City of Royal Oak, MI Licensing, General

In the case of all renewal licenses issued by the City of Royal Oak where the application for such renewal is not filed prior to the date of the expiration of the former license, or in the case of the issuance of a new license where the application for such new license was not filed prior to the date the applicant started to engage in the business for which the application was filed, a penalty of 25% shall be charged in addition to the regular license fee; provided, however, this article shall not apply to the issuance of dog licenses, for which a penalty is provided in the Dog Ordinance.[1]

[1]

Editor's Note: See Ch. 195, Art. III, Dogs.

§ 425-2 Exception for seasonal businesses; expiration dates set forth in other ordinances.

[Added 12-26-1950 by Ord. No. 629]

In the case of seasonal businesses requiring licenses where the licensed business is in operation only during a certain part of the year, the foregoing penalty shall not be charged in case the application for renewal license is made prior to the time of reopening the business for the year in which the renewal license is applied for. In such cases the applicant shall be entitled to a renewal license upon payment of the regular fee at any time before reopening his business for the year. In cases where a date for the renewal of license is specified in the ordinance relating to such business as, for instance, electricians and drainlayers, mentioned herein by way of illustration and not by way of limitation, no penalty shall be charged, provided the renewal license is applied for prior to the date specified in the ordinance relating to the licensing of such business.

Article II General Licensing

[Adopted 6-24-1996 by Ord. No. 96-16]

§ 425-3 Short title.

This article shall be known and may be cited as the "General Licensing Ordinance."

§ 425-4 Scope.

This article shall apply to all activities, businesses or operations which require a license in the City of Royal Oak.

§ 425-5 License required; term; authority to impose conditions; renewal date.

No person, firm, corporation or other entity shall engage or be engaged in the establishment, operation, conduct or carrying on of any activity, business or operation which requires a license under any ordinance in the City of Royal Oak, without first obtaining a license for that purpose. Every license issued by the City shall be effective for a period of one year from the date of issuance, unless sooner suspended or revoked, or limited in duration by initial issuance. The City may impose reasonable conditions upon the issuance of any license. The City Commission shall by resolution establish a schedule of renewal date for all licenses issued by the City.

§ 425-6 License review.

The City Commission may undertake a review of any license to determine whether or not the license should be renewed.

§ 425-7 Application for license.

Every applicant for a license to operate, establish, conduct or carry on any activity, business or operation which requires a license under any ordinance in the City of Royal Oak shall file an application with the City Clerk's office upon a form provided by the City of Royal Oak and a pay a nonrefundable application fee. Such fee shall be set by resolution of the City Commission and may be amended from time to time. The application shall contain at least the following information:

The name, residence address and telephone number of each applicant.

(1)

If the applicant is a corporation, the name, residence address and telephone number of each of the officers and directors of said corporation and of each stockholder owning more than 10% of the stock of the corporation if that individual is or will be involved in the management and/or operation of the particular establishment or activity proposed to be licensed, the address of the corporation itself, and the name and address of a resident agent in Oakland County, Michigan. The applicant shall also provide documentation that the corporation is in good standing in the state of incorporation.

(2)

If the applicant is a partnership, the name of the partnership, and the name, residence address and telephone number of each of the partners having 10% of an ownership interest if that individual is or will be involved in the management and/or operation of the particular establishment or activity proposed to be licensed, and the name, address and telephone number of a resident agent in Oakland County, Michigan.

(3)

If the applicant owns stock or has a financial interest in any other particular establishment or activity similar to that for which the license is sought, the name, address and telephone number of the corporation, and the name, address and telephone number of each other establishment.

The history of an applicant in the operation of the proposed licensed establishment or activity or similar business or occupation, including, but not limited to, whether or not such person has previously operated in the City or another municipality or state under license, has had such license revoked or suspended, and the reason therefor.

Applicant's social security number, driver's license number, if any, and date of birth.

Business, occupation, or employment of the applicant for the three years immediately preceding the date of application, including the name, address and telephone number of any and all employers.

All criminal convictions in the preceding 10 years, other than traffic violations, including the dates of convictions, nature of the crime, and place convicted.

Authorization for the City of Royal Oak, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application. The applicant shall give such additional information and identification necessary to discover the truth of the matters required to be set forth in application.

The application shall be signed and sworn to by the applicant.

§ 425-8 Investigation.

Upon receipt of such application, the City Clerk shall refer same as follows:

To the Chief of Police or his or her designated representative, who shall investigate and determine whether the person making application for such license is of suitable character to conduct or maintain such a business in the City of Royal Oak. The Chief of Police or his or her designated representative shall forward to the City Clerk the results of such investigation along with a recommendation concerning whether or not the license should be granted.

(1)

The phrase "of suitable character" as used in this article for the purpose of licensing shall be construed to mean the propensity on the part of the person to serve the public in the licensed area in a fair, lawful, honest and open manner.

(2)

In making his or her determination, the Chief of Police shall consider:

(a)

Penal history. All of the applicant's convictions in the preceding 10 years, other than traffic violations, the reasons therefor and the demeanor of the applicant subsequent to his or her release.

(b)

License and permit history. The license and permit history of the applicant; whether such applicant, in previously operating in this City or state or in another municipality or state under a license or permit, has had such license or permit revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent to such action.

(c)

Other information. The Chief of Police may consider any other information and documentation which he or she considers relevant to make a determination as to whether the applicant is of suitable character.

(3)

The Chief of Police or his or her designated representative shall complete his or her investigation and determination with 30 days of being provided with the application.

(4)

If an applicant is found to be unqualified for a license because of lack of suitable character, or similar criteria, the applicant shall be furnished by the City Clerk with a statement containing information as to the basis for this determination.

If the investigation by the Chief of Police or his or her designated representative does not evidence a lack of suitable character, the City Clerk shall refer the application to the Chief Building Inspector, Fire Chief, or their designated representatives, who shall cause a thorough inspection of the premises to be made, if applicable, to ensure that all pertinent provisions of state law and local ordinances, including the applicable plumbing, heating, electrical and zoning codes, are being complied with. The results of such inspections shall be returned to the City Clerk within 30 days of the date the application was referred. In the event the applicant refuses entry to the premises for the required inspections, said refusal shall be noted on the application, and the application shall be returned to the City Clerk for denial.

§ 425-9 Refusal, suspension, revocation or nonrenewal of license.

A license requested may be refused by the City Clerk or his or her designated representative, and any license issued may be suspended by the City Manager or his or her designated representative, and revoked or not renewed by the City Commission, for cause. The term "cause" as used in this article shall include the doing or omitting of any act, or permitting any condition to exist for which a license is issued, or upon any premises used in connection therewith, which act, omission or condition is contrary to the health, safety and welfare of the public, is unlawful, irregular or fraudulent in nature, is unauthorized or beyond the scope of the license issued, or is forbidden by this article or any applicable law. "Cause" shall include, but not be limited to:

A determination of lack of suitable character, a failure of the proposed licensed premises to meet applicable codes and ordinances, in the investigation conducted pursuant to a request for a license, or a refusal of the applicant to permit inspection of the premises prior to issuance of the license or during the period any license is in effect.

Fraud or material misrepresentation in the application for license.

Any material violation of this article or of the regulations authorized herein.

Any violation of federal or state law or local ordinance which creates a risk to the health, safety or welfare of the community, or brings into question whether the licensee is of suitable character to operate the business.

Conducting the business in an unlawful manner or in such manner as to constitute a maintenance of a nuisance upon or in connection with the licensed premises. For purposes of this article, "nuisance" shall be given the normal and customary meaning, and shall include, but not be limited to, the following:

(1)

Existing violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes.

(2)

A pattern or practice of patron conduct which is in violation of the law and/or interferes with the health, safety and welfare of the residential or commercial properties in the area.

(3)

Failure to maintain the grounds and exterior of the licensed premises, including litter, debris or refuse blowing or being deposited upon adjoining properties.

Failure by the licensee to permit the inspection of the licensed premises by the City's agents or employees in connection with the enforcement of this article.

Failure of the licensee to pay personal property taxes, other City obligations, and real property taxes by February 14 of each year arising from their use and occupancy of the property. A licensee who does not own the real property is not responsible for the payment of the real property taxes unless the lease requires such payment.

§ 425-10 Authority to revoke license.

Each establishment licensed pursuant to this article shall be operated and maintained in accordance with all applicable laws and regulations of the City of Royal Oak and the State of Michigan. Upon any violation of this article, or the violation of any other applicable ordinance, after notice and hearing, the City Commission may revoke such license.

§ 425-11 Procedure for recommendation on nonrenewal, revocation or suspension.

Before taking any action concerning nonrenewal, revocation or suspension of a license, the City Manager, or his or her designated representative, shall serve the licensee by first class mail, mailed at least 10 days prior to a hearing with notice of hearing, which notice shall contain the following:

(1)

Date, time and place of hearing.

(2)

Notice of the proposed action.

(3)

Reasons for the proposed action.

(4)

Names of witnesses known at time who will testify.

(5)

A statement requiring the licensee to notify the Royal Oak City Attorney's office at least three days prior to the hearing date if he, she or it intends to contest the proposed action, and to provide the names of witnesses known at that time who will testify on his, her or its behalf.

All hearings shall be open to the public. Any person whose interests are affected shall be given an opportunity to be heard.

The City Commission may adopt procedures under which the hearing will be conducted. The procedures shall not require compliance with strict rules of evidence.

Upon completion of the hearing, the City Commission shall submit to the licensee a written statement of its findings and determination with 30 days.

During the procedure for nonrenewal, revocation or suspension, the licensee will be permitted to continue to operate until such time as the findings and determination is served upon the licensee by mail or otherwise.

§ 425-12 License refusal; hearing.

Any person whose initial request for a license is refused shall have a right to a hearing before the City Commission, provided a written request therefor is filed with the City Manager within 10 days following such refusal. The City Commission shall have the right to affirm and sustain any refusal to issue a license, or the City Commission may grant any license.

§ 425-13 Referral to hearing officer; appeals.

In lieu of conducting the hearings set forth in §§ 425-11 and 425-12 above, the City Commission may alternatively appoint a hearing officer to conduct such hearing. The hearing officer will follow the applicable procedures for the hearing. Upon completion of the hearing, the hearing officer shall submit to the City and to the licensee a written statement of his or her findings and determination within 30 days.

The licensee shall have the right to appeal an adverse decision by the hearing officer to the City Commission, provided that a written request for appeal is filed within 21 days after the day the findings and determination were served by the hearing officer. The appeal to the City Commission shall be upon the record made before the hearing officer.

§ 425-14 Court review.

Any applicant for a license which has been refused, and any licensee who has had a license suspended, revoked or not renewed, shall have the right to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law.

§ 425-15 No assignment of license.

No license granted pursuant to this article or any other ordinance may be assigned, transferred or otherwise utilized by any other person or entity other than the licensee.

§ 425-16 Violations and penalties.

Any persons violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500 or be imprisoned for a period not exceeding 90 days, or be both so fined and imprisoned, in the discretion of the court.