[HISTORY: Adopted by the Township Board of the Township of Paw Paw as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-2002 by Ord. No. 421]
(a) 
Whenever a person, partnership, corporation, association, or other legal entity which is in the process of obtaining a license from the Michigan Liquor Control Commission to sell alcoholic beverages requests approval from the Township of Paw Paw for the issuance of the license from the Michigan Liquor Control Commission, the person, partnership, corporation, association or other legal entity shall file a formal application for approval with the Township Board for the Township of Paw Paw.
(b) 
The application to be filed with the Township Clerk for the Township of Paw Paw shall contain the following information:
(1) 
The name, age and address of the applicant in the case of an individual; or, in the case of a partnership, the persons entitled to share in the profits thereof; in the case of a corporation, association, or other legal entity, the names and addresses of the officers, directors, shareholders, or other principal individuals.
(2) 
The address and property description of the premises of place of business which is to be operated under such license.
(3) 
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.
(4) 
A statement that applicant has never been convicted of a felony and is not disqualified to receive a license under this article 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 of America or any rules or regulations of the Michigan Liquor Control Commission, or any ordinances of the Township of Paw Paw in the conduct of its business.
(6) 
Any application for approval of a new license or for approval of the transfer of any currently valid or renewal license to a new location shall be accompanied by an eight and one-half inch by eleven-inch building and grounds layout diagram showing the entire structure, premises, and grounds, 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.
(c) 
Along with the application, the applicant shall pay a processing fee which shall be established by the Township Board from time to time.
The Township Board shall set a date for a public hearing at which time comments can be received from the general public in regard to the application and at which time the applicant or its agents can be questioned by the Township Board. After passing a resolution setting a public hearing, the Township Clerk shall cause notice to be published in a local newspaper in general circulation in the Township of Paw Paw at least five business days prior to the hearing. Approval of the application shall be by a majority vote of the Township Board.
If the Township Board refuses to approve the application the applicant shall be advised in writing and shall be advised as to the basis for the refusal.
Approval of the applicant as a licensee of the Michigan Liquor Control Commission shall be continuing until a transfer to a subsequent applicant or until action is taken by the Township Board as hereinafter set forth to object to the annual renewal required by the Michigan Liquor Control Commission or until a request by the Township Board to the Michigan Liquor Control Commission that the license be revoked.
(a) 
They may object to the annual renewal of the license by the Michigan Liquor Control Commission or may request that the license be revoked upon a determination based on a preponderance of the evidence presented at the public hearing described hereafter, that any of the following exist:
(1) 
Violation of any law of the State of Michigan or United States, or any rule or regulation of the Michigan Liquor Control Commission, or a violation of any Ordinances of the Township of Paw Paw.
(2) 
Maintaining of a nuisance upon the premises, including but not limited to any of the following:
a. 
A pattern of patron conduct in the neighborhood of the licensed establishment which is in violation of the law and/or disturbs the peace, order and tranquility of the neighborhood.
b. 
Entertainment which disturbs the peace, order and tranquility of the neighborhood.
(3) 
Making a false or fraudulent statement or answer in the application in § 4-21 above.
(4) 
Non-payment of real property taxes and/or personal property taxes as same become due.
(a) 
The public hearing referenced in § 4-25 shall be conducted by the Township Board as a whole at a regular or special meeting. The Township Clerk shall serve notice of public hearing upon the license holder by both first class mail sent not later than 10 days prior to the public hearing and by certified mail, return receipt requested. Notice of such public hearing shall contain the following information:
(1) 
Notice of proposed action;
(2) 
Date, time and location of public hearing;
(3) 
A detailed statement as to the reasons for the proposed action citing specific standards and guidelines the licensee has not complied with or has otherwise violated;
(4) 
A statement that the licensee has the right to be represented by an attorney at said public hearing.
(a) 
At the public hearing the Township supervisor shall act as the presiding official. The Township attorney shall present witnesses and evidence in support of the proposed action; the witnesses called by or on behalf of the Township may be cross-examined by the licensee or the licensee's attorney. The licensee shall thereafter present any witnesses, evidence or argument against the proposed action; the Township attorney may thereafter cross-examine the licensee's witnesses. Any individual board member may question witnesses called by either the licensee or the Township. There shall be an opportunity for comments from the general public.
(b) 
Following the public hearing the Township Board shall make specific findings of fact and determination in regard to the proposed action.
(c) 
If the Township Board passes a resolution to request that the license not be renewed by the Michigan Liquor Control Commission or to have the license revoked, a certified copy of the resolution and a certified copy of the separate statement of findings and determinations shall be delivered to the licensee and to the Michigan Liquor Control Commission.