[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.
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.
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:
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]
Any form of regulation or dominion, including possessory
right.
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]
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]
A social gathering of persons at a rental facility or residence
other than the owner and immediate family members.
A hall, auditorium, social, fraternal or service club, and
includes other similar type private clubs or organizations.
A home, apartment, condominium, or other dwelling unit and
includes the curtilage of such dwelling unit. It also includes a hotel/motel
room.
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.
