[Code 1979, § 7.241]
(a)
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.
(b)
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.
(c)
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.
(d)
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]
(a)
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.
(b)
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:
(1)
A minimum of three character references.
(2)
A written statement showing history of business activity, if any.
(3)
Drawings and written description showing where and how the proposed
establishment will operate.
(4)
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.
(5)
Evidence to show the applicant has the financial ability to complete
his project according to his plans and within a reasonable period
of time.
(6)
Any other information that may be requested by the City Manager that
is pertinent to the proper consideration of the application.
(c)
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.
(d)
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]
(a)
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.
(b)
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.
(c)
"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.
(d)
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]
(a)
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.
(b)
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.
(c)
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]
(a)
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.
(b)
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]
(a)
Sanitation.
(1)
All open windows, doors and other openings to the outside shall be
screened and protected against insects.
(2)
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.
(3)
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.
(b)
Safety.
(1)
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.
(2)
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.
(3)
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.
(4)
Exteriors of buildings and grounds shall be kept in a good state
of repair and cleanliness.
(c)
Parking area.
(1)
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.
(2)
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.
(d)
Conduct. No licensee, agent, servant or employee of a licensee shall:
(1)
Refuse, fail or neglect to cooperate with any law enforcement officer
in the performance of such officer's duties.
(2)
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.
(3)
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.
(e)
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.
(f)
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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; amended 4-3-2017 by Ord. No. 17-01]
Except as otherwise provided in § 6-19, 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; amended 4-3-2017 by Ord. No. 17-01]
Except as otherwise provided in § 6-19, 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.
