[HISTORY: Adopted by the City Commission
of the City of Kalamazoo 4-23-1984 by Ord. No. 1319. Amendments noted where
applicable.]
GENERAL REFERENCES
Illegal sales of alcoholic beverages — § 22-38.
Misrepresentation of age — § 22-42.
Open containers on City property and in Kalamazoo Mall — § 22-42.1.
Consumption of alcoholic beverages in public places — See § 22-57.
Driving while under the influence of alcohol or a controlled substance — See § 36-129.
Open liquor containers in vehicles on highways and streets — See § 36-130.
Operation of snowmobiles while under influence of liquor or drugs — See § 36-202.
STATUTORY REFERENCES
Michigan Liquor Control Code of 1998 — See
MCLA § 436.1101 et seq.
The provisions of this chapter shall apply to
all applications for approval or transfer of licenses to sell beer
and wine or spirits for on-premises consumption and all renewals thereof,
except for those licenses issued pursuant to the "special license"
provisions of the Michigan Liquor Control Act.[1]
[1]
Editor's Note: See the Michigan Liquor Control
Code of 1998, MCLA § 436.1101 et seq.
A.
Application, filing. Applications for approval of
a license to sell beer and wine or spirits for consumption on the
premises or any application for approval of a transfer of such a license
to a new licensee or a new location shall be made to the City Clerk
in writing, signed by the applicant, if an individual, or by a duly
authorized agent thereof, if a partnership or corporation, and shall
contain the following statements and information:
(1)
The name, age and address of the applicant in the
case of an individual; or, in the case of a copartnership, the persons
entitled to share in the profits thereof; in the case of a corporation,
the objects for which organized, the names and addresses of the officers
and directors, and, if an aggregate of more than 5% of the stock of
such corporation is owned by any one person or his nominee, the name
and address of such person or persons.
(2)
The nature of business of the applicant and, in the
case of a corporation, the object for which it was formed.
(3)
The length of time said applicant has been in business
of that nature, or, in the case of a corporation, the date when its
certificate of incorporation was issued.
(4)
The location and description of the premises which
is to be operated under such license.
(5)
If the business of the applicant is to be operated
or conducted by a local manager or agent, the name and address of
said manager or agent.
(6)
A statement as to whether the applicant has, prior
to this application, made application for a license to sell beer and
wine or spirits and the date, place and disposition of such application
or applications.
(7)
A statement that the applicant has never been convicted
of a felony and is not disqualified to receive approval for a license
by reason of any matter or thing contained in this chapter or the
laws of the State of Michigan.
(8)
A statement that the applicant will not violate any
of the ordinances of the City of Kalamazoo or laws of the State of
Michigan or of the United States in the conduct of its business.
(9)
A statement that, should any of the information provided
in his or her application or any attachment thereto change during
the term of this license or any renewal thereof, the applicant will
notify the City Clerk, in writing, within 30 days of such change.
(10)
Any application for approval of a new license or for
approval of the transfer of any currently valid or renewal license
to a new location shall be accompanied by an 8 1/2 inch by 11
inch building and grounds layout diagram showing the entire structure,
premises, and grounds 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.
B.
Application fee. The City Commission may establish
an application fee in such amount as they deem appropriate from time-to-time
to defray the reasonable costs of processing any application required
by this chapter.
C.
Grounds for denial. No such license shall be approved
for:
(1)
Any person, for any location which the City Commission
determines, by majority vote, is unsuitable for on premises consumption
of beer and wine or spirits, considering:
(a)
The proximity of other premises licensed to sell beer
and wine or spirits for on-premises consumption.
(b)
The lack of any other facilities or uses on the premises
to be licensed which are compatible with a license for on-premises
consumption of beer and wine or spirits (e.g., restaurant, hotel).
(c)
The distance from public or private schools for minors.
(d)
The proximity of an inconsistent zoning classification
or land use.
(e)
Traffic safety.
(f)
The accessibility to the site from abutting roads.
(g)
The capability of abutting roads to accommodate the
commercial activity.
(h)
Such other relevant factors as the City Commission
may deem appropriate.
(2)
Any person, for premises where it is determined by
a majority of the City Commission that the premises does not or will
not within six months of the approval of the license by the City Commission,
or prior to the commencement of business, whichever occurs first,
have adequate off-street parking, lighting, refuse disposal facilities,
screening, noise or nuisance control. Provided, however, that upon
timely request and for good cause shown, the City Commission may extend
any deadline established by this section.
(3)
Any person, for any premises which does not comply
with the applicable building, electrical, mechanical, plumbing, or
fire codes, applicable zoning regulations, or applicable public health
regulations; provided, however, the City Commission may approve an
application subject to compliance with the applicable codes and regulations
within 60 days.
(4)
A person who does not own the premises for which the
license approval is sought or does not have a lease therefor for the
full period for which the license is to be issued.
(5)
Any law enforcing public official or any member of
the City Commission, and no such official shall be interested in any
way, either directly or indirectly, in the manufacture, sale, or distribution
of alcoholic liquor.
(6)
Any person, corporation, or copartnership which, at
the time of application for such approval, transfer, or renewal, is
delinquent in the payment of any taxes, fees, or other charges owed
to or collected by the City of Kalamazoo.
(7)
A person whose license under this chapter has been
revoked for cause within the last two years.
(8)
A copartnership, unless all of the members of such
copartnership shall qualify for approval of a license.
(9)
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 approval for a license hereunder for any reason.
(10)
A person whose place of business is operated or conducted
by a manager or agent unless such manager or agent possesses the same
qualifications required of the licensee.
(11)
A person who has been convicted of a violation of
any federal or state law concerning the manufacture or sale of alcoholic
liquor.
(12)
Any person based upon such other relevant factors
as the City Commission may deem appropriate.
When any such license shall be available for
issuance to a new applicant, either by lapse of a current license
or by the authorization and allocation of additional licenses to the
City of Kalamazoo, and there exist more qualified applicants for said
license or licenses than the number of new licenses available for
issuance, the City Commission shall choose the most qualified applicant(s)
for approval based upon the following criteria:
A.
The location of the proposed new business and its
desirability in light of its location, the preferability of locations
in the central business district as opposed to outlying locations,
the surrounding land uses, and its proximity to other premises licensed
for on-premises consumption;
B.
The experience of the applicant;
C.
The other uses proposed to be included on the premises
or in the development (e.g., restaurant, motel);
D.
The cost and size of the overall project and number
of new jobs to be created by the new business;
E.
The relative suitability of the design and size of
the new business to the property on which it is proposed to be located,
as evidenced by any building and grounds layout diagram required to
be submitted with the application;
F.
The overall development or redevelopment of the City;
and
G.
Such other relevant factors as the City Commission
may deem appropriate.
Approval of a license shall be for a period of one year with renewal subject to the provisions of § 4A-5 below. Approval of a license shall be upon the condition that any necessary remodeling or new construction for the use of the license required by the City Commission or indicated on the building and grounds layout diagram submitted pursuant to § 4A-2A(10) above shall be completed within six months of the approval of the license by the City Commission, or prior to the commencement of business, whichever occurs first. Provided, however, that upon timely request for good cause shown, the City Commission may extend the remodeling or new construction deadline established by this section. Approval of a license shall also be upon the condition that any work on the premises necessary to comply with the applicable codes and regulations in § 4A-2C(3) above be completed within 60 days of City Commission approval of the license.
A.
Criteria for nonrenewal or revocation. The City Commission
may recommend nonrenewal or revocation of a license to the Liquor
Control Commission upon a determination by the City Commission that,
based upon evidence presented at a hearing, any of the following exist:
(2)
Maintenance of a nuisance upon the premises.
(3)
Failure to complete necessary remodeling and/or new construction as required by § 4A-4 above or to complete, within six months of the approval of the license by the City Commission (or any extension thereof), or prior to the commencement of business, whichever occurs first, any construction contemplated in the building and grounds layout diagram submitted pursuant to § 4A-2A(10) above.
(4)
Failure to complete any work on the premises necessary to comply with the applicable codes and regulations in § 4A-2C(3) above within 60 days of City Commission approval of the license.
(6)
Failure to comply with any of the requirements of
this chapter.
(7)
The violation of any law or ordinance in the conduct
of its business.
(8)
The failure to comply with promises or representations
made by the applicant to the City Commission or any conditions imposed
upon the applicant as a basis for the approval.
B.
Procedure. Before filing an objection to renewal or
request for revocation of a license with the Michigan Liquor Control
Commission, the City Commission shall serve the licenseholder, either
personally or by first-class mail, with a notice of hearing, which
notice shall contain the following:
C.
The City Commission may delegate to a hearing officer
the function of holding the hearing. The hearing officer shall thereafter
submit his or her findings and recommendation to the Commission. The
licensee may, at his or her expense, employ a reporter to transcribe
the testimony given at the hearing and make a transcript of said testimony.
Following the hearing, the City Commission shall submit to the licenseholder
and the Michigan Liquor Control Commission a written statement of
its findings and determination.
[Added 8-3-2020 by Ord.
No. 2011]
A.
Pursuant to the authority granted by Public Act 124 of 2020, the
City Commission may designate by resolution social districts and commons
areas, which shall be clearly marked with appropriate signage, within
a social district.
B.
The creation of a commons area shall include the adoption of a management
and maintenance plan, which may be amended as necessary, for the protection
of the health and safety of the community and includes, but is not
limited to, limitations on the hours of operation for a commons area.
C.
Except as provided by state law, the holder of a social district
permit issued by the Michigan Liquor Control Commission may sell alcoholic
liquor for consumption within the confines of a commons area if both
of the following requirements are met:
(1)
The holder of the social district permit only sells and serves alcoholic
liquor on the holder's licensed premises;
(2)
The holder of the social district permit only serves alcoholic liquor
to be consumed in the commons area in a container to which all of
the following apply:
(a)
The container prominently displays the social district permittee's
trade name or logo or some other mark that is unique to the social
district permittee's on-premises license;
(b)
The container prominently displays a logo or some other mark
that is unique to the commons area;
(c)
The container is not glass; and
(d)
The container has a liquid capacity that does not exceed 16
ounces.
D.
A purchaser may remove a container of alcoholic liquor sold by a
holder of a social district permit from the social district permittee's
licensed premises if all of the following conditions are met:
(1)
The purchaser does not remove the container from the commons area;
(2)
The purchaser does not possess the container in a motor vehicle;
and
(3)
While possessing the container, the purchaser does not enter the
licensed premises of a social district permittee other than the social
district permittee from which the purchaser purchased the container.
E.
The consumption of alcoholic liquor from a container in a commons
area as allowed under this section may only occur during the hours
established by the management and maintenance plan for the commons
area.
G.
A purchaser of alcoholic liquor violating the restrictions set forth
in this section is guilty of misdemeanor punishable by a fine of up
to $500 and associated court costs.
H.
As used in this section:
(1)
"Commons area" means an area within a social district clearly designated
and clearly marked in accordance with a resolution adopted by the
City Commission and which is shared by and contiguous to the premises
of at least two qualified licensees.
(2)
"Qualified licensee" means a retailer that holds a license, other
than a special license, to sell alcoholic liquor for consumption on
the licensed premises; and a manufacturer with either: a) an on-premises
tasting room permit, b) an off-premises tasting room license, or c)
a joint off-premises tasting room license.
I.
The City Commission reserves the ability to revoke the social district
designation if it determines that the activities within or existence
of the commons area threatens the health, safety, or welfare of the
public or has become a public nuisance. Before revoking the designation,
the City Commission will hold at least one public hearing, the time
and place thereof which shall be noticed as required by the Open Meetings
Act, MCLA § 15.261 et seq., on the proposed revocation.
J.
The City Clerk is authorized and directed to file this section and
any resolutions setting forth the designation of the social district
and commons areas along with the management and maintenance plans
adopted pursuant to ordinance with the Michigan Liquor Control Commission.
K.
This section sunsets and shall be of no further legal effect after
December 31, 2024.
