[HISTORY: Adopted by the Village Council of the Village of
New Haven as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-9-2015 by Ord. No. 331]
As used in this article, the following terms shall have the
meanings indicated:
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
The receipt of more than 35% of its revenues from one or both
of the following:
The smoking of tobacco products or other legal substances to
be consumed at the establishment;
The renting or furnishing of smoking paraphernalia, including
but not limited to rolling papers, pipes, hookahs or narghiles to
be used at the establishment;
The dedication of more than 35% of its advertising expenditures
to the advertising of smoking tobacco products or other legal substances
at the establishment;
"Tobacco products," meaning cigars, cigarettes, or legal noncigarette
smoking tobacco;
"Other legal substances," including clove cigarettes, kreteks,
herbal cigarettes, and any other legal tobacco substance that can
be consumed by smoking;
"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.
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.
A.
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:
(1)
The full and complete name and current address of the applicant(s).
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
The complete name, address, and telephone number of the proposed
licensed business.
(7)
Written statement as to the applicant's experience in operating
similar businesses, with the names and addresses of those businesses.
(8)
A complete statement as to the individual applicant's past employment,
including company name, address, and years of employment, and any
prior felony convictions.
(9)
Any other information pertinent to the applicant and operation of
the proposed licensed business.
(10)
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.
B.
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.
C.
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:
A.
An individual applicant, who has previously received a smoking lounge
license in any community, and has had the license revoked for cause
or violation;
B.
If the applicant is a copartnership, and any members of the copartnership
fail to qualify to obtain a smoking lounge license;
C.
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;
D.
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;
E.
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;
F.
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;
G.
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;
H.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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.
D.
There shall be no live entertainment in a licensed smoking lounge
business.
E.
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.
F.
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.
