The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ALCOHOL
The product by distillation or fermented liquid, whether
rectified or diluted with water or not, whatever may be its origin.
It does not mean ethyl and/or industrial alcohol, diluted or not,
that has been denatured or otherwise rendered unfit for beverage purposes.
ALCOHOLIC LIQUOR
Any spirituous, vinous, malt or fermented liquor, liquids
and compounds, whether or not medicated, proprietary, patented and
by whatever name called, containing 1/2 of 1% or more of alcohol by
volume which are fit for use for beverage purposes.
VENDOR
A person licensed by the State Liquor Control Commission
to sell alcoholic liquor.
WINE
The product made by the normal alcoholic fermentation of
the juice of grapes or any other fruit with the usual cellar treatment,
and containing not more than 21% of alcohol by volume. The term "wine"
shall include fruit (fermented) juices other than grapes.
No person shall do or engage in any act relating to traffic
in alcoholic liquors for which a license is required under the laws
of the state, without first obtaining a license pursuant to and under
the laws of the state. No person shall, directly or indirectly, or
by a clerk, agent or employee, manufacture for sale, sell, offer or
keep for sale, barter, furnish or import for sale, transport for hire
or transport, or possess any beer, wine, spirits and/or alcoholic
liquor unless such person shall have fully complied with the laws
of the state and/or the rules and regulations of the State Liquor
Control Commission.
No licensee under the laws of the state shall sell or furnish
any alcoholic liquor on any day or at any hour or time not permitted
under the laws of the state or the rules and regulations of the State
Liquor Control Commission.
No vendor shall make any regulation requiring the purchase or
serving of food with the purchase of any alcoholic liquor, nor shall
any food of any kind be given away in connection with the sale of
alcoholic liquor.
No vendor shall knowingly permit any alcoholic liquor sold by
the vendor for on-premises consumption to be removed from the premises
where sold.
No vendor shall sell or furnish any alcoholic liquor of any
kind or description at any time in connection with their business
to a visibly intoxicated person.
No person shall furnish fraudulent identification to a person
less than 21 years of age, and no person less than 21 years of age
shall use a fraudulent identification to purchase alcoholic liquor.
[Amended 5-16-1995 by Ord. No. 231; 4-18-2022 by Ord. No. 378]
A. Notwithstanding anything to the contrary provided in this chapter,
alcoholic beverages as defined in the State of Michigan Liquor Control
Code, Public Act No. 58 of 1998 (MCLA § 436.1101 et seq.)
may be sold and consumed in accordance with that Act and the rules
and regulations of the State Liquor Control Commission within the
confines of land owned, leased or controlled by the Village. This
section is intended to provide standards, priorities and procedures
which will permit the Village Council to exercise its authority for
the maximum benefit of the Village and its persons and property.
B. If an individual or entity has obtained appropriate authorization
to use a Village facility, alcoholic beverages may be sold and consumed
at Tanglefoot Park, Mill Point Park, Central Park, within the established
social district, and at Barber School if dispensed by a licensed vendor.
C. A not-for-profit corporation or a foundation may make application
to the Village Council pursuant to the laws of the state and this
section for a temporary use beer and wine sale and consumption special
use permit for use within the confines of land leased or controlled
by the Village. Such not-for-profit corporation or foundation shall
also disclose to the Village Clerk/Treasurer in an application to
be submitted to the Village Clerk/Treasurer, the following:
(1) That it has had issued to it, and is still in effect, a determination
that the applicant is exempt from income taxation pursuant to Section
501(c)(3) of the Internal Revenue Code of the United States;
(2) A list of the name and business address of the applicant and the
names and addresses of all of its directors and officers;
(3) The proposed hours of operation contemplated for such use and indicate
that such operation shall cease the sale and prohibit the consumption
of beer and wine on the premises after a time as established by the
Village Council, and that such sale and consumption of beer and wine
shall not commence prior to such time as established by the Village
Council in the evening of each day during which such permit is authorized;
(4) The names, addresses and local telephone numbers of three responsible
persons who are officers, directors or a member of the applicant who
will be of adult age and will remain responsible for the activities
on the premises for which the special use permit is issued at all
times during the operation of such beer and wine sale and consumption;
(5) The security measures to be provided at the premises; and
(6) The restroom facilities and maximum number of persons to be allowed
at any time within the area within which beer and wine is proposed
to be sold and consumed.
D. The Village Council, in open meeting, shall determine by a majority
vote of members present whether such special use permit shall be granted,
subject to the terms of this section. In the event of approval of
a special use permit for a not-for-profit corporation or foundation
with the qualifications stated in this section, only one such permit
shall be approved; and it shall only be utilized if and when approval
is also obtained from the State Liquor Control Commission for the
lawful conduct of beer and wine sales and consumption on the premises
stated for which the permit is issued at the times and on the dates
provided in this section. If there is a revocation for any reason
of a permit or license which has been issued by the Liquor Control
Commission to a vendor for sale of beer and wine on the premises for
which the Village has issued a permit, the permit authorized by this
section shall likewise be forthwith revoked.
E. The holder of such permit shall cause at least one tent or similar
temporary weather shelter to be located upon the premises area within
which shall be located at least one of the dispensers of the beer
and wine, and also chairs and tables for patrons. There shall be a
positive method of patrolling access into such area, such as a fence
or similar type temporary structure; and there shall be available
within such confined area sufficient restroom facilities for the patrons
of the establishment.
F. Upon the expiration of any permit issued pursuant to this section,
all tables, chairs, fences, beer tents and other areas furnished by
the not-for-profit corporation or foundation shall be dismantled and
removed from the premises; and the grounds shall be returned to a
condition existing prior to the occupancy by the permit holder and
all paper and debris removed.
G. Any permit holder shall not exercise any rights granted under this
section without first delivering to the Village Clerk/Treasurer a
validly issued and effective liability insurance certificate naming
the Village, its elected officials, employees and duly appointed agents,
as insureds in the minimum amount as required by the Village for comprehensive
all-risk liability coverage for negligence or other liability claims
against the permit holder and such named persons or entities. The
permit holder shall also hold such named persons or entities harmless
from claims, injury or damage to persons or property arising out of
any incidents of the permit holder occurring by reason of its activities
pursuant to such permit.
H. No permit issued pursuant to this section shall be transferred to
another person or premises other than the one for which it was issued.
I. A permit issued pursuant to his section shall be prominently displayed
in the area where beer or wine is to be sold.