[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland 7-14-2015 by Ord. No.
105. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 299.
This chapter shall be known and cited as the Charter Township
of Oakland "Alcohol Beverages Ordinance," and it shall be deemed sufficient
in any action for enforcement of the provisions hereof to define the
same by such short title and by reference to the number hereof.
The purpose of this chapter shall be:
A.
To secure economic development and protect the general welfare and
safety of the citizens and other persons within the Charter Township
of Oakland.
B.
To establish procedures and standards for review of applications,
renewals, transfers, and revocations/renewals of licenses to sell
beer, wine, and/or spirits.
C.
To establish procedures and standards for issuance or retention of
available, but unissued, quota licenses.
A.
Application. An application for a new license to sell beer, wine,
and/or spirits within the Township shall be sent to the Township Superintendent. The application shall include a fee
of $1,000 plus the estimated cost of the notice mailing; and the following
information:
(1)
The name, address and telephone number of the applicant, or the names,
addresses and telephone numbers of the officers and directors of the
corporation, if applicable.
(2)
The length of time said applicant has been in a business of that
character; or, in the case of a corporation, the date when its charter
was issued.
(3)
The location and description of the premises or place of business
which is to be operated under such license.
(4)
A statement that the 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 chapter or the laws of the State of Michigan.
(5)
A statement that the applicant will not violate any of the laws of
the State of Michigan or of the United States or any ordinances of
the Township in the conduct of its business.
(6)
The sources of all funds which will be relied upon in the establishment
and operation of the entity sought to be licensed.
(7)
Whether a new building is proposed or an existing structure will
be utilized.
(8)
A general operational statement outlining the proposed manner in
which the establishment will be operated, including a schedule of
the hours of operation, food service, crowd control, use of facilities,
parking facilities, and estimated cost of development.
(9)
A statement demonstrating that the location proposed and the methods
of operation will not detrimentally and unreasonably impact nearby
property owners, businesses and residents and an outline of the economic
impact the requested license will have on the surrounding area.
(10)
Any other information deemed relevant to the applicant or the
Township.
B.
Township action.
[Amended 5-9-2023]
(1)
After receiving the application, the Township Superintendent shall
refer a copy of the application to any applicable Township department
(i.e., Building Department, Fire Department, Police Department) for
an investigation relating to its areas of responsibility. Each department
shall issue a report to the Township Superintendent with its findings
and a recommendation regarding the application. The Treasurer's office
shall determine whether there are outstanding real estate taxes due
and owing, or other unpaid fees such as water bill, inspection/permit
fees, etc.; and forward its findings, together with written recommendation,
to the Township Board.
(2)
After receiving the reports from any applicable Township department,
the Township Superintendent shall submit the application and any investigatory
reports to the Township Board for review.
(3)
The Township Board shall grant a public hearing on the license application
to consider whether approving the license is in the best interests
of the Township.
(4)
At least seven days before the public hearing, the Township shall
send notice of the public hearing, at the expense of the applicant,
to all property owners located within 300 feet of the applicant's
proposed permit address.
(5)
Following the hearing, the Board will determine whether to approve
or disapprove the issuance of a new liquor license and issue written
notice of its decision to the applicant. The Board may consider the
following factors in making its determination:
(a)
The economic impact the issuance of the license could have on
the Township.
(b)
Whether the property values or character of the adjoining neighborhood
will be adversely affected.
(c)
Consistency with the Building Code, Zoning Ordinance, Zoning
Map, Land Use Plan, Master Plan and the anticipated impact on nearby
businesses and residences.
(d)
Input, and the Board's perception, of the attitude of Township
residents and business owners generally, as well as those in the surrounding
area of the proposed licensed premises.
(e)
Whether or not the location of the proposed licensed premises
is, when considering the location of licensed locations already in
existence, in the best interest of the Township.
(f)
Whether it is in the best interest of the Township to approve
of the issuance of another liquor license at the time an application
is before it for consideration.
(g)
The application shall be accompanied by building and plot 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.
(h)
Whether an applicant's business, whether existing or proposed,
will generate at least 50% of its gross revenues from the sale of
food for on-site consumption and whether the applicant's premises
are or will be, prior to commencing liquor sales, equipped to serve
the required volume of food sales.
(i)
Proximity to residences, schools and churches, with consideration
of any adverse effect the proposed establishment may have on such
land uses.
(j)
Whether traffic and parking requirements generated by the proposed
licensed premises will cause unnecessary congestion or inconvenience
on the public highways.
(k)
The applicant's experience, if any, in conducting a business
holding a license from the State Liquor Control Commission.
(l)
The applicant's management experience and reputation in
connection with the operation of other businesses or facilities.
(m)
Number of similar licensed premises in the Township.
(n)
Concentration and capacity of similar establishments.
(o)
The adequacy of the applicant's financial resources to
establish and operate the proposed establishment.
(p)
Association or integration with multiuse development.
(q)
Substantial renovation of existing building or preservation
or restoration of historic resources.
(r)
Proportion of floor area devoted to dining compared with bar
area.
(s)
Size of kitchen.
(t)
Size of dance floor, if any.
(u)
Character of the establishment (e.g., night club, hotel, restaurant,
dance club).
(v)
Crowd control, and pedestrian and vehicle movement.
(w)
Nonpayment of taxes, including outstanding real estate taxes
due and owing, or other unpaid fees such as water bill, inspection/permit
fees, etc.
(x)
Any possible cost burden on the Township.
(y)
Public safety and policing requirements, including whether the
applicant has any uncured ordinance violations and the applicant's
moral character, with special consideration given to any convictions
for crimes involving moral turpitude, violence, or alcoholic liquor
violations by the applicant or those who are intended to manage the
facility:
(6)
The Township Board may also deny an application:
(a)
To a person whose license, under this chapter, has been revoked
for cause or not renewed at the request of the Township.
(b)
To a person who, at the time of application for renewal of any
license issued hereunder, would not be eligible for such license upon
a first application.
(c)
To a co-partnership unless all of the members of such co-partnership
shall qualify to obtain a license.
(d)
To 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.
(e)
To 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.
(f)
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 or a controlled substance.
(g)
To 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 issued, or to a person, corporation or co-partnership
that does not have sufficient financial assets to carry on or maintain
the business.
(h)
To any law enforcing public official or any member of the Township
Board, and no such official shall be interested in any way either
directly or indirectly in the manufacture, sale, or distribution of
alcoholic liquor.
(i)
For premises where there exists a violation of the applicable
Building, Electrical, Mechanical, Plumbing or Fire Codes, applicable
Zoning Regulations, applicable Public Health Regulations, or any other
applicable Township ordinance.
(j)
For premises where it is determined by a majority of the Township
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 a nuisance does or will exist.
(k)
Where the Township 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 reasonable likelihood that the
location will become a nuisance to 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 for minors; proximity of any
inconsistent zoning classification; and accessibility from primary
roads or state highways.
(l)
To any applicant who omits or falsifies any information required
by this chapter.
(m)
To sell alcoholic beverages at retail, nor shall a request to
transfer an existing license be granted, if the contemplated location
is within 500 feet of a church or school building. The distance between
the church or school building and the contemplated location shall
be measured along the center line of the street or streets of address
between two fixed points on the center line determined by projecting
straight lines, at right angles to the center line, from the part
of the church or school building nearest to the contemplated location
and from the part of the contemplated location nearest to the church
or school building.
(n)
To any applicant who has had a liquor license revoked, or not
renewed for cause, in the last seven years under this article or a
comparable City or Township ordinance or state law, whether in Michigan
or otherwise.
(o)
An applicant is ineligible if they had an influential interest
in a business that has been declared by a court of law to be a nuisance,
as defined under the Revised Judicature Act, MCLA § 600.3801,
within seven years prior to the filing of the application for local
approval, if the conditions creating the nuisance occurred during
the time that the applicant had the influential interest in the business.
(7)
Multiple applicants for available licenses. If the Township Board
elects to issue an available license and more than one person applies
for same, the criteria set forth in this subsection shall determine
which, if any, applicant is issued an available license.
(b)
The applicant whose operations will be most consistent with
the promotion of the health, safety, and welfare of the residents
of the Township.
(c)
The applicant whose operations will be most consistent with
the appropriate use of adjacent properties and the Township as a whole.
(d)
The applicant whose operations will be most consistent with
the established policy of the Township as expressed in its other ordinances
and resolutions.
(e)
The applicant whose operations will be most consistent with
the public policies of the State of Michigan, as expressed in its
laws, rules and regulations.
(8)
License approval. If the Township Board votes to approve the application
for a new liquor license, the Board may condition the approval on
the satisfaction of any of the conditions stated below. Any conditions
set by the Board must be set forth in the Board's resolution.
Approval of the license can be granted with the following conditions:
(a)
In the Township's discretion, the applicant agrees not
to change the classification of its license (i.e., changing from a
tavern license to a Class C liquor license).
(b)
In the Township's discretion, a contract setting forth
restrictions acceptable to the Township and agreed to by the applicant.
Said contract may provide regulations as to the use of the license
in conjunction with entertainment, prohibit or restrict the transfer
of the license for a period of time, and any other provision allowed
by law and agreed to by the Township and the applicant.
(c)
Issuance of licenses shall be contingent upon the application
for, and receipt of, site plan approval, building permits, zoning
changes and other necessary approvals required by the Township within
six months after the issuance.
(d)
Construction shall be pursued within six months after the issuance
of a license, at which time the progress of the applicant in meeting
all of the above-stated conditions shall be reported by the Township
Superintendent, and his subordinates, to the Township Board.
(f)
No floor plans, building elevation, site plan, seating arrangement,
kitchen layout or other pertinent facts, drawings or documents considered
by the Township in granting its approval may be changed, unless the
change reasonably improves the design or service function of the facility
and the applicant receives approval for the change from the Township
Board. There shall be no fee charged under this chapter for Township
review of such an approval request.
(g)
When any building or remodeling is complete, it must meet all
state and local laws, ordinances and regulations and must comply with
any representations made to the Township Board by the applicant.
(h)
Failure of any applicant to meet any of the conditions set forth
in the Board's resolution for approval of the liquor license
shall be reason for the Township Board to deny the annual renewal
of any of the licenses issued.
A.
Procedure. Prior to filing an objection to a renewal of a license
or the transfer of a license, the Township Board shall give the licensee
notice of a public hearing, not less than 10 days prior to the hearing.
The notice shall include the reasons for the hearing, notice of the
proposed action, and a statement that the licensee may present evidence
and testimony on its behalf.
B.
Determination. If the Township Board decides to recommend nonrenewal
or object to the transfer of a license to the Michigan Liquor Control
Commission ("MLCC"), it shall pass a resolution to that effect, stating
the specific reasons for that determination. The resolution shall
be forwarded to the MLCC in a timely fashion.
The Township Board may, at any time, request that the MLCC revoke
an on-premises liquor license, for any of the following reasons:
A.
Violations of the state liquor laws.
B.
Violation of state law or local ordinances.
C.
Refusal to respond to written warnings that revocation proceedings
may be commenced unless the licensee or his representative appears
before the Township Board and shows cause why revocation should not
be initiated.
D.
Maintenance of a nuisance upon, or in connection with, the licensed
premises, including, but not limited to, any of the following:
(1)
Existing violations of Building, Electrical, Mechanical, Plumbing,
Zoning, Health, Fire or other applicable Regulatory Codes;
(2)
A pattern of patron conduct in the neighborhood of the licensed premises
which is in violation of the law and/or disturbs the peace, order
and tranquility of the neighborhood;
(3)
Excessive police contacts with licensed premises, or its patrons
off the premises, and determined to be the fault of the licensee;
and
(4)
Repeated reports that the licensee is serving minors or intoxicated
persons.
[Added 3-27-2018 by Ord.
No. 107]
A.
Purpose and intent. This is a section to adopt § 703 of
Public Act 58 of 1998, MCLA § 436.1703, as amended at this
time or as may be amended in the future, by reference, for the purpose
of regulating purchase, consumption, or possession of alcoholic liquor
by minor; attempt; violation; fines; sanctions; furnishing fraudulent
identification to minor; use of fraudulent identification by minor;
prior violation; screening and assessment; chemical breath analysis;
notice to parent, custodian, or guardian; exceptions; definitions.
B.
Adoption by reference. Section 703 of Public Act 58 of 1998, MCLA
§ 436.1703, as amended at this time or as may be amended
in the future, is hereby adopted by reference.
C.
Definition of "minor." As defined in § 109 of Public Act
58 of 1998, MCLA § 436.1109, as amended, "minor" means an
individual less than 21 years of age.
D.
Limitations. Violations of § 703 of Public Act 58 of 1998,
MCLA § 436.1703, as amended at this time or as may be amended
in the future, for which the maximum period of imprisonment is greater
than 93 days shall not be enforced by the Township of Oakland as an
ordinance violation.
E.
Penalties. The penalties provided in § 703 of Public Act 58 of 1998, MCLA § 436.1703, as amended at this time or as may be amended in the future, are adopted by reference, subject to the limitations stated in Subsection D above.
F.
Repealer. All ordinances or parts of ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this section
full force and effect.
