[Ord. No. 97-1, 1-9-1997]
The purpose of this article is to establish the standards, priorities
and procedures to be utilized by the Township Board in exercising
the authority granted to it by the Michigan liquor control code of
1998, Public Act No. 58 of 1998 (MCL 436.1101 et seq.), with respect
to licenses to sell beer and wine and/or spirits for consumption on
the premises. This article is intended to provide standards, priorities
and procedures which will permit the Township Board to exercise its
authority under such act for the maximum benefit of the Township and
its persons and property.
[Ord. No. 97-1, 1-9-1997]
This article shall apply to the following actions of the Township
Board concerning licenses to sell beer and wine and/or spirits for
consumption on the premises:
(1)
Approval or disapproval of license applications;
(2)
Approval or disapproval of the transfer of existing licenses from
person to person or from place to place;
(3)
Approval or disapproval for upgrading the classification of existing
licenses from sales of beer and wine to sales of beer, wine and spirits;
(4)
Requests for revocation of existing licenses; and
(5)
Filing objections to renewal of existing licenses with the state
liquor control commission (the commission).
[Ord. No. 97-1, 1-9-1997]
(a)
A person making application under the liquor control act for a new
liquor license, the transfer of an existing liquor license or the
upgrading of the classification of an existing liquor license to sell
beer, wine and/or spirits for consumption on the premises at any location
within the Township shall apply to the Township Board for approval.
Application shall be made to the Township Clerk on a form prescribed
by the Clerk, and shall state, under oath, such facts and information
as may be reasonably necessary to determine whether the approval should
be granted. The application shall be accompanied by a fee in the amount
set by resolution of the Township Board. The license application shall
contain, unless waived by the Township Board, the following statements
and information:
(1)
The name, age and business address of the applicant. If the applicant
is a corporation, the names and addresses of all the directors, officers,
and shareholders owning a 5% interest or more therein shall be given.
If the applicant is a partnership, the name and address of each partner
shall be given. If the applicant is a limited liability company, the
name and address of each member shall be given;
(2)
The places at which the applicant's businesses will be located,
and the proposed hours of operation for each such business;
(3)
The nature and character of the food, merchandise or service to be
sold or offered for sale by the applicant to members of the public;
(4)
The applicant's experience, financial capability, history of
experience as a liquor licensee, proposed menus and other facts or
proposals pertinent to the applicant's business;
(5)
A list of all assumed, trade or firm names under which the applicant
intends to do business;
(6)
Whether the applicant has ever made application to the commission
or any local unit of government for a similar or other license at
a location other than described in this application, and the disposition
of such application;
(7)
Whether or not the applicant or person conducting or managing the
applicant's business has been convicted of a felony or nontraffic
misdemeanor, and if so, the full particulars in connection therewith.
If the applicant is a corporation, this information shall be provided
for all of the directors, officers, and shareholders owning a 5% interest
or more therein. If the applicant is a partnership, the information
shall be provided for each partner. If the applicant is a limited
liability company, the information shall be provided for each member;
and
(8)
Such other information as the Township Board shall reasonably require.
(b)
The application shall be accompanied by building and site plans showing
the entire structure and premises where the license is to be utilized.
The building plans shall show floor plans, kitchen layout, seating
arrangements, planned building alterations and other pertinent physical
features. The site plan shall demonstrate adequate off-street parking,
lighting, refuse disposal facilities and, where appropriate, adequate
plans for screening and noise control.
(c)
The Township Board may refer the application to any appropriate department,
authority or agency for review, report and recommendation.
[Ord. No. 97-1, 1-9-1997]
An application for approval of a new liquor license, or transfer
or upgrade of the classification of an existing liquor license, shall
be denied by the Township Board if it finds that any one or more of
the following conditions exist:
(1)
The applicant was previously a licensee whose license was, for cause,
recommended for revocation or nonrenewal by the Township Board, or
revoked by the commission;
(2)
The applicant has been convicted of a violation of any federal or
state law concerning manufacture, possession or sale of liquor;
(3)
The applicant is a corporation which has a director, officer, or
shareholder owning a 5% interest or more therein, who, if he was the
sole applicant, would require mandatory denial pursuant to this section;
(4)
The applicant is a partnership which has a partner, who, if he was
the sole applicant, would require mandatory denial pursuant to this
section;
(5)
The applicant is a limited liability company which has a member,
who, if he was the sole applicant would require mandatory denial pursuant
to this section;
(6)
The applicant's place of business will be managed or controlled
by a person who would, if he was an applicant, require mandatory denial
pursuant to this section;
(7)
The applicant is a person who does not own the premises for which
a license is sought or does not have a lease therefor for the full
period for which the license is sought;
(8)
The applicant's or licensee's premises has or will have one or more violations of the applicable building, electrical, mechanical, plumbing, fire, public health, sanitation, housing or other similar codes and ordinances of the Township or the state, or is not in compliance with the Chapter 38, pertaining to zoning.
[Ord. No. 97-1, 1-9-1997]
An application for approval of a new liquor license, or transfer
or upgrade of the classification of an existing liquor license, may
be denied by the Township Board if, by majority vote of all members,
it finds that any one or more of the following conditions exist:
(1)
The sale of beer, wine or spirits will not be incidental and subordinate
to other permitted uses upon the premises such as food sales, a motel
operation or recreational activity. If the primary use of the premises
is food sales, such determination shall be made based on the applicant's
compliance with the following criteria:
a.
The licensed premises must have a table dining capacity (as opposed
to counter or bar seating capacity) of at least 50 patrons;
b.
The dining area shall be separated from any counter or bar used primarily
for dispensing alcoholic liquor;
c.
The dining area must have at least 15 square feet of floor space
per patron;
d.
The area containing the counter or bar must have floor space not
more than 20% of the floor space of the dining area; and
e.
At least 60% of the gross revenue is or will be derived from food
sales.
(2)
The premises does not, or will not reasonably soon after commencement
of operations, have adequate off-street parking, lighting, refuse
disposal facilities, screening, noise or other nuisance controls.
(3)
The proposal location is inappropriate considering:
a.
Potential traffic safety hazards;
b.
Accessibility to the premises from abutting roads;
c.
Proximity to residential areas taking into account the attitude of
adjacent residents;
d.
The distance from churches, schools, day care centers or similar
facilities; and
e.
The preference for locating such establishments in developed commercial
areas rather than in rural or residential areas.
(4)
The applicant's financial capability, experience with similar
facilities, or other relevant factors are such that there is a likelihood
that the applicant will fail to conform his conduct to the requirements
set forth in this article or other Township ordinances or any applicable
state statute or code.
(5)
The applicant has made a negligent or intentional misrepresentation
concerning any material fact in the application or in any oral or
written information submitted to the Township Board.
[Ord. No. 97-1, 1-9-1997]
In exercising its authority under the Liquor Control Act for
the maximum benefit of the Township and its persons and property,
the Township Board shall, in deciding whether to approve a new license,
transfer an existing license or upgrade the classification of an existing
license, consider the priorities set forth in this section which are
listed in decreasing order of their importance to the Township and
its persons and property:
(1)
Motel, hotel or other lodging facilities which also have restaurants,
meeting rooms and banquet facilities;
(2)
Restaurants and banquet facilities having a table seating capacity
in excess of 100 persons which are located in a resort service zoning
district;
(3)
Restaurants and banquet facilities having a table seating capacity
of 100 persons or less which are located in a resort service zoning
district;
(4)
Restaurants and banquet facilities which are located in a neighborhood
business zoning district;
(5)
A supper club or dinner theater facility in which high quality food
service is the main source of income; and
(6)
A bar, tavern, cocktail room or lounge, whether or not used in combination
with a restaurant, in which 60% or more of the gross revenue of the
entire facility is derived from food sales.
[Ord. No. 97-1, 1-9-1997]
Notwithstanding the terms and conditions of this article, the
Township Board is under no obligation to distribute any of the remaining
unissued licenses available at any given time.
[Ord. No. 97-1, 1-9-1997]
Township approval of a liquor license (new, transfer or upgrade) or the renewal of a liquor license shall remain in effect for a term which shall expire on the same date as the license itself unless revocation shall be requested sooner pursuant to Section 4-27. All approvals shall be granted subject to the general condition that the applicant shall comply with all representations and assurances contained in the application and in any oral or written information submitted to the Township Board, including building and site plans. Approval can also be made subject to specific conditions imposed by the Township Board.
[Ord. No. 97-1, 1-9-1997]
The Township Board may, by majority vote of all members, object
to the renewal of an existing liquor license or request revocation
of an existing liquor license upon any one or more of the following
grounds:
(1)
Any remodeling or construction identified as necessary for the use
of the licensed premises at the time the license was approved or renewed
has either not been commenced within six months or completed within
one year. These time periods shall run from the date of approval or
renewal of the liquor license by the commission;
(2)
The licensee or licensed premises meets any of the mandatory grounds for disapproval set forth in Section 4-22;
(3)
The operation of the licensee's business or the circumstances and conditions surrounding the licensee's business have changed such that the licensee or licensed premises meets any of the discretionary grounds for disapproval set forth in Section 4-23;
(4)
The licensee maintains a nuisance upon the licensed premises;
(5)
The licensee has made a negligent or intentional misrepresentation
concerning any material fact;
(6)
The licensee has failed to comply with any general or specific condition imposed pursuant to Section 4-26; or
(7)
The license has not been activated by the licensee within a reasonable
time after approval by the Township Board.
[Ord. No. 97-1, 1-9-1997]
(a)
Before the Township Board may take action to deny approval of any
new application, transfer or upgrade of classification, or request
revocation of an existing license or file objections to the renewal
of an existing license, the applicant or licensee shall be entitled
to a hearing before the Township Board. The Township Clerk shall give
the applicant or licensee notice of the right to a hearing by first
class mail. Such notice shall contain the following:
(1)
A statement that in order to have a hearing, the applicant or licensee
must request one within 10 days of receipt of the notice;
(2)
A statement that if a hearing is held, the applicant or licensee
may be present to present evidence and testimony and confront adverse
witnesses; and
(3)
If the issue is a renewal or revocation, the tentative reasons for
the proposed action.
(b)
If the applicant or licensee requests a hearing within 10 days of
receipt of the notice, the Township Clerk shall give the applicant
or licensee notice of a hearing by first class mail, mailed not less
than 10 days prior to the hearing. The notice of hearing shall provide
the date, time and place of the hearing.
(c)
Following the hearing, or following the expiration of the ten-day
hearing request period if a hearing is not requested, the Township
Board shall submit to the commission a resolution setting forth the
action taken and a written statement of its findings of fact and the
basis for its action. The Township Clerk shall forward, by first class
mail, a copy of the board's action to the commission within 20
days of the date of the board's action.
