[Code 1975, § 3-1; Code 1992, § 3-1]
The meaning of the terms "alcoholic liquor," "license" and other
terms, as used in this chapter, shall be as defined in Public Act
No. 58 of 1998 (MCL 436.1101 et seq.).
[Code 1975, § 3-2; Code 1992, § 3-2; 6-10-2002 by Ord. No. 1199; 1-27-2003 by Ord. No. 1202]
(a)
No alcoholic liquor shall be consumed on the public streets or in
any other public places, including any store or establishment doing
business with the public and not licensed to sell alcoholic liquor
for consumption on the premises; nor shall anyone who owns, operates
or controls any such public establishment or store permit the consumption
of alcoholic liquor in such establishment or store.
(b)
No person shall possess or have under his or her control or custody
in any public place any alcoholic liquor in a container of any kind
which is open, uncapped or upon which the seal is broken, unless such
possession, control or custody has been lawfully authorized by lawful
authority or unless authorized elsewhere in this Code. The prohibitions
of this subsection shall not prohibit the possession or consumption
of beer or wine on property owned by the City under the following
conditions and circumstances:
(1)
A nonprofit corporation has obtained a permit for the use of the
property from the Special Events Committee by application therefor.
(2)
The property is fenced as designated or required in any permits issued
to use the property through the Special Events Committee.
(3)
The entity authorized to use the property by the Special Events Committee
permit is authorized by law to sell alcoholic liquor on the site.
(4)
The entity authorized by the Special Events Committee permit to use
the property is in compliance with all conditions required by the
Special Events Committee permit.
(5)
The property designated in the permit is not located in a park or
other City property within 200 feet of any children's play equipment,
such as but not limited to swings, teeter-totters, slides, or basketball
courts, or at any City beach or within 200 feet of any ball diamond
or ball field.
(c)
Establishments in the City licensed to sell alcoholic liquor for
consumption on the premises (Class C and taverns) may make application
to the City and the State Liquor Control Commission (MLCC) for a special
outdoor consumption license to operate a sidewalk cafe on public property
immediately contiguous to the licensed structure (premises). Establishments
in the City that serve only food or nonalcoholic beverages may make
application to the City for a special outdoor consumption license
to operate a sidewalk cafe on public property immediately contiguous
to the premises.
(1)
No outdoor service of food and/or beverage in the form of a sidewalk
cafe shall be established on public property, except in conformity
with an appropriate site plan and after obtaining a permit therefor
from the City.
[6-26-2017 by Ord. No.
17-005]
(2)
An application shall be obtained from and submitted to the Department
of Public Works for approval, along with a nonrefundable application
fee as set by resolution of the City Council from time to time. The
application, in general, will require the following:
[6-26-2017 by Ord. No.
17-005]
a.
The name and address of the individual or business.
b.
The name and address of the property owner if other than the applicant.
Written authorization from the owner of the property to submit the
application shall be required where the applicant is not the owner
of the affected property.
c.
Dates of occupancy.
d.
Hours of occupancy.
e.
If liquor will be served at the outdoor cafe.
f.
Capacity of the existing establishment.
g.
Area of consideration.
(3)
The site plan submitted on an 8 1/2-inch by eleven-inch sheet
and the accompanying application shall show the following:
a.
The applicant's entire property and adjacent properties on a
location map with streets for a distance of at least 25 feet, at a
scale of one inch equals 10 feet or other scale showing adequate detail.
b.
A detailed plan showing the design, relevant details and location
of all temporary structures such as awnings, chairs, electrical outlet
locations, landscaping, lighting, planters, railing, ropes, stanchions,
tables, and other equipment.
c.
All exterior lighting shall be shown on the site plan and shall be
of such type and location and shall have such shading as will prevent
the source of light from being seen from any adjacent residential
property or roadway.
(4)
Outdoor consumption of alcoholic liquor in sidewalk cafes would be
prohibited for all special events (administrative regulation 1-5)
unless approved by the Special Events Committee.
a.
There shall be a minimum of six feet (72 inches), exclusive of the
area occupied by the sidewalk cafe, designated to allow adequate pedestrian
movement. Cafes shall only be permitted where it is determined that
the use will not create a hazard, will not create a site obstruction
for motor vehicle operators or unduly impede pedestrian traffic.
b.
Sidewalk cafes may only be located adjacent to the establishment
with which they are associated. This requirement may, however, be
waived to allow extension of the sidewalk cafe to adjacent establishment
property if the extension is deemed appropriate. Sidewalk cafe areas
must remain clear of litter, food scraps, and soiled dishes at all
times.
c.
Outdoor dining areas serving alcoholic liquor shall be continuously
supervised by employees of the establishment. A one-foot-square sign
reading "no food or beverages allowed beyond railing" shall be posted
at a conspicuous location within the perimeter of outdoor cafes serving
alcoholic liquor.
d.
The perimeter of the sidewalk cafe shall be delineated by setting
up a barrier such as planters, a railing, or such other barrier as
approved in the license to physically separate patrons from pedestrian
traffic. All barriers used for outdoor cafes serving liquor shall
also conform to State Liquor Control Commission regulations.
e.
Furnishings of a sidewalk cafe shall consist solely of readily removable
awnings, covers, railings, tables, chairs, planters containing plants
and accessories. Furnishings may not be attached, even in a temporary
manner, to the sidewalk or other public property, except that covers
and railings may be secured by means of flush-mounted anchors in an
approved manner. No objects which are part of a sidewalk cafe, except
lighting fixtures, railing, awning or other nonpermanent covers, may
be attached, even in a temporary manner, to any building or structure
on which the sidewalk cafe abuts. When the associated establishment
and the sidewalk cafe are not open for daily use, all furnishings
and fixtures shall be removed from public property or stored inside
the establishment.
f.
No structure or enclosure to accommodate the storage of accumulated
garbage may be erected or placed adjacent to or separate from the
sidewalk cafe on public property.
g.
A sidewalk cafe shall not interfere with any public service facility,
such as a telephone, mailbox or bench, located on a sidewalk.
h.
Operation of a sidewalk cafe shall not adversely impact adjacent
or nearby commercial, educational, religious or residential properties
and shall be in accordance with all applicable codes and regulations.
i.
All electrical wiring and fixtures associated with or part of the
sidewalk cafe shall be installed and shall remain in conformance with
the appropriate codes of the City.
j.
Tables, chairs, umbrellas and any other objects provided with the
sidewalk cafe shall be of quality design, materials, and workmanship
both to ensure the safety and convenience of users and to enhance
the visual and aesthetic quality of the urban environment.
k.
The sidewalk cafe shall indemnify and hold harmless the City and
its affiliated agencies and employees from any liability arising from
the existence of the sidewalk cafe on the public right-of-way and
will provide insurance protecting the City and the public from such
claims as required by the license.
l.
The site plan must adhere to all applicable City codes and City ordinances
including historic district overlays.
[Code 1975, § 3-3; Code 1992, § 3-3]
No person holding a license pursuant to the Michigan Liquor
Control Code of 1998[1] shall permit the following on the licensed premises:
(1)
Spirits to be consumed, if licensed to sell only beer or wine or
both.
(2)
Any disorderly conduct or action which disturbs the peace and good
order of the neighborhood.
(3)
Any resorting of thieves, prostitutes or other disorderly persons.
(4)
Any gambling or the placing or using of any gambling apparatus or
paraphernalia therein.
(5)
Any lewd, obscene or illegal exhibition or entertainment or other
conduct likely to corrupt the public morals.
(6)
Any employee to visit, fraternize or drink alcoholic liquor with
any of the patrons.
(7)
The obstruction of the public view by the use of drawn shades, blinds
or screens, either permanent or movable.
(8)
The use of so-called dim lights. Such licensee shall make use of
bright lights at all times during the hours when lights may be necessary.
[1]
Editor's Note: See MCLA § 436.1101 et seq.
[Code 1975, § 3-4; Code 1992, § 3-4]
No person licensed pursuant to the Michigan Liquor Control Code
of 1998, either by himself, herself or another, shall sell, furnish,
give or deliver any alcoholic liquor to any person on any day during
the hours not permitted by state law or the State Liquor Control Commission.
[Code 1975, § 3-5; Code 1992, § 3-5]
No person, either directly or indirectly, by himself, herself
or his or her clerk, agent, servant or employee, shall at any time
sell, furnish, give or deliver any alcoholic liquor to any person,
unless such person shall have attained the age of 21 years. No person,
either directly or indirectly, by himself, herself or his or her clerk,
agent, servant or employee, shall at any time sell, furnish, give
or deliver any alcoholic liquor to any person who is so intoxicated
as not to be in control of all his or her faculties. However, nothing
contained in this section shall prohibit the sale of any alcoholic
liquor to a minor upon authority of and pursuant to a prescription
of a duly licensed physician.
[Code 1975, § 3-6; Code 1992, § 3-6]
A licensee shall not allow any person under the age of 18 years
to sell or serve alcoholic liquor on his or her licensed premises.
[Code 1975, § 3-7; Code 1992, § 3-7]
No person under the age of 17 years shall be permitted on the
premises of a liquor establishment licensed for on-premises consumption
unless accompanied by his or her parent or guardian.
[Code 1975, § 3-8; Code 1992, § 3-8; 5-28-1996 by Ord. No. 1099; 9-27-2004 by Ord. No. 1236]
Public Act 63 of the Public Acts of 2004 (MCL 436.1703) is hereby
adopted by reference, as if set out fully in this chapter.
[Code 1975, § 3-10; Code 1992, § 3-10]
No person holding a license pursuant to the Michigan Liquor
Control Code of 1998 (MCL 436.1101 et seq.) for on-premises consumption
shall engage in or permit on the licensed premises any of the following
conduct:
(1)
The performance of acts or simulated acts of sexual intercourse,
fellatio, cunnilingus, masturbation, sodomy, bestiality, flagellation
or any other act by a person involving the touching or contacting
of the genitals.
(2)
The erotic caressing or fondling of the breast, buttocks, pubic region
or genitals.
(3)
The actual or simulated displaying or exposure of the pubic hair,
pubic region, anus, vulva or genitals.
(4)
The exposure of the postpubertal female breast by any person. For
the purpose of this subsection, a female breast is considered exposed
if any portion of the breast, below a line immediately above the top
of the areola, is exposed.
[Code 1975, § 3-11; Code 1992, § 3-11]
Any person who has applied to the Liquor Control Commission
for a dance and entertainment permit within City limits shall obtain
from the City Clerk and answer a questionnaire form, which form shall
be approved by resolution of the City Council, prerequisite to the
City Council making a recommendation on the Liquor Control Commission
dance and/or entertainment permit. The purpose of the questionnaire
information furnished shall be to enable the City Council to have
the applicable information necessary to properly evaluate and make
a recommendation to the Liquor Control Commission. The completed questionnaire
shall be filed with the City Clerk before the City Council makes a
recommendation to the Liquor Control Commission. Prior to any recommendation
by the City Council to the Liquor Control Commission, the City Council
shall also afford to the person applying and completing and filing
the questionnaire the procedural safeguards of notice and hearing
before the City Council.
