[HISTORY: Adopted by the Township Board of the Charter Township of Oakland 7-14-2015 by Ord. No. 105. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 299.
This chapter shall be known and cited as the Charter Township of Oakland "Alcohol Beverages Ordinance," and it shall be deemed sufficient in any action for enforcement of the provisions hereof to define the same by such short title and by reference to the number hereof.
The purpose of this chapter shall be:
To secure economic development and protect the general welfare and safety of the citizens and other persons within the Charter Township of Oakland.
To establish procedures and standards for review of applications, renewals, transfers, and revocations/renewals of licenses to sell beer, wine, and/or spirits.
To establish procedures and standards for issuance or retention of available, but unissued, quota licenses.
Application. An application for a new license to sell beer, wine, and/or spirits within the Township shall be sent to the Township Superintendent. The application shall include a fee of $1,000 plus the estimated cost of the notice mailing; and the following information:
The name, address and telephone number of the applicant, or the names, addresses and telephone numbers of the officers and directors of the corporation, if applicable.
The length of time said applicant has been in a business of that character; or, in the case of a corporation, the date when its charter was issued.
The location and description of the premises or place of business which is to be operated under such license.
A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter or the laws of the State of Michigan.
A statement that the applicant will not violate any of the laws of the State of Michigan or of the United States or any ordinances of the Township in the conduct of its business.
The sources of all funds which will be relied upon in the establishment and operation of the entity sought to be licensed.
Whether a new building is proposed or an existing structure will be utilized.
A general operational statement outlining the proposed manner in which the establishment will be operated, including a schedule of the hours of operation, food service, crowd control, use of facilities, parking facilities, and estimated cost of development.
A statement demonstrating that the location proposed and the methods of operation will not detrimentally and unreasonably impact nearby property owners, businesses and residents and an outline of the economic impact the requested license will have on the surrounding area.
Any other information deemed relevant to the applicant or the Township.
After receiving the application, the Township Superintendent shall refer a copy of the application to any applicable Township department (i.e., Building Department, Fire Department, Police Department) for an investigation relating to its areas of responsibility. Each department shall issue a report to the Township Superintendent with its findings and a recommendation regarding the application.
After receiving the reports from any applicable Township department, the Township Superintendent shall submit the application and any investigatory reports to the Township Board for review.
The Township Board shall grant a public hearing on the license application to consider whether approving the license is in the best interests of the Township.
At least seven days before the public hearing, the Township shall send notice of the public hearing, at the expense of the applicant, to all property owners located within 300 feet of the applicant's proposed permit address.
Following the hearing, the Board will determine whether to approve or disapprove the issuance of a new liquor license, and issue written notice of its decision to the applicant. The Board may consider the following factors in making its determination:
The economic impact the issuance of the license could have on the Township.
Whether the property values or character of the adjoining neighborhood will be adversely affected.
Consistency with the Building Code, Zoning Ordinance, Zoning Map, Land Use Plan, Master Plan and the anticipated impact on nearby businesses and residences.
Whether or not the location of the proposed licensed premises is, when considering the location of licensed locations already in existence, in the best interest of the Township.
Whether it is in the best interest of the Township to approve of the issuance of another liquor license at the time an application is before it for consideration.
The application shall be accompanied by building and plot plans showing the entire structure and premises, and, in particular, the specific areas where the license is to be utilized. The plans shall demonstrate adequate off-street parking, lighting, refuse disposal facilities and, where appropriate, adequate plans for screening and noise control.
Whether an applicant's business, whether existing or proposed, will generate at least 50% of its gross revenues from the sale of food for on-site consumption and whether the applicant's premises are or will be, prior to commencing liquor sales, equipped to serve the required volume of food sales.
Proximity to residences, schools and churches, with consideration of any adverse effect the proposed establishment may have on such land uses.
Whether traffic and parking requirements generated by the proposed licensed premises will cause unnecessary congestion or inconvenience on the public highways.
The applicant's experience, if any, in conducting a business holding a license from the State Liquor Control Commission.
Crowd control, and pedestrian and vehicle movement.
Public safety and policing requirements.
If the Township Board votes to approve the application for a new liquor license, the Board may condition the approval on the satisfaction of any of the conditions stated below. Any conditions set by the Board must be set forth in the Board's resolution. Approval of the license can be granted with the following conditions:
In the Township's discretion, the applicant agrees not to change the classification of its license (i.e., changing from a tavern license to a Class C liquor license).
In the Township's discretion, a contract setting forth restrictions acceptable to the Township and agreed to by the applicant. Said contract may provide regulations as to the use of the license in conjunction with entertainment, prohibit or restrict the transfer of the license for a period of time, and any other provision allowed by law and agreed to by the Township and the applicant.
Issuance of licenses shall be contingent upon the application for, and receipt of, site plan approval, building permits, zoning changes and other necessary approvals required by the Township within six months after the issuance.
Construction shall be pursued within six months after the issuance of a license, at which time the progress of the applicant in meeting all of the above-stated conditions shall be reported by the Township Superintendent, and his subordinates, to the Township Board.
No floor plans, building elevation, site plan, seating arrangement, kitchen layout or other pertinent facts, drawings or documents considered by the Township in granting its approval may be changed, unless the change reasonably improves the design or service function of the facility, and the applicant receives approval for the change from the Township Board. There shall be no fee charged under this chapter for Township review of such an approval request.
When any building or remodeling is complete, it must meet all state and local laws, ordinances and regulations, and must comply with any representations made to the Township Board by the applicant.
Failure of any applicant to meet any of the conditions set forth in the Board's resolution for approval of the liquor license shall be reason for the Township Board to deny the annual renewal of any of the licenses issued.
Procedure. Prior to filing an objection to a renewal of a license or the transfer of a license, the Township Board shall give the licensee notice of a public hearing, not less than 10 days prior to the hearing. The notice shall include the reasons for the hearing, notice of the proposed action, and a statement that the licensee may present evidence and testimony on its behalf.
Determination. If the Township Board decides to recommend nonrenewal or object to the transfer of a license to the Michigan Liquor Control Commission ("MLCC"), it shall pass a resolution to that effect, stating the specific reasons for that determination. The resolution shall be forwarded to the MLCC in a timely fashion.
The Township Board may, at any time, request that the MLCC revoke an on-premises liquor license, for any of the following reasons:
Violations of the state liquor laws.
Violation of state law or local ordinances.
Refusal to respond to written warnings that revocation proceedings may be commenced unless the licensee or his representative appear before the Township Board and show cause why revocation should not be initiated.
Maintenance of a nuisance upon, or in connection with, the licensed premises, including, but not limited to, any of the following:
Existing violations of Building, Electrical, Mechanical, Plumbing, Zoning, Health, Fire or other applicable Regulatory Codes;
A pattern of patron conduct in the neighborhood of the licensed premises which is in violation of the law and/or disturbs the peace, order and tranquility of the neighborhood;
Excessive police contacts with licensed premises, or its patrons off the premises, and determined to be the fault of the licensee; and
Repeated reports that the licensee is serving minors or intoxicated persons.
[Added 3-27-2018 by Ord. No. 107]
Purpose and intent. This is a section to adopt § 703 of Public Act 58 of 1998, MCLA § 436.1703, as amended at this time or as may be amended in the future, by reference, for the purpose of regulating purchase, consumption, or possession of alcoholic liquor by minor; attempt; violation; fines; sanctions; furnishing fraudulent identification to minor; use of fraudulent identification by minor; prior violation; screening and assessment; chemical breath analysis; notice to parent, custodian, or guardian; exceptions; definitions.
Adoption by reference. Section 703 of Public Act 58 of 1998, MCLA § 436.1703, as amended at this time or as may be amended in the future, is hereby adopted by reference.
Definition of "minor." As defined in § 109 of Public Act 58 of 1998, MCLA § 436.1109, as amended, "minor" means an individual less than 21 years of age.
Limitations. Violations of § 703 of Public Act 58 of 1998, MCLA § 436.1703, as amended at this time or as may be amended in the future, for which the maximum period of imprisonment is greater than 93 days shall not be enforced by the Township of Oakland as an ordinance violation.
Penalties. The penalties provided in § 703 of Public Act 58 of 1998, MCLA § 436.1703, as amended at this time or as may be amended in the future, are adopted by reference, subject to the limitations stated in Subsection D above.
Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this section full force and effect.