[HISTORY: Adopted by the Township Board of the Charter Township
of Huron as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-14-1985 by Ord. No. 85-5 (Part 23 of the 1995 Compilation
of Ordinances); amended in its entirety 6-12-2013 by Ord. No. 13-02]
A.
Application. Applications for a license, or the transfer of a currently
issued license, to sell beer, wine and spirits for consumption on
the 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. Applicants shall use the
"Application For Liquor License" form that is available from the Township
Clerk's office and shall pay the nonrefundable fee(s) as included
in the Township Fee Schedule. Incomplete applications shall not be
accepted.
B.
Restrictions on licenses. No such license shall be issued, or transferred,
as the case may be, to:
(1)
A person whose license, under this article, has been revoked for
cause.
(2)
A copartnership, unless all of the members of such copartnership
shall qualify to obtain a license.
(3)
A corporation, if 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, would not be eligible to receive a
license hereunder for any reason.
(4)
A person whose place of business is conducted by a manager or agent
unless such manager or agent possesses the same qualifications required
of the licensee.
(5)
A person who has been convicted of a violation of any federal or
state law concerning the manufacture, possession or sale of alcoholic
liquor.
(6)
A person who does not own the premises for which a license is sought
or does not have a lease therefor.
(7)
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.
(8)
For any premises unless the sale of intoxicating liquors 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.
(9)
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.
(10)
Where the Board determines, by majority vote, that the proposed
location is inappropriate considering the desirability of establishing
a location in developed, commercial areas, in preference to isolated,
undeveloped areas; the attitude of adjacent residents and property
owners; traffic safety; accessibility to the site from abutting roads;
capability of abutting roads to accommodate the commercial activity;
distance from public or private schools; proximity of the inconsistent
zoning classification; and accessibility from primary roads or state
highways.
A.
Procedure.
(1)
Before filing 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
hearing, with notice of a hearing, which notice shall contain the
following:
(2)
Following hearing, the Township Board shall submit to the license
holder and the Commission a written statement of its findings and
determination.
B.
Criteria for revocation. The Township Board shall recommend revocation
of a license upon a determination by it that, based upon a preponderance
of the evidence presented at hearing, any of the following exist:
(2)
Violation of any federal, state or local law as to the manufacture,
possession, or sale of alcoholic liquor;
(3)
Maintenance of a nuisance upon the premises;
(4)
Violation of any consent agreement or other representations made
by the licensee in conjunction with its application and/or request
for the issuance of said license or any permit applicable thereto;
or
(5)
Failure of the licensee or applicant to place said license in active
operation within two years of the approval for issuance of said license.
[Adopted 2-23-1994 by Ord. No. 94-1 (Part 27 of the 1995 Compilation
of Ordinances)]
This article shall be known and cited as the "Huron Township
Liquor Control Ordinance."
All alcoholic liquor traffic, including, among other things,
the manufacture, sale, offer for sale, storage for sale, possession
and/or transportation thereof within Huron Township, Wayne County,
Michigan, shall comply with the provisions of the Michigan Liquor
Control Act of 1998, Act No. 58 of 1998 (MCLA § 436.1101
et seq.), as amended.
A.
Any person, other than persons required to be licensed under the
Michigan Liquor Control Act, who shall violate any of the provisions
of this article shall be guilty of a misdemeanor.
B.
Any licensee who shall violate any of the provisions of the Michigan
Liquor Control Act or any rule or regulation of the Michigan Liquor
Control Commission promulgated thereunder, or who shall violate any
of the provisions of this article, and any person who shall prohibit
or interfere with the authorized inspection by a member of the Township
Police Department or other authorized Township employee shall be guilty
of a misdemeanor, punishable by imprisonment in the county jail not
more than 90 days or by a fine of not more than $500, or both, in
the discretion of the court. Each day that a violation continues to
exist shall constitute a separate offense.
