City of Royal Oak, MI
Oakland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Royal Oak as indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
Intoxicating liquors — See Ch. 15, Sec. 22.
GENERAL REFERENCES
Disorderly conduct — See Ch. 278.
[Adopted 3-12-1990 by Ord. No. 90-3; amended in its entirety 6-4-2001 by Ord. No. 2001-06]
This article shall be known and may be cited as the "Liquor Control Ordinance."
The purpose of this article is to allow the City to establish and administer a policy for the issuance and transfer of liquor licenses and permits, to provide for the enforcement of liquor laws, regulations and ordinances, and to limit the number of liquor licenses in the City of Royal Oak.
New licenses or permits, transfer of ownership of existing licenses, transfers into the City of new licenses, and relocation or expansion of an existing licensed establishment will be approved at the sole discretion of the City Commission.
[Amended 10-6-2008 by Ord. No. 2008-15; 11-21-2011 by Ord. No. 2011-19]
A. 
Business operation. All on-premises licensees shall operate in accordance with a plan of operation approved by the City Commission.
B. 
Plan of operation. A plan of operation shall contain an operational statement outlining the proposed manner in which the establishment will be operated, including, but not limited to, the format, schedule of the hours of operation, crowd control, security, alcohol management, use of the facilities, parking provisions, plan for interior use and layout (including the location of any bar and the number of bar seats), and any other pertinent information as requested by the City.
[Amended 10-7-2013 by Ord. No. 2013-19]
C. 
General compliance. Licensees shall comply with all applicable state and City regulations, this general policy, and a plan of operation as approved by the City Commission. Any change to a plan of operation shall be approved by the City Commission prior to implementation of the change by the licensee. Failure of such compliance or variance from an approved plan is a violation of this article and may result in the City Commission recommending to the Michigan Liquor Control Commission that the license be revoked or not renewed.
D. 
Initial compliance with plan of operation. Within six months of having obtained approval of an application for the transfer of an on-premises license from the Michigan Liquor Control Commission, a licensee shall obtain a certificate of occupancy and open for business in compliance with the plan of operation approved by the City at the time the application for the transfer was being reviewed. If the licensee fails to do so, the City Commission may undertake a review of the plan to determine if operation of the establishment pursuant to that plan will still provide a benefit to the City and constitute an asset to the community, or if the facts and circumstances surrounding the earlier approval have changed such that amendments need to be made to the plan before the licensee is permitted to open for business.
[Amended 7-6-2009 by Ord. No. 2009-07]
Each applicant for a new license, the transfer into the City of a new license, or an applicant seeking to relocate or alter the size of the physical structure of existing licensed premises shall make a request to the City in accordance with the following procedures:
A. 
Application. Each applicant must submit to the City Clerk an application (on a form provided by the City), a plan of operation, plot plan of the site, a plan for interior use and exterior design, and the layout of any ancillary facilities. As part of the application, each applicant shall submit a written statement explaining in detail how his/her proposal meets the factors as listed in Subsection D of this section.
B. 
City departmental review. Upon receipt of an application and plans, the City Manager will refer same to the Chief of Police, Fire Chief, Planning Department, Building Department and other City officers or employees, who shall cause a thorough review and investigation, including but not limited to a complete history of past business experience and liquor law violations, if any, to be made of the persons and/or premises which must meet or exceed codes. The applicant shall provide all requested information to, and fully cooperate with, all City departments requesting any and all additional information. The findings resulting from such review and investigation shall be reported to the City Manager, who then will report same to the City Commission.
[Amended 10-7-2013 by Ord. No. 2013-19]
C. 
Public hearing/review.
[Amended 10-7-2013 by Ord. No. 2013-19]
(1) 
Hearing. The City Commission shall hold a public hearing upon a request for a new license, to transfer a new license into the City, or to relocate or alter the physical size of an existing establishment.
(a) 
In lieu of conducting the hearing, the City Commission may alternatively appoint a hearing officer or a subcommittee to conduct such a hearing. Upon the completion of the hearing, the hearing officer or the subcommittee shall submit a written finding to the City Commission within 30 days following completion of the hearing.
(b) 
The applicant shall have the right to appeal an adverse decision by the hearing officer or the subcommittee to the City Commission, provided that a written request for appeal is filed with the City Manager within 21 days after receipt of the findings. The appeal to the City Commission shall be upon the record made before the hearing officer or the subcommittee.
(2) 
Notice. Notice of all hearings shall be provided to all property owners, residents and voters within 300 feet of the proposed establishment, all LCC Class C license holders, the Chamber of Commerce, all neighborhood associations, the PTA Council, the School Board, the Royal Oak Restaurant Association and the Prevention Coalition. The applicant shall pay the cost of such notice.
(3) 
Appearance. The applicant will be required to appear at the hearing before the City Commission, the hearing officer, or the subcommittee and make a written and/or oral presentation concerning the request.
D. 
Review factors. In reviewing a request, the City Commission, the hearing officer, or the subcommittee may consider and/or weigh the following factors:
[Amended 11-21-2011 by Ord. No. 2011-19; 10-7-2013 by Ord. No. 2013-19]
(1) 
Conserve the expenditure of funds for public improvements and services to conform to the most advantageous uses of land, resources and property.
(2) 
Appropriate relationship between buildings and land uses.
(3) 
The general and appropriate trend and character of land, building, and population development.
(4) 
Total number of similar licenses in the City.
(5) 
Input from residents and surrounding business owners.
(6) 
Impact of the establishment on surrounding businesses and neighborhoods.
(7) 
Whether a proposed licensed premises is part of a multi-use project with substantial new retail, office, or residential components; the size of the licensed premises relative to the overall project or development.
(8) 
Crowd control.
(9) 
Pedestrian movement.
(10) 
Vehicular movement.
(11) 
Parking availability.
(12) 
Total square footage of LCC establishments within the area.
(13) 
Number of on-premises establishments within the area.
(14) 
Concentration and capacity of similar establishments.
(15) 
Number of seats/occupancy per given area (block, intersection, etc.).
(16) 
Association/integration with multi-use development.
(17) 
Amount invested in the facility/establishment.
(18) 
Substantial renovation of existing buildings.
(19) 
Preservation or restoration of historic buildings.
(20) 
Locating in an underdeveloped area.
(21) 
Concentration of drinking establishments and impact on policing requirements.
(22) 
Policing requirements.
(23) 
Business history.
(24) 
Business experience.
(25) 
Liquor Control Commission violation history.
(26) 
Ratio of food to alcohol sales.
(27) 
Percent of floor area devoted to dining versus bar area.
(28) 
Size of kitchen (square footage) in relation to total square footage of the establishment.
(29) 
Size of bar area.
(30) 
Size of dance floor, if any.
(31) 
Size of outdoor service area, if any.
(32) 
Type or character of the establishment, e.g., dining, nightclub, hotel, dance club.
(33) 
Diversification of the type of entertainment in the CBD or throughout the City.
(34) 
Diversification of the type of commercial activity in a given area, block, CBD, etc.
(35) 
Overall benefit of the plan to the City of Royal Oak.
(36) 
Nonpayment of taxes.
(37) 
Any other factor(s) that may affect the health, safety and welfare or the best interests of the community.
E. 
Bistro concept.
[Amended 2-4-2013 by Ord. No. 2013-02]
(1) 
An applicant for a liquor license may propose to utilize the license for purposes of the operation of a bistro. Food service shall be the primary purpose of a bistro. Unique and diverse venues with specialized menus that attract new patronage are encouraged.
(2) 
For purposes of this chapter, a "bistro" is defined as a restaurant with a full-service kitchen with interior seating that meets all of the following criteria:
(a) 
The liquor license must be a redevelopment district license, as defined in the Michigan Liquor Control Code, MCLA § 436.1101 et seq., as amended.
(b) 
Interior seating (including bar seating) can be no greater than 75 people.
(c) 
Seasonal sidewalk cafe seating of up to 24 people may be allowed, provided that the City determines that there is sufficient space on an adjacent public sidewalk. Rooftop seating shall not be allowed.
(d) 
Bar seating shall be limited to eight seats.
(e) 
The license shall not include a dance permit.
(f) 
The establishment shall close no later than 12:00 midnight any day of the week. With the prior approval of the City Commission, an establishment may remain open to offer food service. If an establishment is allowed to remain open to offer food service, the sale of alcohol shall stop at 12:00 midnight.
(g) 
No gaming devices or amusements (including, but not limited to, pool tables, dartboards, video games and pinball) shall be permitted.
(h) 
Alcohol shall only be served to seated patrons.
(i) 
The interior seating area shall be no greater than 2,250 square feet.
(j) 
No direct connection additional bar permit shall be allowed.
(k) 
The licensee must otherwise comply with all requirements of the City Code.
(3) 
Prior to operating a bistro, a licensee shall enter into a written agreement with the City setting forth all of the operating requirements for a bistro. Failure to comply with the terms and conditions of the agreement shall be grounds for the City to recommend revocation of the license by the Michigan Liquor Control Commission.
F. 
Approval. If the City Commission is satisfied that the establishment or operation will provide a benefit to the City of Royal Oak and constitute an asset to the community, it will adopt a resolution granting approval, subject to the satisfaction of any conditions stated in the resolution.
[Amended 10-7-2013 by Ord. No. 2013-19]
(1) 
Building; remodeling. If the request involves a change to the physical size or layout of the establishment, when the applicant's building or remodeling is completed, it must meet all state and local regulations, and must comply with the representations made to the City by the applicant. If such physical alteration is approved by the City Commission and it is subsequently determined that the project was not completed as required by the plans and specifications presented to the City, or in compliance with representations made to the City, the City may recommend that the license be revoked or not be renewed for the following year.
[Amended 10-7-2013 by Ord. No. 2013-19]
A. 
Permits. Requests for permits for dance, entertainment, or dance and entertainment shall be approved or disapproved in the sole discretion of the City Commission after an evaluation of the factors listed in § 430-5D. Permits shall not be issued without the execution of the City’s entertainment agreement.
B. 
Transfer of ownership. Requests for transfer of ownership of existing licensed establishments shall be approved or disapproved by the City Commission. The City Commission may hold a public hearing. If the continuation of an existing operation is contemplated, the applicant must present a plan relating to how it will deal with any existing problems created by the business.
A. 
The City Commission may undertake a review of any license or permit for the purpose of making a recommendation to the Michigan Liquor Control Commission regarding renewal of said license or permit. The Commission shall consider whether a licensed establishment has been operated in a manner consistent with the provisions of this article and all other applicable laws and regulations of the City of Royal Oak and the State of Michigan.
B. 
Each year, the City Manager shall cause an investigation to be made relative to each existing on-premises licensed establishment. The investigation shall include, but not be limited to, the following:
(1) 
An inspection of the premises to determine whether the licensee is in compliance with all applicable City and state codes. All inspection reports for the prior twelve-month period from the County Health Department shall be obtained for review by the City Commission.
(2) 
An inspection of the premises to determine whether the licensee is in compliance with the license itself, its approved site plan and plan of operation, as well as any conditions imposed by the City or the Michigan Liquor Control Commission or representations made by the licensee at the time of issuance or transfer of the license.
(3) 
An inspection to determine the general condition of the premises, both interior and exterior.
(4) 
An inspection of City records to determine whether all taxes and other monies due the City are timely paid.
(5) 
An inspection of police files or other sources of information to determine total calls for service and whether any activity in connection with the licensed premise is in violation of the law, disturbs the public peace and tranquility, constitutes a nuisance, or contributes to the disruption of the normal activities of those in the neighborhood of the licensed premises.
(6) 
A review to determine the existence of any of the criteria as described in § 430-10 of this article.
(7) 
A review of the operation of the licensed establishment to determine whether the business is being operated in compliance with any and all representations made by the licensee to the City or the City Commission.
C. 
Recommendations from City departments. Following receipt of a fully completed application, fees, and such other information as may be requested by the City, the City Clerk shall forward the application to the Police Department, Fire Department, Building Department, Treasurer's office, and such other departments as required by the City Manager, which departments shall make their inspections and recommendations prior to consideration by the City Commission. In conducting its review, the City may request other pertinent information from the licensee.
A. 
Each establishment within the City for which a liquor license or permit is granted 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, the Commission may, after notice and hearing, request the Liquor Control Commission to revoke such license and/or permit.
B. 
Before filing any objection to renewal or request for revocation of a license or permit with the Michigan Liquor Control Commission, the City shall serve the licensee with notice and proceed in accordance with Chapter 425, Article II, General Licensing, as amended.
C. 
Upon completion of the hearing, the City Commission shall submit to the licensee and the Michigan Liquor Control Commission a written statement of its findings and determination.
The City Commission may recommend nonrenewal or revocation of a license or permit to the Liquor Control Commission upon a determination based upon a preponderance of the evidence presented at the hearing that any of the following exists:
A. 
Failure to comply with all standards, plans or agreements entered into in consideration for the issuance, transfer or continuance of the license or permit, or failure to comply with all agreements or consent judgments entered into subsequent to the issuance of the license or permit.
B. 
Failure to comply with an approved plan of operation and other plans, specifications, or representations made or submitted to the City by the licensee.
C. 
Violations of the state liquor laws or regulations of the Liquor Control Commission.
D. 
Violations of state laws or local ordinances concerning health, safety, moral conduct or public welfare.
E. 
Maintenance of a nuisance upon or in connection with the licensed premises, including, but not limited to, any of the following:
(1) 
Violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes, to include the history thereof;
(2) 
A pattern of patron conduct in the neighborhood of the licensed premises which is a violation of the law and/or disturbs the peace, order and tranquility of the neighborhood;
(3) 
Failure to maintain the grounds and exterior of the licensed premises, including litter, debris or refuse blowing or being deposited upon adjoining properties;
(4) 
Entertainment on the premises or activity in connection with the licensed premises which by its nature causes, creates or contributes to disorder, disobedience to rules, ordinance or laws, or contributes to the disruption of normal activity of those in the neighborhood of the licensed premises.
F. 
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.
The total capacity of each room of a licensed establishment shall be determined as follows:
A. 
If tables or booths are provided, then there shall be not more than one customer for each 15 square feet of total area.
B. 
If tables or booths are not used, then there shall be not more than one customer for each six square feet of total area.
C. 
If there is a combination of tables or booths and an open area, then the provisions of both Subsections A and B above shall be used.
D. 
If seating is provided at a bar, then there shall be not more than one seat for each 20 inches of bar length.
The City Commission may, through resolution, request that the Michigan Liquor Control Commission terminate an on-premises license that has been placed in escrow for more than one year after its expiration.
Each applicant for a new license or permit, for transfer of an existing license or permit, for expansion of an existing establishment, and for renewal of an existing license or permit shall pay a nonrefundable application investigation fee. Such fee will be in addition to any fee required by the Liquor Control Commission and shall be set by a City Commission resolution that shall be renewed annually.
[Adopted 3-3-1986 by Ord. No. 86-4]
This article shall be known and may be cited as the "Open Party Ordinance."
The following definitions apply in this article:
ALCOHOLIC BEVERAGE
Any beverage containing more than 1/2 of 1% of alcohol by weight. The percentage of alcohol by weight shall be determined in accordance with the provisions of MCLA § 436.2, as the same may be amended from time to time.[1]
CONTROL
Any form of regulation or dominion, including possessory right.
DRUG
A controlled substance as defined now or hereafter by the Public Acts of the State of Michigan. Currently, such controlled substances are defined by Act No. 196 of the Public Acts of 1971, as amended, being MCLA § 335.301 to 335.367, as the same may be amended from time to time.[2]
MINOR
A person not legally permitted by reason of age to possess alcoholic beverages pursuant to MCLA § 436.33b, as the same may be amended from time to time.[3]
OPEN PARTY
A social gathering of persons at a rental facility or residence other than the owner and immediate family members.
RENTAL FACILITY
A hall, auditorium, social, fraternal or service club, and includes other similar type private clubs or organizations.
RESIDENCE
A home, apartment, condominium, or other dwelling unit and includes the curtilage of such dwelling unit. It also includes a hotel/motel room.
[1]
Editor's Note: MCLA § 436.2 was repealed by PA 1998, No. 58. See now MCLA § 436.1103 et seq.
[2]
Editor's Note: MCLA § 335.301 to 335.367 was repealed by PA 1978, No. 368. See now MCLA § 333.7101 et seq.
[3]
Editor's Note: MCLA § 436.33b was repealed by PA 1998, No. 58. See now MCLA § 436.1703.
It shall be unlawful for any person having control of any residence or rental facility to allow an open party to take place at said location if such person knows any alcoholic beverage or drug is illegally possessed or consumed at said location by any minor.
The provisions of this article shall not apply to legally protected religious observances or legally protected educational activities.
A person who violates this article shall be subject to a fine of not more than $500 or to imprisonment for not more than 90 days, or to both such fine and imprisonment, in the discretion of the court.