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.
[1]
State law reference: Local license approved or revocation
recommendations, MCL 436.1501.
[Code 1974, § 72-1(a)]
(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:
(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 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.
(2)
The citizenship of the applicant, his place of birth, and, if a naturalized
citizen, the time and place of his naturalization.
(3)
The character of business of the applicant.
(4)
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.
(5)
The location and description of the premises or place of business
which is to be operated under such license.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(b)
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)]
(a)
The Township Board shall recommend that an alcoholic liquor license
be denied:
(1)
To a person whose alcoholic liquor license has previously been revoked
for cause.
(2)
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.
(3)
To a copartnership, unless all of the members of such copartnership
shall qualify to obtain a recommendation for an alcoholic liquor license.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
To any law enforcement official or any member of the Township Board.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
For premises where any real or personal property taxes, special
assessments, sewer charges, or water charges are delinquent and remain
unpaid.
(b)
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]
(a)
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:
(1)
Notice of 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
and confront adverse witnesses.
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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.
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(b)
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:
(1)
Violation of any of the standards for license recommendations set forth in subsections 6-27(a)(1)—(13) or § 50-111;
(2)
Maintenance of a nuisance upon the premises; or
(3)
Discontinuance or termination of the sale of beer and wine or spirits
under the license at the premises for 12 consecutive months.
