[Adopted 11-13-1990 by Ord. No. 210]
No person, corporation, partnership or other
business entity shall allow, permit or provide entertainment on any
premises where liquor or alcoholic beverages are sold for consumption
thereon without having an entertainment permit from the Village of
New Haven.
As used in this article, the following terms
shall have the meanings indicated:
The Council of the Village of New Haven.
Any activities which require the issuance of an entertainment
permit or license by the State of Michigan Liquor Control Commission.
Any person, corporation, partnership or the like licensed
to sell liquor or alcoholic beverages on the premises in the Village
of New Haven who has been issued a current entertainment permit under
this article.
Any bar, tavern, restaurant or the like in the Village of
New Haven licensed by the Michigan Liquor Control Commission to sell
liquor or alcoholic beverages for the consumption thereon.
A.Â
Any person requesting an entertainment permit from
the Village of New Haven shall fill out an application as approved
by the Council or the Chief of Police and pay an application fee of
$100. Said application may require, among other things, the applicant's
name and address, the business name and address of the applicable
premises, the prior business background of the applicant, criminal
record (if any) and the type of entertainment to be provided upon
approval by the Council.
B.Â
Upon the recommendation of the Chief of Police, the
Council may grant said entertainment permit for a period not to exceed
one year. Said permit shall only be issued to the licensee of the
premises authorized by the Michigan Liquor Control Commission to sell
liquor or alcoholic beverages for consumption thereon. Thereafter,
said permit may be reissued for periods not to exceed one year by
the Council to the holder in the same manner as required for the original
permit. Upon approval by the Council, the entertainment permit shall
indicate on the face thereon the name of the holder, the address of
the premises, the date of issuance and expiration, the type of entertainment
to be conducted thereunder and any other factors deemed necessary.
Said permit shall be posted by the holder thereof in a conspicuous
place on the premises.
[1]
Editor's Note: A copy of the application for an entertainment permit is included at the end of this chapter.
Permits granted pursuant to this article may
be transferred, but only upon the approval of the Village Council.
A request for the transfer of an entertainment permit shall be processed
in the same manner as an original entertainment permit.
An entertainment permit may be revoked by the
Council if the holder thereof shall:
A.Â
Violate any ordinances of the Village of New Haven
or any federal or state law;
B.Â
Violate any rules or regulations of the Michigan Liquor
Control Commission;
C.Â
Allow, or permit entertainment or other activities
inconsistent or contrary to the existing permit;
D.Â
Assign, transfer or attempt to assign or transfer
said permit without the consent of the Council and as otherwise provided
herein;
E.Â
Fail to maintain licensing by the Michigan Liquor
Control Commission for the sale of liquor or alcoholic beverages for
consumption on the premises;
F.Â
Provide any false or misleading information to the
Village of New Haven in the procurement, transfer or reissuance of
an entertainment permit under this article;
G.Â
Conduct or allow any other activity, acts or omissions
by which the revocation of said permit is deemed necessary by the
Council to promote the general health, safety and welfare of the Village
of New Haven.
Upon a complaint by any person, the Village
Council may hold a hearing to revoke a permit granted under this article.
An entertainment permit shall not be revoked unless there is a hearing
by the Village Council. The permit holder shall be entitled to reasonable
notice of said hearing, the nature of the complaint and an opportunity
to be heard. The Council, by a majority vote of the members present,
may vote to revoke said permit.
[Amended 1-13-2015 by Ord. No. 333]
Any person who shall provide entertainment on any premises licensed to sell liquor or alcoholic beverages for consumption on the premises, without possessing an existing entertainment permit issued under the terms of this article, shall be punished under the municipal civil infraction provisions as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.
Any violation of this article shall be deemed
to be a public nuisance.