Charter Township of Oakland, MI Alcohol Beverages

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.

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:

[1]

Background check.

[2]

Building Code violations.

[3]

OCSO recommendation.

[4]

Fire Department recommendations.

(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.

(a)

The applicant which best meets the criteria set forth in § 115-3.

(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.

(e)

The Township Board may extend, upon a showing of special or unusual circumstances not the fault of the applicant, the time period set forth in Subsection B(8)(b) and (c) above upon a request made before expiration of said time periods.

(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.