Cross references: Licenses, permits, and miscellaneous regulations, ch. 38; consumption of alcohol on premises of outdoor assemblies, § 38-266; operational restrictions for liquor and controlled substances prohibited, § 38-361 et seq.; public intoxication, § 50-3; possession of alcohol in certain locations prohibited, § 50-85.
State law reference: Michigan Liquor Control Code of 1998, MCL 436.1101 et seq.
[Code 1974, § 72-1(a)]
Applications for recommendations of the original issuance of licenses to sell beer and wine and/or spirits on premises 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:
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 or, in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and, if a majority interest in the stock of such corporation is owned by one person or his nominee, the name and address of such person.
The citizenship of the applicant, his place of birth, and, if a naturalized citizen, the time and place of his naturalization.
The character of business of the applicant.
The length of time such applicant has been in business of that character or, in the case of a corporation, the date when its charter was issued.
The location and description of the premises or place of business which is to be operated under such license.
A statement whether applicant has made application for a similar or other license on premises other than described in this application and the disposition of such application.
A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this ordinance or the laws of the state.
A statement that the applicant will not violate any of the laws of the state or of the United States or any ordinances of the Township in the conduct of its business.
The application shall be accompanied by building and plat plans 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.
An application to the liquor control commission shall satisfy these requirements to the extent that the information required by the liquor control commission duplicates the application requirements of the section.
[Code 1974, § 72-1(b), (c)]
The Township Board shall recommend that an alcoholic liquor license be denied:
To a person whose alcoholic liquor license has previously been revoked for cause.
To a person who, at the time of application or renewal of any such license, would not be eligible for a favorable recommendation to issue such a license upon a first application.
To a copartnership, unless all of the members of such copartnership shall qualify to obtain a recommendation for an alcoholic liquor license.
To a corporation, if any officer, manager, or director thereof, or a stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation would not be eligible to receive a favorable recommendation to issue an alcoholic liquor license for any reason.
To a person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required for the license applicant.
To a person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor.
To a person who does not own the premises for which a license recommendation is sought or does not have a lease therefore for the full period for which the license is issued.
To any law enforcement official or any member of the Township Board.
For premises where there exists a violation of the applicable building, electrical, mechanical, plumbing or fire codes, applicable zoning regulations, or applicable public health regulations.
For any premises unless the sale of beer, wine, or spirits is shown to be incidental and subordinate to other permitted business uses upon the site, such as, but not limited to, food sales, motel operations, or recreational activities.
For premises where it is determined by a majority of the board that the premises do not or will not reasonably soon after commencement of operations have adequate off-street parking, lighting, refuse disposal facilities, screening, noise, or nuisance control.
Where the board determines that the proposed location is inappropriate, considering any one or combination of the following factors: the attitude of adjacent residents and property owners; traffic safety; accessibility to the site from abutting roads to accommodate the commercial activity; distance from public or private schools for minors; proximity of an inconsistent zoning classification; and accessibility from primary roads or state highways; and consistency with any board adopted liquor license location policies or criteria.
For premises where any real or personal property taxes, special assessments, sewer charges, or water charges are delinquent and remain unpaid.
A favorable license issuance recommendation shall be for a period of one year, subject to annual renewal by the Township Board upon continued compliance with the regulations of this chapter. Such recommendation shall be with the understanding that any necessary remodeling or new construction for the use of the license shall be commenced within six months of the action of the Township Board or the state liquor control commission approving such license, whichever last occurs. Any unreasonable delay in the completion of such remodeling or construction may subject the license to a revocation recommendation.
[Code 1974, § 72-1(d)]
The Township Board shall conduct a public hearing prior to recommending for approval any class C or tavern license to the liquor control commission. The board's determination shall be submitted to the applicant in writing and shall be based upon satisfactory compliance with the restrictions set forth in subsections 6-27(a)(1) — (13).
[Code 1974, § 72-3]
Procedure. Before filing an objection to renewal or a request for revocation of a license with the state liquor control commission, the Township Board shall serve the license holder, by first class mail, mailed not less than 10 days prior to hearing with notice of a hearing, which notice shall contain the following:
Criteria for nonrenewal or revocation. The Township Board shall recommend nonrenewal or revocation of a license upon a determination by it that, based upon a preponderance of the evidence presented at the hearing, any of the following exist:
Violation of any of the standards for license recommendations set forth in subsections 6-27(a)(1)—(13) or § 50-111;
Maintenance of a nuisance upon the premises; or
Discontinuance or termination of the sale of beer and wine or spirits under the license at the premises for 12 consecutive months.