§ 6-2. Application for recommendation for new license.
(a)
Application. Applications for recommendation for license to sell beer and wine or spirits shall be made to the city commission in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a partnership or corporation, verified by oath or affidavit, and shall contain the following statements and information:
(1)
The name, age, and address of the applicant in the case of an individual; or, in the case of a co-partnership, the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and, if a majority interest in the stock of such corporation is owned by one person or his nominee, the name and address of such person.
(2)
The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization.
(3)
The character of business of the applicant, and in the case of a corporation, the object for which it was formed.
(4)
The length of time said applicant has been in business of that character, or, in the case of a corporation, the date when its charter was issued.
(5)
The location and description of the premises or place of business which is to be operated under such license.
(6)
A statement whether applicant has made application for a similar or other license on premises other than described in this application, and the disposition of such application.
(7)
A statement that 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 section or the laws of the State of Michigan.
(8)
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 city in the conduct of its business.
(9)
The application shall be accompanied by building and plat 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.
(b)
Restrictions on licenses. No such application for recommendation for new license shall be issued to:
(1)
A person whose license, under this section, has been revoked for cause.
(2)
A person who, at the time of application or renewal of any license issued hereunder, would not be eligible for such license upon a first application.
(3)
A co-partnership, unless all of the members of such co-partnership shall qualify to obtain a license.
(4)
A corporation, if any officer, manager, or director thereof, or a stock owner or stockholders owning in the aggregate more than five percent of the stock of such corporation would not be eligible to receive a license hereunder for any reason.
(5)
A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the license.
(6)
A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor.
(7)
A person who does not own the premises for which a license is sought or does not have a lease therefor for the full period for which the license is issued.
(8)
For premises where there exists a violation of the applicable building, electrical, mechanical, plumbing or fire codes, applicable zoning regulations, or applicable public health regulations.
(9)
For any premises unless the sale of beer, wine, or spirits is shown to be incidental and subordinate to other permitted business uses upon the site, such as, but not limited to, food sales, motel operations, or recreational activities.
(10)
For premises where it is determined by a majority of the commission that the premises do not or will not reasonably soon after commencement of operations have adequate off-street parking, lighting, refuse disposal facilities, screening, noise, or nuisance control.
(11)
Where the commission determines, by majority vote, that the proposed location is inappropriate considering the desirability of establishing a location in developed, commercial areas, in preference to isolated, undeveloped areas; the attitude of adjacent residents and property owners; traffic safety; accessibility to the site from abutting roads; capability of abutting roads to accommodate the commercial activity; distance from public or private schools for minors; proximity of the inconsistent zoning classification; and accessibility from primary roads or state highways.
(c)
Term of recommendation. Recommendations for approval of a license shall be made upon request of the Michigan Liquor Control Commission, but the city may on an annual basis require the submission of a new application as provided in this section when the city determines that there may be a change of circumstances requiring a change of recommendation. Recommendation for approval of a license shall be with the understanding that any necessary remodeling or new construction for the use of the license shall be commenced within six months of the action of the city commission or the michigan liquor control commission approving such license, whichever last occurs. Any unusual delay in the completion of such remodeling or construction may subject the recommendation for approval of the license to revocation.
(d)
License hearing. The city commission shall grant a public hearing upon the license application. Following such hearing the commission shall submit to the applicant written statement of its findings and determination. The commission's determination shall be based upon satisfactory compliance with the restrictions set forth in subsections (b)(1) through (11) above.
(Ord. No. 109, § 1, 1-17-83)