[HISTORY: Adopted by the Village Council of the Village of New Haven as indicated in article histories. Amendments noted where applicable.]
Article I Smoking Lounges
[Adopted 6-9-2015 by Ord. No. 331]
As used in this article, the following terms shall have the meanings indicated:
- A. The dedication of more than 50% of its interior floor space for the smoking of tobacco products or other legal substances at the establishment; or
- B. The receipt of more than 35% of its revenues from one or both of the following:
- (1) The smoking of tobacco products or other legal substances to be consumed at the establishment;
- (2) The renting or furnishing of smoking paraphernalia, including but not limited to rolling papers, pipes, hookahs or narghiles to be used at the establishment;
- (3) The dedication of more than 35% of its advertising expenditures to the advertising of smoking tobacco products or other legal substances at the establishment;
- (4) "Tobacco products," meaning cigars, cigarettes, or legal noncigarette smoking tobacco;
- (5) "Other legal substances," including clove cigarettes, kreteks, herbal cigarettes, and any other legal tobacco substance that can be consumed by smoking;
- (6) "Prohibited substances," any substance including synthetic compounds not authorized or approved for tobacco use, including, but not limited to, K-2, incense, and other synthetic nontobacco substances.
- SMOKING LOUNGE
- An establishment which, as one of its principal business purposes, is dedicated to the smoking of tobacco products or other legal substances on its premises. The term "smoking lounge" includes, but is not limited to: cigar lounges, hookah cafes, tobacco lounges, tobacco clubs or tobacco bars.
No person shall operate a smoking lounge in the Village of New Haven without first obtaining a smoking lounge license issued pursuant to the provisions of this article.
An applicant shall acquire a form prepared by the Building Department and available at the Village Clerk's office. The applicant shall submit the fully completed application to the Village Clerk. Upon receipt of the completed application, the Village Clerk will forward the application to the Building Inspector, the Planning Commission, the Village President and members of the Village Council. The application shall include the following information:
The full and complete name and current address of the applicant(s).
If the applicant is a partnership, the name and address of each partner shall be listed, and a copy of the partnership agreement shall be attached to the application.
If the applicant is a privately held corporation, the name and address of each corporate officer, member of board of directors, and stockholder shall be listed, with a copy of the Articles of Incorporation attached to the application.
If the applicant is a publicly held corporation, the name and address of each corporate officer, each member of the board of directors, and each stockholder who owns 10% or more of the corporate stock shall be listed on the application.
If the applicant is a limited liability company, the name and address of each member, manager and assignee of a membership interest shall be listed, and the articles of organization shall be attached to the application.
The complete name, address, and telephone number of the proposed licensed business.
Written statement as to the applicant's experience in operating similar businesses, with the names and addresses of those businesses.
A complete statement as to the individual applicant's past employment, including company name, address, and years of employment, and any prior felony convictions.
Any other information pertinent to the applicant and operation of the proposed licensed business.
The applicant shall attach to the completed application a floor plan, drawn to scale, showing the interior of the proposed business, and uses of the proposed spaces.
Smoking Lounge Licenses shall be subject to the provisions of this article.
The fee for a smoking lounge shall be as specified by the Village Clerk, subject to Council resolution.
During Village business hours, or at another mutually agreed time, the applicant shall allow the appointed representatives of the above-referenced Village departments onto the property and into the proposed premises to complete an investigation.
If all of the above-listed Village departments approve the application, and it conforms to the provisions of this article, the Village Clerk shall issue a smoking lounge license to the applicant upon payment of any fees.
A license may be denied as a result of one or more of the following reasons:
An individual applicant, who has previously received a smoking lounge license in any community, and has had the license revoked for cause or violation;
If the applicant is a copartnership, and any members of the copartnership fail to qualify to obtain a smoking lounge license;
If the applicant is a corporation and any officer, manager, director or stock owner(s) owning in the aggregate more than 10% of the stock of such corporation fail to qualify and would not be eligible to receive a license or related permit hereunder for any reason;
If the applicant proposes to hire a manager or agent to handle the business operations, and the proposed manager or agent does not possess the same qualifications as those required of the licensee;
If any of the individuals who are required to be identified on the application as set forth in § 434-3 above have been convicted or found responsible for a violation of any federal, state, or local law involving moral turpitude; dishonesty; juvenile offense; fraud; acts of violence; violation of controlled substances; the sale, distribution or furnishing of tobacco; or the sale, distribution, or furnishing of alcoholic liquors;
If an applicant does not own the premises for which a smoking lounge license is sought, or does not have a lease or other right of exclusive possession of the premises proposed for the business for the full period for which the license is issued;
Smoking lounge licenses shall not be issued if there are violations of the applicable building, electrical, mechanical, plumbing, or fire prevention codes, applicable zoning regulations, or applicable public health regulations, unless such violation can be remedied within a stated period of time as determined by the Building Department and Fire Department;
No license shall be issued to a business located within 500 feet from the nearest lot line, on a straight basis, of a school and its properties.
A smoking lounge license issued pursuant to the provision of this chapter shall be prominently displayed near the entrance of the licensed premises.
Licenses issued under this article shall not be transferable except as provided herein. There shall be no transfer of any State of Michigan exemption permit under the Ron Davis Act of 2009 (MCLA § 333.12601 et seq.) as amended. Existing exemption permits that have already been issued in the Village of New Haven can be transferred only upon approval of a lounge license application for the prospective transferee. This approval or denial shall be issued based on the same procedure and terms set forth in this article.
Each license issued under this article is separate and distinct; no person shall exercise any of the privileges granted under any license other than that which they hold. A separate license must be issued for each specific smoking lounge business within the Village of New Haven.
At least one registered manager who has been identified on the application for a smoker's lounge license shall be on the premises at all times that the business is open. It shall be unlawful for any person not identified on the business application to work as a manager of a smoking lounge business unless the proposed manager or operator has submitted a registration form with the individual's legal name, any aliases, home address, telephone numbers, date of birth, driver's license number, and prior convictions, and is determined to serve as a manager by the Village of New Haven, using the criteria set forth in this article. All managers must be over 21 years of age. The licensee shall be responsible for notifying the Village of any proposed change in management and insuring that the proposed new manager has obtained the required approval before working or serving as a manager of the licensed establishment.
It shall be unlawful for a smoking lounge business to be open for business or for the licensee, manager, or any employee of the licensee to allow patrons to enter into the licensed premises between 12:00 midnight of each day until 8:00 a.m. the next day. All individuals except employees of the smoking lounge business shall be required to leave or be removed from the building by 12:00 midnight. Only a maximum of two employees shall remain on the premises after 12:00 midnight, and each shall carry proof of current employment at the licensed establishment. The manager and/or employees shall provide proof of such employment when requested to do so by any representative of the Village or Police or Fire Departments.
No one shall be allowed on the premises of the smoking lounge business unless that individual is 18 years of age or older. The manager and/or employees shall review proper identification of each individual before entry into the premises, and shall ensure that every individual in the smoking lounge is over the age of 18 years old. The manager and/or employees shall ensure that exit or back doors to the smoking lounge are secured against unauthorized entry by any individual.
The manager and/or employees shall require patrons to leave the parking lot of the smoking lounge business by 12:15 a.m. The manager and/or employees shall insure that patrons of the smoking lounge business are not parking in adjacent or neighboring business parking lots, or in residential areas that are not part of the parking area provided to the licensed premises.
The following standards of conduct shall be adhered to by the managers and employees of any smoking lounge business in the Village of New Haven:
Alcohol and liquor. No manager, employee, volunteer, or representative of the licensee shall serve or engage in the sale of alcoholic beverages on the premises, including, but not limited to: any spirituous, vinous malt or fermented liquor beverages, liquid and compounds at any time.
Consumption of alcohol. It shall be unlawful to permit the consumption of alcoholic beverages of any kind in any smoking lounge business. The licensee's manager and/or employee shall immediately remove any person who carries in, opens, or consumes any alcoholic beverages on the premises.
Controlled substances. It shall be unlawful to permit the use, sale or presence of controlled substances as defined under MCLA § 333.7212 et seq. of the Public Health Code, as amended, or any rule promulgated under that Act or Code, on the premises. The manager and/or employee shall immediately remove any person possessing, distributing, selling, consuming, and/or using any controlled substances on the license premises, and contact local law enforcement agencies.
There shall be no live entertainment in a licensed smoking lounge business.
It is the duty of the licensee to ensure that at least one approved manager is on duty and on the premises at all times that persons are on the licensed premises, and that the manager is visible to any patron who is present on the premises.
It is the duty of the licensee and managers of the premises to ensure that any doors to public areas on the premises remain unlocked during occupancy.
The business licensee, the managers, and the employees shall comply with all federal, state and local laws including, but not limited to, building and fire codes.
The filing of an application for a smoker's lounge license shall constitute consent of the applicant and licensee and their agents, managers, and employees to permit the President's designee from the Police Department, Fire Department, Building Department, Planning Department, or any other department or agent of the Village to conduct routine inspections of any licensed smoker's lounge business during the hours the establishment is conducting business and during any time and employees or managers are on the premises. The Village President, the Building Department, and any appointed representatives, shall be allowed unannounced access to the smoking lounge premises to be inspected for violations of this article.
The Village President, or the appointed designee of the Village President, may immediately revoke or suspend a smoking lounge license upon the violation of any provisions of this article or for other good cause. Upon revocation or suspension of the designee's license, the smoking lounge shall be shut down and locked, suspending all operation. The licensee has 15 business days to file an appeal of the revocation and/or suspension. Such appeal with be heard by the Village President, the Building Department, the Police Department, and/or the Fire Department, and any other Village department named in the suspension within 10 days for final determination.
[Amended 1-13-2015 by Ord. No. 333]
Any person, firm, or corporation convicted of violation any provision of this article shall subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven, as well as loss of the license to operate the smoking lounge business.