolution passed by that
Board. In considering such approval the Board may require of the applicant
such statements and consents as it considers to be within the scope
of this chapter. The Township Board shall have the right to solicit
the recommendation and comments of the Kent County Sheriff or other
law enforcement authorities as to the suitability of the applicant.
A recommendation against the application can be made for any reason
which the Township Board judges to be adequate within the scope of
this chapter.
[Amended 11-10-2014 by Ord. No. 10-2014]
Factors which the Township Board will consider when passing
on an application for a license or renewal are:
A.
A conviction of three or more liquor violations or a felony in any
court or before the Michigan Liquor Control Commission, within a period
of five years preceding the receipt of the application.
B.
A license which, under this chapter, has been revoked for cause.
C.
Whether all of the members of such copartnership shall qualify to
obtain a license.
D.
With respect to a corporation, whether 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, is not eligible to
receive a license hereunder for any reason.
E.
Whether the business is conducted by a manager or agent unless such
manager or agent possesses the same qualifications required of the
licensee.
F.
A conviction of any federal or state law concerning the manufacture,
possession or sale of alcoholic liquor or a controlled substance.
G.
Whether the applicant owns the premises for which a license is sought
or does not have lease therefor for the full period for which the
license is issued, or a person, corporation or copartnership that
does not have sufficient financial assets to carry on or maintain
the business.
H.
Whether the applicant is a law enforcement public official or a member
of the Township Board, and whether such official is interested in
any way, either directly or indirectly, in the manufacture, sale or
distribution of alcoholic liquor.
I.
Whether there exists a violation of the applicable building, electrical,
mechanical, plumbing or fire codes, applicable zoning regulations,
applicable public health regulations, or any other applicable Township
ordinance.
J.
Whether, for any new license or for the transfer of any existing
license, the sale of beer, wine or spirits is shown to be an accessory
use to other permitted business uses upon the site, such as but not
limited to food sales, motel operations, or recreational activities.
K.
Whether the premises does not or will not soon after commencement
of operations have adequate off-street parking, lighting, refuse disposal
facilities, screening, noise, or nuisance control or where a nuisance
does or will exist.
L.
With respect to a person whose license is in escrow, whether owners
of the escrowed license are in violation of any provision of this
chapter, state law, other local ordinance or rule of the Michigan
Liquor Control Commission, or if the license is held in escrow for
more than one year.
[Amended 4-26-2023 by Ord. No. 5-2023]
[Added 4-26-2023 by Ord. No. 5-2023[1]]
The Township shall not approve a Class C liquor license for
on-premises consumption until the applicant executes and records a
contract with the Township prohibiting the sale or transfer of such
license directly or through any escrow status and requires that the
license be returned to the Michigan Liquor Control Commission upon
sale or transfer of the business. Such contract shall provide for
liquidated damages to the Township and sanctions for any violation
thereof to compensate the Township for any reduction in the number
of such licenses available within the Township. Such contract shall
provide for the forfeiture of the full sale or transfer price paid
or payable to the transferor, together with interest on any unpaid
balance, until the same is paid to the township. This section shall
only apply to any licenses issued by the Michigan Liquor Control Commission
that are subject to the Township's applicable quotas.
[Amended 11-10-2014 by Ord. No. 10-2014]
Alcoholic beverages may not be sold for consumption on premises
which are:
B.
In any residential zone. Golf courses, country clubs and other public
or private outdoor recreational uses in any residential zone may sell
alcoholic beverages for consumption on premises only.
C.
At any place where in the judgment of the Township Board the proposed
use is likely to create a traffic, safety, or health hazard.
[Amended 11-10-2014 by Ord. No. 10-2014[1]]
A.
The owner or owners, as well as agents, servants or employees of
a place licensed to sell alcoholic beverages for consumption on the
premises, shall at all times be responsible for the conduct of occupants
and patrons.
B.
No disorderly, loud, or boisterous conduct shall be permitted, nor
shall entertainment be given or permitted which is offensive or indecent
in its nature.
C.
No booths shall be permitted which are completely enclosed or capable
of being temporarily completely enclosed or with permanent dividers
or partitions more than four feet from the floor.
[Amended 11-10-2014 by Ord. No. 10-2014]
A.
No applicant shall receive a favorable recommendation while such
person or his predecessor or transferor shall be in default to Cascade
Charter Township or Kent County in connection with any tax or other
obligation.
B.
No such applicant for a liquor license has the right to the issuance
of such license to him, her or it, and the Township Board reserves
the right to exercise reasonable discretion to determine who, if anyone
shall be entitled to the issuance of such license. Additionally, no
applicant for a liquor license has the right to have such application
processed, and the Township Board further reserves the right to take
no action with respect to any application filed with the Township
Board. The Township Board further reserves the right to maintain a
list of all applicants and to review the same when, in its discretion,
it determines that the issuance of an additional liquor license is
in the best interests of the Township at large and for the needs and
convenience of its citizens.
C.
The Township Board shall grant a public hearing upon the license
application when, in its discretion, the Board determines that the
issuance of an additional liquor license is in the best interests
of the Township at large and for the needs and convenience of its
citizens. Following such hearing, the Board shall submit to the applicant
a written statement of its findings and determination. The Board's
determination shall be based upon satisfactory compliance with the
restrictions set forth in this chapter.
[Amended 3-27-2002 by Ord. No. 3-2002; 11-10-2014 by Ord. No.
10-2014]
A.
Procedure.
(1)
Before filing an objection to renew or a request for revocation of
a license with the Michigan Liquor Control Commission, the Township
Board shall serve the license holder, by first-class mail, mailed
not less than 10 days prior to the hearing, with a notice. The notice
shall contain the following:
(2)
Following the hearing, the Township Board shall submit to the license
holder and the Liquor Control Commission a written statement of its
findings and determination.
B.
Criteria for nonrenewal or revocation. The Township Board may recommend
nonrenewal or revocation of a license upon a determination by it that,
based upon a preponderance of evidence presented at a hearing, the
applicant or the licensee has engaged in, or has permitted to occur
on or involving a licensed premises, any one or more of the following:
(2)
Maintenance of a nuisance upon the premises.
(3)
Fraudulent information provided upon original application or application
renewal.
(4)
The consumption of spirits, if licensed to sell only beer or wine
or both beer and wine.
(5)
Dancing or live entertainment open to the public, with or without
an admission charge, unless holding a valid dance or dancing entertainment
permit.
(6)
Any disorderly conduct or action which disturbs the peace and good
order of the neighborhood.
(7)
Any incidents of prostitution, solicitation for prostitution, or
larceny.
(8)
Any gambling activity or the placing or using of any gambling apparatus
or paraphernalia therein.
(9)
Any unlawful possession, sale or use of any controlled substance.
(10)
Use of interior lighting which is insufficient to enable a person
with average vision to clearly see all persons within the premises.
(11)
Any violation of any other provisions of the Township Code or
any violation of Michigan or federal law which is designed to protect
the public health, safety or welfare, or any rule or regulation adopted
pursuant to any such provision of this Code or of such Michigan or
federal law.
(13)
Nonpayment of any federal, State of Michigan or local tax or
special assessment.
(14)
Nonpayment of bills outstanding and owing to Cascade Charter
Township.
(15)
Any failure by the licensee or the licensee's agent or employee
to fully cooperate with any federal, state, county or Township official.
(16)
Any failure by the licensee or the licensee's agent or employee
to fully cooperate with the Kent County Sheriff, or any deputy sheriff,
police officer or state police officer.
[Amended 11-10-2014 by Ord. No. 10-2014]
Alcoholic beverages, including beer and wine, may be sold on
Sunday for consumption on the premises in duly licensed establishments
in Cascade Charter Township and for consumption off the premises by
duly licensed establishments in Cascade Charter Township. In all other
respects, the sale of alcoholic beverages in Cascade Charter Township
shall be provided by state law.
[Amended 10-24-2012 by Ord. No. 7-2012; 11-10-2014 by Ord. No.
10-2014]
[Amended 11-10-2014 by Ord. No. 10-2014]
Licensed establishments in operation at the time of the effective
date of this chapter which do not meet the requirements hereof may
be renewed at intervals required by the Liquor Control Commission,
provided that the renewal is limited to the premises previously licensed.
No such premises may be enlarged, without receiving the required approval
(e.g., zoning, building construction permits, etc.) from the Township.
