[Code 1979, § 7.241]
Applicants for a liquor license are asking the people, through their duly constituted representatives, for a permit to conduct an alcoholic beverage establishment. No applicant, existing licensee, person or firm has any right to a license. As no one has a right to a license, any consideration given to applicants must be secondary to the requirements of the community at large. Alcoholic beverage licenses will be approved to foster economic growth of the City at-large and to provide a service to the community.
It should be generally interpreted that any applicant for a class C liquor license shall be seeking this license to be used in conjunction with some primary business activity other than the serving of beer, wine or spirits. Some examples of this would include restaurants, hotels, motels, bowling alleys, etc. It shall, however, be the responsibility of the City Council to evaluate each application on the individual basis and to determine that each license is in the best interests of the City.
Approval of alcoholic beverage licenses for consumption on the premises will be contingent upon the ability of the establishment to be erected and operated within the current standards of existing municipal ordinances and limitations of state laws and upon the business and moral character of the prospective licensee or principals thereof.
This chapter shall apply to all applicants seeking any new, or a reclassification of an existing license, and those terms shall be used in this chapter interchangeably as having the same meaning, interpretation and application.
[Code 1979, § 9.131]
The meaning of "alcoholic liquor" and "license" when used in this chapter shall be as defined in Act No. 8 of the Public Acts of Michigan of 1933 (Extra Session) (MCL 436.1 et seq., MSA 18.971 et seq.), as amended.
[Code 1979, § 7.249]
It is recognized that the locations and establishments of tavern licensees lawfully existing in the City at the time of the adoption of the ordinance from which this chapter is derived may not conform to all of its present or future standards. It is not the general intention of this chapter to now require conformance and the City Council may waive such requirements as would be impossible, impractical or which would cause undue hardship.
[Code 1979, § 7.250]
This chapter shall not operate to limit any power or authority vested in the City or the City Council by virtue of any existing constitutional or statutory provision, and shall be considered to be only supplementary to the exercise or use of such vested authority and not in derogation of such authority.
[Code 1979, § 7.251]
Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable as provided in § 1-14.
[Code 1979, § 7.242]
Each applicant seeking any new, or a reclassification of an existing liquor license, must make an application to the City on forms that will be provided by the City Clerk. Such an application pertains to City approval only, and is in addition to the separate application required by the state liquor control commission.
Upon receipt of an application for a license, it shall be placed on file in the office of the City Manager. The applicant shall submit to the office of the City Manager the following:
A minimum of three character references.
A written statement showing history of business activity, if any.
Drawings and written description showing where and how the proposed establishment will operate.
Evidence that the establishment will conform to the current standards of existing building ordinances, and other municipal laws and regulations, and that all new applicants conform to the current zoning ordinances.
Evidence to show the applicant has the financial ability to complete his project according to his plans and within a reasonable period of time.
Any other information that may be requested by the City Manager that is pertinent to the proper consideration of the application.
If the above information is not received within 60 days from the date of application, the application will automatically be returned to the applicant without further consideration. Receipt of the above information, however, is not a guarantee of acceptance.
When all of the above information has been submitted by the applicant, the City Manager shall cause a thorough investigation to be made of the persons and premises. The findings and recommendations resulting from such investigations shall be reported by the City Manager to the City Council within 60 days of receipt of the application and all required information.
[Code 1979, § 7.243]
If the City Council is satisfied that the establishment for which a new license is requested will constitute an asset to the City and is in the best interest of the City, it may adopt a resolution granting tentative approval, subject to satisfaction of conditions stated in the resolution.
Tentative approval is not transferable. Tentative approval is valid for nine months from the date of issuance, after which time its continuance is subject to review by the City Council. The City Council may, by resolution, require an applicant having been granted tentative approval to furnish evidence six months from the date of issuance of the tentative approval, that he made reasonable progress toward complying with the conditions upon which tentative approval was granted. If the applicant shall fail to present evidence of reasonable progress, the City Council may withdraw the tentative approval.
"Tentative approval" does not result in the issuance of a license, but does assure the applicant that the City Council will approve his license when his building, remodeling or other facilities have been completed as represented in his presentation to the City, and he has complied with all terms of the tentative approval resolution.
A copy of the resolution granting tentative approval will be sent to the state liquor control commission, enabling the commission to complete its investigation. The phrase "subject to final approval" shall be included in the tentative approval resolution.
[Code 1979, § 7.244]
When the applicant's building or remodeling is completed and it is determined that the applicant has met all state regulations, current standards of existing City building and zoning codes, sanitary and fire regulations, representations made to the City by the applicant and all terms of the tentative approval resolution the City Council will adopt a resolution recommending to the state liquor control commission that a license be issued. A copy of the resolution granting the City's final approval will be sent to the liquor control commission for final action.
[Code 1979, § 7.245]
The City Manager shall cause an annual review of each liquor license. All applicants and licensees should be aware that, once a license is received, compliance with all state and City regulations is necessary and that failure of such compliance can result in the City Council requesting the state liquor control commission not to renew the license.
At least 60 days before a license is due for renewal, a licensee may request, in writing, that the City Manager make known his intent to recommend to the City Council whether the City should or should not file an objection with the liquor control commission and, if an objection is to be recommended to the City Council, what corrective action the licensee must take to be subject for approval. The City Manager shall have 30 days to acknowledge such request. In no way will recommended action by the City Manager be considered as approval by the City Council.
The City Council shall have the right at any time by resolution to suspend the sale, furnishing or delivery of alcoholic beverages for consumption on the premises throughout the entire City or any part thereof, whenever the Council deems such action necessary by reason of any public emergency. Violation of either of this chapter, the rules and regulations of the state liquor control commission, or of any law or ordinance relative to the use of the premises or the conduct of any licensee, may be used as basis to revoke or suspend either the approval granted under this chapter or for a request by the City Council to the state liquor control commission for revocation or suspension of such licenses. The City Council shall, in matters involving revocation or suspension by resolution, direct that a hearing be had before the City Council upon not less than five days' written notice to the approved licensee involved. Service of such notice may be made personally upon the licensee, or by posting a copy of the resolution at the premises where the licensee's sales of alcoholic beverages are conducted or at his usual place of abode. A majority vote of the members of the City Council shall be required for the revocation or suspension of any license.
[Code 1979, § 7.246]
The transfer of a liquor license, or any interest therein, from a licensee to another party shall be handled and considered in the same manner as all original license applications.
No licensee shall transfer location of his license, nor make any alterations in the physical structure of his licensed premises, nor install any additional bars, without the consent of the City Council being first duly obtained.
[Code 1979, § 7.247]
All open windows, doors and other openings to the outside shall be screened and protected against insects.
All licensed establishments dispensing alcoholic beverages shall provide properly designated flush toilets for each sex. Such toilets shall be so constructed as to ensure complete privacy as to segregation of sexes.
Toilets shall be easily accessible to any room where drinks are served with no entrance through a kitchen or other room where food is prepared.
All licensed establishments dispensing alcoholic beverages for consumption on the premises shall have at least two exits. Exit doors shall open outward. During business hours no exit door shall be locked, bolted or otherwise fastened so that the door cannot be opened from the inside by the use of an ordinary door latch or knob or by pressure on the door on or a panic release device. Every exit doorway from an area with an occupant load of more than 100 persons shall be marked with an exit sign. Exit sign letters shall be at least six inches in height. Exits shall be illuminated at all times with light having an intensity of not less than one footcandle at floor level.
The number of persons permitted in any building or portion thereof used for dispensing alcoholic beverages shall not exceed that number which will allow a minimum of 15 square feet per occupant.
Aisles leading directly to exit doorways shall not be obstructed by tables or chairs or other objects. Ready access to each exit doorway by aisles shall be provided.
Exteriors of buildings and grounds shall be kept in a good state of repair and cleanliness.
It shall be required of all applicants for new licenses that they provide paved, off-street parking that is adjacent and contiguous to the license establishment. The number of spaces shall be as provided for in the City zoning chapter of this Code.
The parking area shall have adequate lighting, with no less than one lumen per square foot in the least illuminated portions of the parking area, drives and walkways. The lighting system shall be constructed so as not to unduly interfere with the uses of the adjacent properties.
Conduct. No licensee, agent, servant or employee of a licensee shall:
Refuse, fail or neglect to cooperate with any law enforcement officer in the performance of such officer's duties.
Serve to or permit any patron to consume an alcoholic beverage unless such patron is either seated or standing at a bar or seated at a table or counter.
Have or maintain any rooms in connection with the licensed premises, except rooms used for toilets and kitchens; provided, however, that this sentence shall not apply to premises operated as a hotel or motel. No licensee shall have or permit any inside connection, entrance, doorway or aperture between licensed premises and the premises of another person.
Seating capacity. All licensees selling alcoholic beverages for consumption on premises shall have a dining table or seating capacity for not less than 50 persons, and if additional counter space is provided for the dispensing and sale of alcoholic beverages, the counter space shall occupy not more than 35% of the seating capacity. No licensee or applicant for a license shall be considered to have the dining table capacity or seating capacity as defined above unless the square footage of the area shall provide for not less than 15 square feet of space per person seated.
Posting of list or menu. Every licensee shall have posted in a conspicuous place on the licensed premises a plainly visible printed list or menu showing the various types and prices of alcoholic drinks which he offers for sale.
[Code 1979, § 7.248]
The City is authorized to issue a total of two class C liquor licenses.
[Code 1979, § 9.132]
No person, either directly or indirectly, by himself, 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; nor shall any person, either directly or indirectly by himself, clerk, agent, servant or employee, 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 faculties. Nothing contained in this section shall prohibit the sale of alcoholic liquor to a minor upon authority of and pursuant to a prescription of a duly licensed physician.
[Code 1979, § 9.133; amended 9-16-1996 by Ord. No. 96-09]
A person less than 21 years of age shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor, except as provided in this section or otherwise permitted in this chapter. A person less than 21 years of age who violates this section is guilty of a misdemeanor punishable by the following civil fines and sanctions:
For the first violation, a fine of not more than $100, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense.
For a second violation, a fine of not more than $200, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in § 6107 of the Public Health Code, Act No. 368 of the Public Acts of 1978 (MCL 333.6107), and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense. The person is also subject to sanctions against his or her operator's or chauffeur's license imposed by state law.
For a third or subsequent violation, a fine of not more than $500, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in § 6107 of Act No. 368 of the Public Acts of 1978, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense. The person is also subject to sanctions against his or her operator's or chauffeur's license imposed by state law.
A peace officer who has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor may require the person to submit to a preliminary chemical breath analysis. A legal presumption shall be made by the court that the person less than 21 years of age has consumed or possessed alcoholic liquor if a preliminary chemical breath analysis or other acceptable blood alcohol test indicates the person's blood contained 0.02% or more by weight of alcohol. A person less than 21 years of age who refuses to submit to a preliminary chemical breath analysis as required in this subsection is responsible for a civil fine.
[Code 1979, § 9.134]
No person under the age of 21 years shall purchase or knowingly possess, transport or have under his control in any motor vehicle any alcoholic liquor unless the person is employed by a licensee of the state liquor control commission and is possessing, transporting or having the alcoholic liquor in a motor vehicle under his control during regular working hours and in the course of his employment. This section shall not apply to alcoholic liquor possessed by a minor under authority of and pursuant to a prescription of a duly licensed physician.
[Code 1979, § 9.135]
Any person who shall consume alcoholic liquor, or offer alcoholic liquor to another person, on any street, sidewalk, alley, public building, public park, public beach, schoolgrounds, church property or in any automobile while parked or being driven on any street in the City shall be deemed guilty of a violation of this Code and punished as provided in § 1-14.
[Code 1979, § 9.136]
Any person who shall be found in any motor vehicle, or upon any public street, park or other public place, having in his possession an open receptacle or container containing any alcoholic beverage shall be deemed guilty of a violation of this Code and punished as provided in § 1-14.
[Code 1979, § 9.138]
No person under the age of 21 years shall be or remain after 9:00 p.m. in a place where alcoholic liquor is sold by the glass unless with a parent or guardian.