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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.)