[Adopted 10-8-1985 as Ord. No. 926]
This article shall be known and may be cited
as "Roseville's Liquor License Ordinance."
This article is established to cause the greatest
benefit to the City of Roseville in its use of the powers with regard
to the issuance, transfer, renewal or revocation of liquor licenses
within its jurisdiction. This article is established in order to provide
an orderly and nondiscriminatory procedure for the review and approval
by the City of Roseville of any and all requests for liquor licenses
or any matter relating thereto, for the sale or dispensation of alcoholic
beverages within the City of Roseville, and each person, firm or corporation
who desires such license, approval or renewal of the same shall comply
with the provisions of this article.
As used in this article, the following terms
shall have the meanings indicated:
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.
Includes any person or legal entity of whatsoever kind or
nature, either charitable or profitable, that desires to have or is
already possessed of any license issued by the State of Michigan for
the sale and dispensation of alcoholic beverages pursuant to a liquor
license of any variety within the City of Roseville.
A.
Application. The applicant must first submit an application
for a liquor license to the Michigan Liquor Control Commission before
submitting to the City of Roseville an application for liquor license
approval. No applications for a liquor license will be considered
by the City of Roseville until the City has been notified by the Michigan
Liquor Control Commission that they have received such an application.
B.
The applicant shall submit a current and fully completed
City of Roseville liquor license application, as prepared and furnished
by the City Clerk, to: City Clerk, The City of Roseville, 29777 Gratiot,
P.O. Box 290, Roseville, Michigan 48066.
C.
Required information and applicable fee.
(1)
The City application shall include at least the following
information:
(a)
Name and address of applicant. If a partnership
or corporation, all persons with an ownership interest shall be listed.
(b)
Type of license desired.
(c)
Address and legal description of the property
where the license is to be located.
(d)
A preliminary site plan showing the relationship
of the proposed structure to the surrounding property and uses, and
photographs or drawings of each of the sides of the structure in which
the license shall be operated.
(e)
A written statement as to the applicant's character,
experience and financial ability to meet the obligations and business
undertakings for which the license is to be issued.
(f)
Any other information pertinent to the applicant
and operation of the proposed facility as may be required by the City
Council by prior notice to the applicant.
(2)
The application shall be accompanied by a deposit
of a nonrefundable fee, in an amount determined by the City Council
to cover the cost of investigation, review and inspection by the City
of Roseville of said application.
D.
Following the receipt of the fully completed application
and such other information as may be requested by the City, the City
Clerk shall forward the application to the Police Department, Fire
Department, Department of Buildings and Inspection and such other
departments as required by the City Manager, which departments shall,
within 30 days, make their recommendations prior to consideration
by the City Council. In making its review, the City may request from
the applicant other pertinent information.
E.
Upon receipt by the City Clerk's office of the recommendations
of the Police Department, Department of Buildings and Inspection,
Fire Department and other departments as required, the City Clerk
shall cause the application to be placed on the agenda of the City
Council within 60 days after receipt of the same in the office of
the Clerk. All applications are subject to the final approval of the
City Council.
F.
At the initial hearing before the City Council to
consider the application for a liquor license, the City Council will
take one of the following steps:
(1)
Ask the applicant to proceed with the submitted plans
so that a more detailed and complete proposal may be heard by the
Council at a later date; provided, however, that this action by the
Council shall not be interpreted to mean approval of the application
or the general details of the proposal.
(2)
Postpone action on the application for a period not
to exceed 60 days. The sixty-day limitation for postponement of action
may be waived by the applicant if the postponement is for the purpose
of supplying the City Council with additional information requested
of the applicant by the City Council, when the applicant is unable
to supply the requested information within the stated time period.
(3)
Recommend to the Liquor Control Commission of the
State of Michigan approval of the applicant above all others for the
issuance of a liquor license.
(4)
Reject the application stating the reasons for this
denial.
G.
The City Council, in making its decision, shall consider
the following criteria on the application:
(1)
The applicant's management experience in the alcohol/liquor
business.
(2)
The applicant's general business management experience.
(3)
The applicant's general business reputation.
(4)
The applicant's moral character.
(5)
The applicant's financial status and its ability to
build and/or operate the proposed facility on which the proposed liquor
license is to be located.
(6)
Past criminal convictions of the applicant for crimes
involving moral turpitude, violence or alcoholic liquors.
(7)
The applicant's excessive use of alcoholic beverages.
(8)
The effect the issuance of a license would have upon
the economic development of the surrounding area.
(9)
The effects that the issuance of a license would have
on the health, welfare and safety of the general public.
(10)
The recommendations of the local law enforcement agency,
Department of Buildings and Inspection and/or Fire Department with
regards to the proposed facility.
(11)
Whether the applicant has demonstrated the public
need or convenience for the issuance of the liquor license for the
business facility at the location proposed.
(12)
The uniqueness of the proposed facility when contrasted
against other existing or proposed facilities.
(13)
The number of liquor licenses issued by the City of
Roseville within the past 24 months.
(14)
Whether the facility to which the proposed liquor
license is to be issued complies or will comply with the applicable
Building, Plumbing, Electrical and Fire Prevention Codes[1] and zoning statutes and ordinances applicable in the City.
(15)
The effects of the business facility to which the
proposed license is to be issued will have upon vehicular and pedestrian
traffic in the area.
(16)
The proximity of the proposed business facility to
other similarly situated licensed liquor facilities.
(17)
The effects that the business facility to which the
proposed license is to be issued would have upon the surrounding neighborhood
and/or business establishments.
(18)
The permanence of the establishment in the community
as evidenced by the proposed or actual commitments made by the applicant.
(19)
Such other considerations as the Council may deem
proper, provided that such considerations are reasonable under all
of the circumstances.
H.
Restrictions on licenses. No license shall be issued
to:
(1)
A person whose liquor license has been revoked or
not renewed for cause under this article or a comparable City or township
ordinance or state law, whether in Michigan or otherwise.
(2)
A copartnership or partnership, unless all the members
of such copartnership or partnership shall qualify to obtain a license.
(3)
A corporation, if any officer, manager or director
thereof, or stockholder owning in the aggregate more than 10% of the
stock of such corporation, would not be eligible to receive a license
hereunder for any reason.
(4)
A person or corporation who has been convicted of
a crime punishable by death or imprisonment in excess of one year
under the law under which he or she was convicted; a crime involving
theft, dishonesty or false statement (including tax evasion) regardless
of punishment, or a crime or administrative violation of a federal
or state law concerning the manufacture, possession or sale of alcoholic
beverages or controlled substances, or violation of any applicable
local ordinance regulating conduct and activities at a liquor licensed
premises.
(5)
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 City ordinance.
I.
Once an applicant who has been asked to proceed by
presenting a more detailed and complete proposal has sufficiently
completed its plans and obtained site plan, engineering, zoning, planning
and other necessary approvals by the City, the applicant may then
request consideration by the Council of a conditional approval. Upon
the receipt of a written notice by an applicant that he or she requests
consideration of a conditional approval, the City Manager shall cause
the application to be placed on the agenda of the City Council for
said Council's action within 60 days of the receipt of the same by
the office of the Clerk. At that meeting, the applicant shall be prepared
to discuss the following:
(1)
Cost estimates for the building, furnishings and fixtures
as part of the proposal.
(2)
Site plan information, including landscaping and other
aesthetic features of the proposal.
(3)
Estimate of the number of employees who would be required
for the operation.
(4)
Information on the individual or individuals expected
to manage the operation, as well as information as to how the facility
would actually be managed.
(5)
Information about any entertainment or dancing that
might be involved.
(6)
Answers to any related questions about the proposed
improvements and/or general operation of the facility.
J.
Following this presentation by the applicant, the
City Council may conditionally approve the application, postpone consideration
for a reasonable period or reject said approval. Conditional approval
will be contingent upon the obtaining of building permits and any
other necessary permits, licenses or approval from the City within
six months from the date of such conditional approval. The construction
of new buildings and alterations of existing buildings shall commence
within six months after the date of the conditional approval, with
a completion date of no more than one year after the issuance of the
relevant building permit. Extensions for completion of construction
or alteration may be granted by the City Council for good cause.
K.
After receipt of a conditional approval by the City
Council, no floor plan, building elevation, site plan, seating arrangement,
kitchen layout or other pertinent facts, drawings or documents submitted
to the City of Roseville City Council may be changed without the applicant
first receiving approval from the Department of Buildings and Inspection,
Fire Department and City Council.
L.
Upon completion of the building and in accordance
with the prior conditional approval of the Council, the City Council
shall then thereupon recommend, above all others, the applicant for
approval of the liquor license to the Liquor Control Commission of
the State of Michigan.
M.
Reservation of authority. No applicant for a liquor
license has a right to the issuance of such license to him, her or
it, and the City Council reserves the right to exercise reasonable
discretion to determine who, if anyone, shall be entitled to the issuance
of such licenses.
The transfer of any existing liquor license
covered hereunder shall be subject to each of the requirements, criteria
and procedure, including fees, set forth in this article for the granting
of a new liquor license. In addition, the transferee-applicant shall
furnish a copy of any and all files which may be in the Michigan Liquor
Control Commission's possession regarding that Commission's investigation
of the transferee as a present licensee, or as a previous licensee,
or in which transferee has or has had a partial interest in.
A.
The City Council may object to a renewal of a liquor
license or request the revocation of a liquor license with the Michigan
Liquor Control Commission.
B.
Procedure. Before filing an objection to the renewal
or request for revocation of a license with the Michigan Liquor Control
Commission, the City Council shall serve the license holder, by certified
mail, return receipt requested, mailed not less than 20 days prior
to the hearing, a notice of such hearing, which notice shall contain
the following information:
C.
Such hearing shall be conducted by the City Council
as a whole. The City Council shall submit to the license holder and
the Michigan Liquor Control Commission, a written statement of its
ultimate findings and determination.
D.
Criteria for nonrenewal or revocation. The City Council
may recommend nonrenewal or revocation of a license upon a determination
by it that, based upon a preponderance of the evidence presented at
the hearing, any of the following exist:
This article shall apply only to licenses to
sell beer, wine or spirits for on-premises consumption, including
but not limited to Class B licenses, Class C licenses, resort licenses,
tavern licenses, club licenses and hotel licenses. This shall not,
in any event, apply to applications for SDM or SDD licenses, special
licenses granted by the Michigan Liquor Control Commission or one-day
permits as allowed by statute.
