Municipal Code
CHAPTER 870 Liquor Control
870.01 Purpose.
870.02 Liquor Control Committee established.
870.03 Liquor license required.
870.04 Entertainment-dance permits required.
870.05 Application for new license or transfer of
license.
870.06 Application for dance and/or entertainment
permits.
870.07 Fees.
870.08 Processing of applications.
870.09 Reservation of authority by Council.
870.10 Changes in application facts.
870.11 Changes in ownership.
870.12 Annual inspection.
870.13 Revocation or nonrenewal.
870.14 Nude activity.
870.15 Visual or video representations of specified
sexual activities or specified anatomical areas.
CROSS REFERENCES
Intoxicating liquors generally see M.C.L.A. 436.1 et
seq.
Sales on Sundays and municipal election days see
M.C.L.A. 436.19e
Sale of alcoholic beverages for consumption on premises
prohibited see
CHTR. Ch. XVI, §13
Drugs see GEN. OFF. Ch. 624
870.01 PURPOSE.
(a) New License Application Review. The Village Council,
having found that the best interests of the Village
residents are served if the number, location, character
and physical facilities of establishments selling or
serving alcoholic beverages for consumption on the
premises are controlled and regulated, establishes a
procedure for review of applications for new licenses
and the transfer of existing licenses to sell or serve
alcoholic beverages for consumption on the premises.
(b) Dance and/or Entertainment Permit Requests. The
Village Council hereby establishes a procedure for the
review of applications for new dance, entertainment or
dance-entertainment permits, having further found that:
(1) The best interests of the Village residents are
served if the number, location, character and physical
facilities of licensed establishments holding dance,
entertainment or dance-entertainment permits are
controlled and regulated; and
(2) Such interests are harmed if the licensed premises
are the site of disorderly conduct, are a public
nuisance, or are in violation of the Village's health
and safety ordinances, Building and Housing Codes, or
the rules and regulations of the County Health
Department.
(c) Renewal Objections, Revocation Requests. The Village
Council, having further found that the best interests of
the Village residents are harmed if establishments
dispensing alcoholic beverages for consumption on the
premises and/or if such establishments holding dance,
entertainment or dance-entertainment permits are in
violation of the Village's health or safety ordinances,
are the site of disorderly conduct, or are a public
nuisance, hereby establishes a procedure and criteria
for objections to renewal of such licenses and requests
for revocation of such licenses and permits thereof,
based on such conditions and a procedure for notice and
opportunity for hearing for the license and/or permit
holder prior to any such objection or request being
filed with the State Liquor Control Commission.
(Ord. 2002 02. Passed 5 13 02.)
870.02 LIQUOR CONTROL COMMITTEE ESTABLISHED.
A Liquor Control Committee comprised of three Village
Council members shall be appointed by the Village
Council as an advisory committee.
(Ord. 2002 02. Passed 5 13 02.)
870.03 LIQUOR LICENSE REQUIRED.
No person shall operate an establishment that allows
alcoholic beverages to be sold, served or consumed on
the premises unless the person has been approved by the
Village for an on-premises liquor license in accordance
with this chapter and has been granted a liquor license
by the State Liquor Control Commission.
(Ord. 2002 02. Passed 5 13 02.)
870.04 ENTERTAINMENT-DANCE PERMITS REQUIRED.
(a) Entertainment or Dance-Entertainment. An on-premises
liquor licensee shall not allow dancing by employees,
contract entertainers or patrons; monologues; dialogues;
motion pictures; still slides; closed-circuit
television; contests; or other performances for public
viewing on the licensed premises, unless the on-premises
licensee has been approved for an entertainment or
dance-entertainment permit by the Village as set forth
in this chapter and granted an entertainment or
dance-entertainment permit by the State Liquor Control
Commission.
(b) Dance or Dance-Entertainment. An on-premises
licensee shall not allow dancing by employees, contract
entertainers or patrons on the licensed premises unless
the on-premises licensee has been approved for a dance
or dance-entertainment permit by the Village as set
forth in this chapter and granted a dance or
dance-entertainment permit by the State Liquor Control
Commission.
(c) Activities Not Prohibited. This section does not
prohibit orchestra playing, piano playing, the playing
of other types of musical instruments, singing, or the
showing of a publicly broadcast television transmission
from a federally licensed station, subject to the
restrictions contained in Sections 870.14 and 870.15
hereof.
(Ord. 2002 02. Passed 5 13 02.)
870.05 APPLICATION FOR NEW LICENSE OR TRANSFER OF
LICENSE.
Application for approval of a new on-premises liquor
license or a transfer of an on-premises license shall be
made to the Village Clerk, in writing, signed by the
applicant, if an individual, or by a duly authorized
representative thereof if a partnership, limited
liability company or corporation, and shall contain the
following statements and information:
(a) The name, age and address of the applicant, if an
individual; if a partnership or limited liability
company, the partners, members or other persons entitled
to share in the profits thereof, and the partnership or
operating agreement; or, if a corporation, the articles
of incorporation and bylaws, the names and addresses of
its officers and directors, names and addresses of its
stockholders, and the name of the manager or agent who
will be conducting the business on behalf of the
applicant, if such is the case.
(b) The citizenship and place of residency of those
persons identified in division (a) of this section.
(c) A statement of any other business in which the
applicant is engaged.
(d) A current financial statement of the applicant.
(e) The location and description of the premises which
is to be operated under such license.
(f) Type of on-premises license sought.
(g) A statement of whether the applicant or any person
identified in division (a) of this section ever has made
application for a license to sell beer, wine, liquor or
mixed spirits other than described in this application,
and if so, the year in which the application was made,
the location of the business and the disposition of the
application.
(h) A statement of whether the applicant or any of those
persons listed in division (a) of this section has ever
been convicted of a felony or a violation of any federal
or state law concerning the manufacture, possession,
furnishing or sale of alcoholic beverages or has ever
had a license or permit revoked by the State Liquor
Control Commission.
(i) A statement representing that the applicant will not
violate any federal or state laws or any Village
ordinances in the conduct of the applicant's business.
(j) The name and address of the owner of the premises
and, if the applicant is not the owner, the nature and
duration of the applicant's right to occupy the
premises.
(k) A statement of proposed hours of operation and
description and plan of all activities and operations to
be carried on at the premises, including but not limited
to food sales, recreational activities, contests, and
entertainment of any nature. If a dance, entertainment
or dance-entertainment permit is required for any of the
activities to be carried on at the premises, a separate
application for the issuance of a dance, entertainment
or dance-entertainment permit shall be made in
accordance with this chapter.
(l) A statement whether any remodeling or new
construction on the premises is intended in connection
with the license, and if so, a description of the
proposed work, when work will be commenced and when work
will be completed.
(m) The application shall be accompanied by building,
site and floor plans showing the entire structure and
premises and, in particular, the specific areas where
patrons will be permitted and the license will be used.
The plans shall be sufficient to inform the Council of
facilities and provisions for off-street parking,
lighting, cooking, alcoholic beverage dispensing,
restrooms, dining and seating, refuse disposal, signs
and, where appropriate, plans for screening, landscaping
and noise control.
(Ord. 2002 02. Passed 5 13 02.)
870.06 APPLICATION FOR DANCE AND/OR ENTERTAINMENT
PERMITS.
(a) Contents. Application for approval of a dance,
entertainment or dance-entertainment permit required by
this chapter shall be made to the Village Clerk in
writing, signed by the applicant if an individual, or by
a duly authorized agent thereof if a partnership,
limited liability company or corporation, and shall
contain the following statements and information:
(1) The location and description of the premises or
place of business which is to be operated under such
permit.
(2) A statement that there has been no material change
in the facts represented in the licensee's application
for an on-premises liquor license. If there has been a
material change in the facts, the licensee shall provide
the Village with a revised application for a liquor
license, stating the nature and date of such change.
(3) A statement of the type of permit being applied for,
whether dance, entertainment or dance-entertainment, and
a description of the type of activity to be carried on
at the premises, including but not limited to
monologues, dialogues, motion pictures, video, still
slides, closed-circuit television, contests, or other
performances for public viewing or participation and/or
dancing by employees, contract entertainers or patrons.
(4) A statement whether any remodeling or new
construction on the premises is intended for the use of
the permit, and if so, a description of the proposed
work, when work will be commenced and when work will be
completed.
(5) If any remodeling or construction on the premises is
intended, the application shall be accompanied by
building, site and floor plans showing the entire
structure and premises and, in particular, the specific
areas where the dancing or entertaining will occur. The
plans shall be sufficient to reasonably inform the
Council of facilities and provisions for off-street
parking, lighting, refuse disposal, signs and, where
appropriate, plans for screening, landscaping and noise
control.
(6) The hours and days during which entertainment and/or
dancing shall occur.
(b) Entertainment Agreement. The applicant shall attach
to such application, on a form to be provided by the
Village, a completed and signed entertainment agreement
that will be executed by the Village if the requested
permit is duly approved. Such completed entertainment
agreement shall be filed with the Village Clerk, and no
application shall be processed unless accompanied by
such entertainment agreement.
(c) Change in Type of Activity. If, at any time after
the grant of a dance, entertainment or
dance-entertainment permit, the type of activity as
described in the application is changed, a new permit
must be applied for as provided under division (a) of
this section and a new entertainment agreement shall be
filed with the Clerk.
(Ord. 2002 02. Passed 5 13 02.)
870.07 FEES.
An applicant for a new license, for transfer of an
existing license and for renewal of an existing license
or permit shall pay the following minimum application
fees, which shall be nonrefundable and shall be in
addition to any fee required by the State Liquor Control
Commission. If the Village's actual cost of
administration, processing or inspection exceeds the
minimum fees, the applicant or licensee shall be
required to reimburse the Village for such excess cost.
(a) Initial fee $1,000.00
(b) Annual renewal/reinspection fee $500.00
(c) Transfer fee $1,000.00
(Ord. 2002 02. Passed 5 13 02.)
870.08 PROCESSING OF APPLICATIONS.
(a) Liquor Control Committee/Village Administrative
Review. A copy of any application submitted under this
chapter shall be referred to the Village Council's
Liquor Control Committee and may be referred to any
Village department, official or consultant for an
investigation relating to their areas of responsibility
and a report back to the Village Council if, in the
discretion of the Village Council or Liquor Control
Committee, such investigation is in the interest of the
Village residents or would assist the Council or Liquor
Control Committee in its review.
(b) Determination. After receiving the reports of the
Liquor Control Committee and any department, official or
consultant from which a report has been requested, the
Village Council shall make a decision on the
application. It shall determine whether to approve or
disapprove the issuance or transfer of a license or the
issuance of a dance, entertainment or
dance-entertainment permit to the State Liquor Control
Commission, and shall transmit its decision to the State
Liquor Control Commission and give notice of its
decision promptly to the applicant, in writing.
(c) Council Decision. Such decision of the Village
Council to approve or disapprove of an application shall
be wholly within its discretion and its determination as
to what action will best promote the best interests of
the Village and its inhabitants. In reaching its
decision, the Council should consider all pertinent
factors, including those listed in this division. By
listing some of the factors to be considered, this
division shall not be deemed to give applicants for
liquor licenses any more or greater due process rights
than those existing under the laws of the State. The
factors considered by the Council shall include the
following:
(1) The possibility of a consequent significant cost
burden on the Village;
(2) The Council's perception of the attitude of Village
residents generally, as well as those in the immediate
neighborhood of the premises;
(3) Whether the property values or character of the
adjoining neighborhood will be adversely affected;
(4) Consistency with the zoning ordinance, zoning map
and master land use plan, and the anticipated impact of
the establishment on nearby businesses and residences;
(5) Whether or not the location of the proposed licensed
premises is in the best interests of the Village;
(6) Crowd control;
(7) Pedestrian and vehicular movement;
(8) Applicant's investment in the facility;
(9) Whether it is in the best interests of the Village
to approve of the issuance of a liquor license to a
different or prospective applicant;
(10) Whether or not an applicant's business, whether
existing or proposed, will generate at least 50% of its
gross revenues from the sale of food, and whether the
applicant's premises are or will be, prior to commencing
liquor sales, equipped to serve the required volume of
food sales;
(11) Whether traffic and parking requirements generated
by the proposed licensed premises will cause unnecessary
congestion or inconvenience on the public highways;
(12) The applicant's experience, if any, in conducting a
business holding a license from the State Liquor Control
Commission; and
(13) Any other factor(s) that may affect the health,
safety and welfare of the community.
In reaching its decision, the Village Council shall not
be limited by the considerations specifically addressed
in the application, but shall make its decision based on
additional matters determined or adopted by it in the
best interest of the Village residents.
(d) Vote of Electors. If the Village Council decides it
is inclined to approve an application for an on-premises
liquor license, the Village Council shall submit the
question of whether the Village should approve the
application to a vote of the electors in accordance with
Village Charter Chapter XVI, Section 13, as amended. If
the voters approve the application, the Village Council
shall forward its recommendation to approve the
application for an on-premises liquor license to the
State Liquor Control Commission. If the voters
disapprove the application, the Village Council shall
accordingly disapprove the application.
(e) Duration and Conditions. Any recommendation by the
Village Council to the State Liquor Control Commission
to approve an application for an on-premises liquor
license or a dance, entertainment or dance-entertainment
permit or a transfer of a license or entertainment
permit is effective for one year and is conditioned on
continuation of the facts represented in the application
submitted by the applicant and completion of any
construction or remodeling contemplated in the
application within six months (unless Council expressly
authorizes a longer period) from the date of the
recommendation to the State Liquor Control Commission to
approve issuance or transfer of the license or the
dance, entertainment or dance-entertainment permit.
Denial of the application by the State Liquor Control
Commission, or the failure to obtain approval from the
State Liquor Control Commission within one year from the
Village Council's recommendation shall cause the Village
Council's recommendation to automatically expire.
(Ord. 2002 02. Passed 5 13 02.)
870.09 RESERVATION OF AUTHORITY BY COUNCIL.
(a) Determination of Licensee or Permittee. No applicant
for an on-premises liquor license or for a dance,
entertainment or dance-entertainment permit has the
right to the issuance of such license or permit, and the
Village Council reserves the right to exercise
reasonable discretion to determine who, if anyone, shall
be entitled to the issuance of a license or permit.
(b) Taking No Action. No applicant for an on-premises
liquor license or for a dance, entertainment or
dance-entertainment permit has the right to have such
application processed, and the Village Council further
reserves the right to take no action with respect to any
application filed with the Village Council.
(c) Issuance of Additional Licenses. The Council
reserves the right to maintain a list of all applicants
and to review the list when, in its discretion, it
determines that the issuance of an additional
on-premises liquor license is in the best interest of
the Village at large and for the needs and convenience
of its residents.
(Ord. 2002 02. Passed 5 13 02.)
870.10 CHANGES IN APPLICATION FACTS.
If there is any material change in the facts represented
in the application for a license or permit required by
this chapter, the applicant shall promptly notify the
Village Clerk of the change, in writing, signed by the
applicant. Any material change of the facts represented
in the application shall be reviewed by the Village
Council, which may withdraw its recommendation to the
State Liquor Control Commission, if the Council deems it
appropriate, in its discretion.
(Ord. 2002 02. Passed 5 13 02.)
870.11 CHANGES IN OWNERSHIP.
Prior to change in ownership of the premises or the
license required by this chapter, a copy of the
application, as approved, shall be given to the new
owner or license holder.
(Ord. 2002 02. Passed 5 13 02.)
870.12 ANNUAL INSPECTION.
(a) Generally. Each year the Liquor Control Committee
shall cause investigations to be made, following which
it shall make a report to the Village Council relating
to each on-premises license within the Village.
(b) Inspections. By February 1 of each year, the Liquor
Control Committee shall cause the following inspections
to be made:
(1) An inspection of the premises holding an on-premises
license to determine whether all applicable provisions
of this Code, particularly the provisions of this
chapter and the Building and Housing and Zoning Codes,
are being complied with. Any inspection report within
the prior year by the County Health Department shall
also be submitted to the Village Council.
(2) An inspection of the premises to determine that all
provisions of the license itself, as well as any
conditions imposed by either the Village Council or the
State Liquor Control Commission at the time of license
issuance are being complied with.
(3) An inspection to determine the general condition of
the licensed premises, both interior and exterior.
(4) Review of a written statement to be provided by the
licensee or any other source of such information,
setting forth the percentage of the licensee's gross
income received annually from the following:
A. The sale of food; and
B. The sale of alcoholic beverages.
(5) Investigation or review of other information the
Liquor Control Committee may deem relevant or may
request from the licensee relating to the operation of
the licensee's business in furtherance of the annual
investigation required by this section.
(c) Report to Council. As soon as possible after
February 1 each year, the Liquor Control Committee shall
submit a report to the Village Council containing
information requested by the Village Council or obtained
as the result of the inspections, together with such
other information the Liquor Control Committee may have
obtained which it deems pertinent and which relates to
the operation of any licensee's business. The report to
Council shall list and detail any violations or
noncompliance by the licensed premises.
(d) Violations. The procedure for violations shall be as
follows:
(1) Meeting with licensee. If it appears to the Village
Council from the Liquor Control Committee's report that
the licensee's business may be in violation of or in
noncompliance with the Village's policies, State law,
this Code or any conditions imposed on the approval of a
license, the Village Council shall direct the Liquor
Control Committee to notify the licensee of any alleged
violation and request the licensee to meet with the
Liquor Control Committee to discuss the alleged
violations and compliance with such laws, Code
provisions and conditions. The Liquor Control Committee
shall, prior to the Village Council's March regular
meeting, report the results of such informal meeting to
the Village Council.
(2) Action. If the alleged violation has not been
resolved in a manner satisfactory to the Village
Council, the Council may resolve to commence proceedings
to request revocation of a license or to object to its
renewal by the State Liquor Control Commission.
(3) Reservation of authority. Nothing in this section
shall waive the right of the Village to prosecute the
licensee for a Village ordinance violation, regardless
of whether such violation is or will be the basis or one
of the bases for revocation or nonrenewal proceedings
against the licensee.
(Ord. 2002 02. Passed 5 13 02.)
870.13 REVOCATION OR NONRENEWAL.
(a) Notice of Public Hearing. Before filing either an
objection to renewal or a request for revocation of an
on-premises license or request for revocation of a
dance, entertainment or dance-entertainment permit with
the State Liquor Control Commission, the Village Council
shall serve the licensee, by personal service or U.S.
mail, not less than ten days prior to hearing, with
written notice of a public hearing, which notice shall
contain the following:
(1) The nature of the proposed action being considered
by the Council.
(2) Reasons for the action being considered, detailing
and citing the specific standards or guidelines the
licensee has not complied with.
(3) The date, time and place of the hearing.
(4) A statement of the licensee's rights at the hearing,
including the opportunity to defend by confronting
adverse witnesses and being allowed to present evidence,
witnesses and arguments; and to be represented by an
attorney of the licensee's choosing.
(b) Criteria. The Village Council may object to renewal
or request revocation of a license or revocation of a
dance, entertainment, or dance-entertainment permit if
the Council determines, based upon a preponderance of
the evidence presented at the hearing, that any of the
following exist or have occurred:
(1) A violation of any applicable building, electrical,
mechanical, plumbing or fire code; applicable zoning
regulations; applicable public health regulations;
applicable rules and regulations of the County Health
Department; or any other applicable Village Code
provision; or the refusal to allow inspection of the
licensed premises by the Village's agents for purposes
of verifying and enforcing Village Code compliance.
(2) Failure to maintain the grounds and exterior of the
licensed premises or to prevent littering or blowing of
refuse or debris onto adjoining property.
(3) Maintenance of a nuisance upon the premises.
(4) A material change has occurred in the plan of
operation, conditions, statements or representations
contained in the written application by the licensee, or
upon which the Village Council based its recommendation
for approval of the license or permit, when that change
is found to be contrary to the best interests of the
Village residents, in the judgment of the Village
Council.
(5) The holder of a license or permit has been convicted
of any federal or state law concerning the manufacture,
possession or sale of alcoholic liquor or a controlled
substance.
(6) The premises do not have adequate off-street
parking, lighting, refuse disposal facilities,
screening, noise or nuisance control where a nuisance
does or will exist.
(7) The licensee has allowed the premises to exceed
permitted occupancy level.
(8) Disruptive or unruly crowds have been allowed to
form on the premises.
(9) Dance floors are not clearly marked, or dancing has
been permitted other than on the dance floor.
(10) Restrooms are not maintained in a clean manner.
(11) Alcoholic beverages, including beer bottles, have
been permitted to be removed from inside the premises.
(12) The licensee has allowed consumption of alcoholic
beverages in the parking lot or on property adjacent to
the premises.
(13) The sale or furnishing of alcoholic beverages to a
minor, or consumption or possession of alcohol on the
premises by a minor.
(14) The licensee has allowed a person under age 18 to
serve alcoholic liquor.
(15) Selling or serving alcohol to an intoxicated person
or allowing an intoxicated person to consume or frequent
or loiter on the premises.
(16) The licensee has allowed fights to occur inside or
to spill outside the premises.
(17) The premises have been allowed to be used for
accosting and soliciting for prostitution, fights,
brawls or the improper use of firearms, knives or other
weapons.
(18) The licensee allowed the sale, possession or
consumption on the premises of any controlled substance,
or has allowed drug paraphernalia to be used, stored,
exchanged or sold.
(19) A pattern of patron conduct in the neighborhood of
the licensed premises that violates the law or Village
ordinance and/or unreasonably disturbs the peace, order
and tranquility of the neighborhood.
(20) The licensee, or its employees, have been
intoxicated on the premises, or have been allowed to
drink or solicit drinks with patrons.
(21) Entertainment on the licensed premises without a
required entertainment or dance-entertainment permit.
(22) A violation of any section of this chapter or of
the rules and regulations of the State Liquor Control
Commission.
(23) For a dance, entertainment or dance-entertainment
permit, any breach of the Entertainment Agreement
entered into between the licensee and the Village as
required in this chapter.
(c) Findings and Determination. Following the hearing,
if the Village Council decides to object to renewal or
to request revocation of an on-premises license, the
Village Council shall submit to the licensee and the
State Liquor Control Commission a certified copy of the
resolution adopted by the Village Council objecting to
the renewal of the license or requesting that the
license be revoked. The resolution shall include or be
accompanied by a written statement of the Council's
findings and determination. In addition, the Village
Council shall send to the State Liquor Control
Commission:
(1) A certified copy of this chapter, including dates of
adoption and the name of the newspaper and date of
publication;
(2) A certified copy of the notice sent to the licensee;
and
(3) Proof of service of the notice sent to the licensee
indicating the date and manner of service.
(Ord. 2002 02. Passed 5 13 02.)
870.14 NUDE ACTIVITY.
(a) Definitions. The following words, terms and phrases,
when used in this section, shall have the meanings
ascribed to them in this division, except where the
context clearly indicates a different meaning:
(1) "Exposed to view" means a person has exposed such
portions of the anatomy if such portions are naked,
uncovered, less than opaquely covered or, though
opaquely covered, are physically discernible due to the
application of liquid to the opaque material, such as a
wet T-shirt contest.
(2) "Nude or "nearly nude activity" means that a person
appears on the licensed premises in such a manner as to
expose to view any portion of the pubic area, buttocks
or genitals or any simulation thereof, or that a female
appears on the licensed premises in such manner or
attire as to expose to view any portion of the breast
below a point immediately above the top of the areola.
(b) Prohibited. No person shall perform or exhibit nude
or nearly nude activity on the licensed premises.
(c) Permitting Nude Activity on Premises. No licensee,
agent, employee or contracted entertainer of a licensee
shall sponsor or allow any person to perform nude or
nearly nude activity on the licensed premises, as
defined in division (a) of this section.
(Ord. 2002 02. Passed 5 13 02.)
870.15 VISUAL OR VIDEO REPRESENTATIONS OF SPECIFIED
SEXUAL ACTIVITIES OR SPECIFIED ANATOMICAL AREAS.
(a) Definitions. The following words, terms and phrases,
when used in this section, shall have the meanings
ascribed to them in this division, except where the
context clearly indicates a different meaning:
(1) "Specified anatomical areas" means: Less than
completely and opaquely covered:
A. Human genitals;
B. Buttocks;
C. Female breast below a point immediately above the top
of the areola; and
D. Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
(2) "Specified sexual activities" means:
A. Human genitals in a state of sexual stimulation or
arousal;
B. Acts of human masturbation, sexual intercourse or
sodomy; or
C. Fondling or other erotic touching of human genitals,
the pubic area, the buttocks or the female breast.
(b) Prohibited. An on-premises licensee shall not allow
in or upon the licensed premises the display or showing
of any video recording, video motion pictures, still
slides, television, or other electronic reproductions or
media which are characterized by an emphasis on matter
or scenes depicting, describing or relating to specified
sexual activities or specified anatomical areas, as
defined in division (a) of this section, for observation
by patrons.
(Ord. 2002 02. Passed 5 13 02.)