The city council finds that certain business regulations protect, advance or are otherwise in the general interest of the public health, safety and general welfare for many reasons among which are the following:

(1)

Business licensing provides information about businesses in the city, such as, for example and not for limitation, names and contact information for responsible persons, information about the type of business, hours of operation, and materials used or sold in the business, that is necessary for the law enforcement and fire personnel who seek to protect the interests of the businesses, security of business property, the safety of business employees and patrons, and the safety of city personnel and the general public.

(2)

Some types of businesses may have, may be perceived to have, or may historically have:

a.

A greater likelihood of association with criminal activity;

b.

Posed a greater threat to public health or safety;

c.

Been more risky for employees;

d.

Been a more frequent focus of complaints;

e.

Used or sold possibly hazardous materials;

f.

Attracted less scrupulous patrons;

g.

Resulted in more complaints to government officials or agencies; or

h.

Required more scrutiny from or resources of government agencies.

(3)

Some businesses are operated in a manner that requires disproportionate city services and resources.

(4)

Some state laws require compatible local ordinances to effectuate their provisions.

(5)

Some state laws require local ordinances to either allow or preclude certain businesses.

(6)

Sometimes business regulations are an effective means for preventing undesirable business practices or less desirable effects of some businesses.

(Ord. No. 2171, § 2, 10-25-21)

The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use is a use, under the same ownership and in the same location, and incidental and subordinate to the permitted principal use of a building.

Alcoholic liquor means that term as defined in the Michigan Liquor Control Act, 1998 PA 58, MCL 436.1101 et seq.

Applicant means an applicant for a license under this chapter.

Building official means the registered building official, building inspector or plan reviewer who the city has designated as its lead building official or that individual's designee.

Business personnel means the directors, members, partners, officers, employees, volunteers, agents and representatives of an applicant, licensee or other business, including any independent contractor performing services for an applicant, licensee or other business.

Charitable solicitation includes, but is not limited to, activities considered to be fundraising in scope for charitable, religious, civic, educational or philanthropic purposes.

Food establishment is a building or premises, or a portion thereof, the principal use of which is devoted to the sale, dispensing, distribution, serving or storage of food, foodstuff or drink for consumption on or off the premises or in or out of the building.

Goods means all goods, wares, merchandise and other personal property, excepting chooses in action and money. It includes prepared and unprepared foods.

Hearing officer is an individual appointed by the city council to conduct hearings and provide due process determinations regarding matters enforced under this chapter that are appealed by adversely effected parties.

Highway, street, alley, sidewalk, public areas, together or separately, shall mean any highway, street, alley or sidewalk, whether on public or private property, which is used by the public for the purpose of vehicular or pedestrian traffic, vehicular ingress and egress or the parking of motor vehicles and shall include the area between the public street and the property line and any public sidewalk.

Licensee means a person to whom a license has been issued under this chapter.

Liquor control requirements means requirements in or rules promulgated under the Michigan Liquor Control Act, 1998 PA 58, MCL 436.1101 et seq.

Motor vehicle means any motor vehicle as defined by the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 et seq.

Nuisance business means a business that meets any of the following criteria:

(1)

Within any 60-consecutive-day period police have been dispatched to the business location two or more separate times due to any one or combination of:

a.

Alleged criminal acts involving minor in possession of alcoholic liquor;

b.

Sales of alcoholic liquor in violation of applicable law;

c.

Assault or attempted assault;

d.

Criminal sexual conduct or attempted criminal sexual conduct;

e.

A fight;

f.

Unlawful discharge of a firearm;

g.

Unlawful possession or sale of controlled substances;

h.

Robbery or attempted robbery;

i.

Exhibition of a dangerous weapon;

j.

Theft other than retail fraud.

k.

Alleged criminal acts involving prostitution; or

l.

Drunken disorderly conduct.

(2)

Within any 60-consecutive-day period there have been two or more separate incidents or occurrences at the business location leading to the arrest and prosecution of individuals charged with committing any one or combination of the following:

a.

Alleged criminal acts involving minor in possession of alcoholic liquor;

b.

Sales of alcoholic liquor in violation of applicable law;

c.

Assault or attempted assault;

d.

Criminal sexual conduct or attempted criminal sexual conduct;

e.

A fight;

f.

Unlawful discharge of a firearm;

g.

Unlawful possession or sale of controlled substances;

h.

Robbery or attempted robbery;

i.

Exhibition of a dangerous weapon;

j.

Theft other than retail fraud;

k.

The occupancy of the business premises or any part of the business premises exceeded any legal limits;

l.

Sex trafficking or prostitution; or

m.

Misdemeanor violation of the city's building or zoning ordinances.

(3)

Within any 60-consecutive-day period there have been two or more substantiated reports to city public safety personnel, the building officials or inspection staff, the community and economic development department, or city manager's office about conditions of the business property, emanating from the business property or seemingly affiliated with business personnel or patrons including:

a.

Disturbances of the peace;

b.

Harassment of passersby;

c.

Extensive littering or a failure to maintain within appropriate containers all refuse and trash or to remove refuse and trash before it becomes a nuisance due to excessive accumulation, odors, or the attraction of rodents, insects or other vermin;

d.

Nudity or semi-nudity in violation of applicable laws or ordinances;

e.

Gang activity;

f.

Illegal sale or distribution of controlled substances;

g.

Unlawful or uncontained accumulation of solid waste;

h.

Public urination or defecation;

i.

Harborage or infestation of rodents, insects or other vermin;

j.

Parking violations;

k.

Prostitution;

l.

Distribution or consumption of alcoholic liquor except as permitted by law;

m.

Emission of excessive dust or offensive odors experienced beyond the business' property lines;

n.

Unlawful obstruction of any public right-of-way;

o.

Occupancy of the business premises or any part of the business premises exceeding any legal limits or in violation of any law, rule or regulation;

p.

Accumulation of inoperable or unlicensed motor vehicles without authorization from the City.

q.

Illegal sale of tobacco or vaping materials;

r.

Violations of fire, construction or property maintenance code requirements;

s.

Violations of city noise ordinance provisions;

t.

Violations of public health codes;

u.

Outside storage in violation of applicable ordinances or laws; or

v.

Failures to maintain grass length, landscaping or hard surfaces in accordance with applicable legal requirements.

(4)

Within any 60-consecutive-day period, there have been more than 15 incidents of retail fraud at the business location reported to city or county law enforcement officials.

Operate or cause to operate means to cause to function or to put or keep in a state of doing business.

Operator means any person on the premises of a business who exercises overall operational control of the business or a part of the business, who can open or close the business to the public, or who causes to function or who puts or keeps the business open or in operation. A person may be operating or causing to be operated a business regardless of whether that person is an owner or part owner of the business.

Parking lot means any outdoor space or uncovered plot, place, lot, parcel, yard or enclosure, or any portion thereof, and where more than five motor vehicles are intended to be and may be parked, stored, housed or kept.

Patron means a customer, client, patient, shopper, or member of the public, not an employee of the business, who is on the premises to obtain, receive or view the products, services or performances offered by the business.

Pawnbroker means a person who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price.

Person means an individual human being as well as associations, corporations, firms, partnerships and bodies politic. Whenever used with respect to any penalty, the word "person" applies to the associated entity and when applied to associations shall mean the partners or members thereof and as applied to corporations, the officers thereof.

Regulated sale means:

(1)

Any sale, whether described by such name or by any other name, such as, but not limited to: close-out sales, liquidation sales, lost-our-lease sales, forced-to-vacate sales, or any other sale held in such a manner as to imply that, upon disposal of the stock of goods on hand, the business will cease and discontinue at the premises where the sale is conducted.

(2)

Any sale held in such a manner as to induce a belief that, upon disposal of the stock of goods on hand, the business will cease and discontinue at the premises where the sale is conducted, and thereafter will be moved to and occupy another location.

(3)

Any sale of goods that is an insurance, bankruptcy, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal or sale, going out of business or sale of goods damaged by fire, smoke, water or otherwise, unless the seller first obtains a license to conduct the sale from the city clerk under article IX. This does not apply to sales by a person who regularly engaged in insurance or salvage sale of goods, or the sale of goods which have been damaged by fire, smoke, water or otherwise, or who acquired the goods for the account of others as a result of fire or other casualty.

Regulated sales do not include:

a.

A sale conducted by or at the behest of a governmental official or agency as authorized by law;

b.

A sale of goods being sold by a person who has acquired a right, title or interest in goods as an heir, devisee or legatee or pursuant to an order or process of a court of competent jurisdiction;

c.

The sale of goods from a private residence by the owner of that residence a sale of goods which goods include only household furnishings used within that residence or the personal clothing, jewelry, tools and other personal items owned by the owner of that residence.

Second hand dealer or junk dealer means those terms as defined in 1917 PA 350, MCL 445.401 et seq.

Vendor/solicitor means any person who engages in any of the following activities:

(1)

Travels from place to place for the purpose of distributing leaflets, pamphlets, fliers, or other literature advertising or seeking orders for the sale of goods or services; or displaying, selling, making sales, offering for sale, or leasing with the option to buy, takes orders for, or attempts to take orders for the retail sale of any goods, property, or services whatsoever for current or future delivery. This includes any person who travels by foot, vehicle, wagon, cart or any other means displaying, selling, offering for sale, taking orders for sale, or leasing with the option to buy, at retail, any goods, property, or service. It further includes any person who operates a pushcart, or other structure powered by bicycles or human power, with at least two operational wheels, which can be easily moved and which is used by a vendor to conduct sales.

(2)

While not traveling from place to place, engaging temporarily in a retail sale of goods, wares or merchandise in any place in the city and who for the purpose of conducting business temporarily occupies any private lot, building, room or structure of any kind. This provision does not authorize sales on city-owned property or other public place unless authorized under a separate written agreement and does not authorize any activity that does not comply with Madison Heights Zoning Ordinance.

(3)

While not having any fixed business address in the city, travels from place to place within the city, for purposes of seeking donations of money, goods, services or other things of value for any purpose.

Vendor/solicitor does not include the following:

a.

A person engaged in distributing information, seeking signatures on petitions, or engaging in other communications that are not focused on making sales of or obtaining orders for any goods or services or seeking any contributions of money, goods, services or other things of value.

b.

A person who is an authorized employee or other agent of a business licensed under this chapter that has a fixed place of operation in the city.

c.

A person who sells at an art fair, farmers' market, festival or similar special event at the invitation of the event's sponsor, if (i) the sponsor has obtained a vendor/solicitor license and (ii) the person provides the sponsor with the person's sales tax license number.

d.

A person under 18 years old selling goods or services, or soliciting orders for goods or services, on behalf of a public or private school or affiliated organization in the city, a non-profit organization in the city, or place of worship in the city.

e.

Sales of goods or other items of value and solicitations conducted electronically, by mail, or by other means without any physical presence in the city if the goods or other items of value are delivered by mail, FedEx, UPS, DHL, or other courier.

(Ord. No. 2171, § 2, 10-25-21)

(a)

This chapter concerns the licensing of a business or of certain activities, not the licensing of individuals.

(b)

This chapter does not preempt or modify requirements for licensing, registration, certification or other approval of any business, individual, activity, or premises by a federal, state, county or other officially recognized body or official. Applicants and licensees under this chapter must comply with requirements for licensing, registration, certification or other approval of any business, individual or premises by a federal, state, county or other officially recognized body or official. All premises within in the city that are used or occupied by an applicant or licensee and all activities within that premises must comply with applicable zoning ordinance, construction code, property maintenance code, water and sanitary sewer, drainage and other requirements under other city ordinances, rules, regulations and policies.

(c)

Unless the laws, rules and regulations related to licensing, registration, certification or other approval of a business, person, activity or premises by a federal, state, county or other officially recognized body or official preempts local licensure, no person will be exempt from licensing under this chapter due to the issuance of any such license or other approval by another government, agency, body, or official. If, however, laws, rules and regulations related to licensing, registration, certification or other approval of a business by a federal, state, county or other officially recognized body or official preempts local licensure as provided in this chapter, then no city license is required.

(d)

If, to legally engage in the business in Michigan, it is necessary for a person to obtain or to employ or otherwise engage persons who have obtained a license, registration, certification or other approval from a federal, state, county or other officially recognized body or official, no license shall be issued under this chapter until that person submits evidence of all such other required approvals. This provision shall not apply in any situation in which it is not legally possible to obtain a license, registration, certification or other approval from a federal, state, county or other officially recognized body or official without first having obtained a license under this chapter.

(Ord. No. 2171, § 2, 10-25-21)

It shall be the duty of the city clerk, police chief, fire chief, treasurer and the community and economic development director or their designees to administer and enforce the respective terms and provisions of this chapter and to make, or cause to be made, such inspections of buildings or premises as may be necessary to accomplish such administration or enforcement.

(Ord. No. 2171, § 2, 10-25-21)

Applications for licenses, certifications, or registrations under this chapter, together with the applicable license fee, must be filed with the clerk on a form provided by the city clerk. In addition to other information the clerk may request with the approval of the city attorney, and such information as is required under other articles in this chapter, a license application must include the following:

(a)

The applicant's name, the applicant's business address in the city, in accordance with the following:

(1)

If the applicant is an individual the applicant's name must be as it appears on the applicant's driver's license or voter registration and the application must also include the applicant's home address if it is different from the applicant's business address and the applicant's date of birth.

(2)

If the applicant is a person other than an individual, the applicant's name must be as it appears on any business name filing with the State of Michigan and, if the applicant has other business addresses, the application must include the address of the applicant's principal place of business.

(3)

If the applicant is a person other than an individual and the applicant is not a business traded on a public stock exchange, the application must include the names, home addresses and dates of birth of:

a.

Anyone serving as the applicant's directors, trustees, general members, operating members, general partners, and principal officers.

b.

Any individual owning 20 percent or more of the stock or other equity in the applicant.

(b)

A general description of the applicant's business including the goods sold and services provided.

(1)

Businesses engaging in outdoor activities that are temporary/seasonal in nature shall be required to submit the specific dates, times and consecutive periods of time such activities are proposed to be conducted, a site plan for the proposed location that includes parking areas, sidewalk areas, fences, landscape areas, driveways and specific areas outside of a building where proposed business activities are to be conducted. Temporary/seasonal business licenses shall not extend beyond a one-year period from the application date.

(c)

A statement about the applicant's intended business hours.

(d)

If the applicant has a direct or indirect web or social media presence, the direct or indirect website address and social media information.

(e)

If the applicant or its employees or agents need to be licensed, registered, certified or otherwise approved by a federal, state, county or other officially recognized body or official in order to conduct the applicant's business in the city, copies of the pertinent documents must be submitted with the application.

(f)

If the applicant will have any hazardous, toxic, extra-flammable or explosive substances or materials on or within its business premises, the applicant shall provide a detailed list of those substances and materials, as well as of their location(s) on or within the premises in a form required by the city fire department.

(g)

If the applicant will have any especially valuable and easily transportable items or materials on or within its business premises, the application should generally describe those items.

(h)

Business hours and after hours contact information for one or more individuals who will have knowledge about and access to the applicant's city business premises at any time.

(i)

The application must be accompanied by any bond and proof of insurance including any required riders or endorsements, that are required by this chapter.

(j)

A signed approval and any required fees for a background check; and the application fees as provided in section 7-24.

(Ord. No. 2171, § 2, 10-25-21)

(a)

Unless otherwise provided in this chapter or by council resolution, a license issued pursuant to this chapter will be for a calendar year.

(b)

Licenses issued pursuant to this chapter shall be in a form provided by the clerk.

(c)

Licenses are non-transferable. If there is a change in the person owning a business or location, a new license must be obtained.

(d)

A licensee must notify the clerk of any change in the licensee's business address(s) and other information in the license application within 15 days of the change(s).

(e)

No person shall permit or allow, by lease or otherwise, another person to use or employ a license issued under this chapter.

(f)

A license issued pursuant to this chapter must be prominently displayed in an area of the licensee's business location(s) within the city that is generally open to and frequented by its customers, clients, patients, patrons or members of the public.

(Ord. No. 2171, § 2, 10-25-21)

(a)

Upon receipt of an application under this chapter, the clerk shall:

(1)

Review the application to ensure it includes all required information and other materials.

(2)

Transmit a copy of the application and other materials to the police chief, fire chief, treasurer, community and economic development director, building official, and county health officer (if applicable) for review and comment.

(b)

The officials to whom a copy of the application has been provided shall review it and report their findings as follows:

(1)

The police chief shall review the application and other information to determine whether the applicant or any individual identified in the application:

a.

Has been found guilty or responsible or has pled guilty, no contest, or responsible to any crime, civil infraction, or municipal civil infraction that indicate the applicant or individual may not serve patrons in a fair, honest or open manner;

b.

Has been found guilty responsible or has pled guilty, no contest, or responsible to any crime, civil infraction, or municipal civil infraction that indicate the applicant or individual has engaged or may engage in actions injuring to persons, damaging to property of others, or damaging to the environment or natural resources;

c.

Has violated a provision of this chapter or an ordinance in another community similar to this chapter, or

d.

Has been closely affiliated with other persons who meet the criteria of subparagraphs b. or c.

e.

The business activities or premises would be in violation of federal law, state law or local ordinance.

(2)

The fire chief shall review the application and other information to determine whether the premises, activities on the premises, and information about the premises, substances and materials to be located on the premises, and information provided complies with applicable fire codes.

(3)

The treasurer shall review the application and other information to determine whether the applicant or any individual identified in the application is in default to the city due to a failure to pay real or personal property taxes, special assessments, water or sanitary sewer fees, fees or charges from city inspections staff, fees charged by any other city department for services, or any other amount due and owing the city.

(4)

The community and economic development director shall review the application and other information to determine whether the proposed use of the premises and other aspects of the business will comply with applicable city zoning requirements. If community and economic development director is aware of information that the applicant, any individual identified in the application, or the premises from which the business is to be conducted have violated city zoning requirements, the community development director shall also provide that information to the clerk.

(5)

The building official shall review the application and other information to determine whether the premises currently complies with applicable construction codes, property maintenance codes, or any city ordinance regarding the condition of property. If the building official is aware of information that the applicant, any individual identified in the application, or the premises from which the business is to be conducted has failed to comply with applicable construction codes, property maintenance codes, or any city ordinance regarding the condition of property, the building official shall also provide that information to the clerk.

(6)

The county health office shall review the application to determine whether the premises currently comply with all applicable county and state health requirements.

(c)

Unless the information reported to the clerk pursuant to subsection (b) demonstrates that a license under this chapter should be denied as provided in section 7-27, the clerk shall issue the license when the application and other materials and information are complete, fees are paid, and the reports provided.

(d)

If, under federal or state laws, rules or regulations, any business for which a license application has been made under this chapter requires the council's consent or approval for issuance of a state license (such as for a liquor license under state law) or other reason that approval of the council must be given before a business license is issued under this article.

(Ord. No. 2171, § 2, 10-25-21)

(a)

Annual fees for licenses issued pursuant to this chapter shall be in amounts established by council resolution. Those fees shall not be prorated for licenses issued for a part of a year.

(b)

The fee for a license issued pursuant to this chapter that is not renewed prior to its expiration shall pay a late fee established by the council for that license.

(c)

If any applicable law, rule, regulation exempts any person from paying a fee for a license issued pursuant to this chapter, the license may be issued without payment of the fee.

(d)

Unless otherwise provided in this chapter, all license, certification and registration fees due under this chapter must be paid when the application is filed.

(e)

The required fee for each license shall be paid in full at the time of the submission of an application. No rebate or refund shall be made of any license fee or part thereof by reason of the death of the licensee or by reason of denial of the application, nonuse of the license or discontinuance of the operation of the retail or service business establishment. In the event the retail or service business moves its place of operation from one location in the city to another location in the city, a new license and fee shall be required for the new location in accordance with the terms and provisions of this article.

(f)

The city manager may, upon written request, waive a business license fee if it is determined that the business being conducted is for a charitable, religious, civic, educational or philanthropic purpose

(Ord. No. 2171, § 2, 10-25-21)

The following are reasons for the clerk, police chief, fire chief, community and economic director, treasurer or their designees to deny issuance or renewal of or to suspend or revoke a license issued pursuant to this chapter.

(a)

No license for the operation of a business establishment in the city shall be issued if one or more of the following exists:

(1)

The building or premises of the business does not comply with the provisions in terms of property maintenance code, zoning ordinance, fire regulations, health regulations or any other ordinances and regulations of the city;

(2)

The building or premises of the business are in such unsanitary or unsafe condition as to endanger the public safety, health and welfare;

(3)

The business activities or premises would be in violation of federal law, state law or local ordinance;

(4)

The owner of the business establishment or such legal entity compromising the business establishment has unpaid real or personal property taxes or special assessments due to the city, or is otherwise indebted to the city;

(5)

The applicant, if an individual, or any of the stockholders; or any of the officers or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien, of any nature, upon the business; and the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses:

a.

An offense involving the use of force and violence upon a person.

b.

An offense involving sexual misconduct, including, but not limited to, criminal sexual conduct, prostitution, and indecent exposure.

c.

An offense involving narcotics, dangerous drugs or dangerous weapons.

d.

An offense involving disorderly conduct related to sexual conduct.

e.

An offense involving ordinance violations related to improper business activity.

(6)

Fraud, misrepresentation, false statement, or withholding of information contained in the application for license;

(7)

Fraud, misrepresentation, false statement or withholding of information made in the operation of a business;

(8)

Failure to comply with all conditions, standards, plans or agreements entered into, or imposed by the city, in connection with the issuance or continuance of the license, or failure to comply with all agreements or judgments entered into subsequent to the issuance of the license;

(9)

Is a nuisance business.

(10)

Has been denied a license or has had its license revoked within six months prior to the date of application.

(11)

The failure of the applicant or a person identified in section 7-21(a)(3) to comply with requirements applicable to, or the suspension or revocation of, any license, registration, certification or other approval of a federal, state, county or other officially recognized body or official which license, registration, certification or other approval is required to conduct the business in the city.

(b)

The premises in which the business is or will be located or the occupancy or use of that premises as indicated in the application will not comply with a zoning or construction code requirement.

(c)

A license issued or recommended for issuance under this chapter may be denied, suspended, or revoked, or renewal of that license may be denied for any of the following reasons:

(1)

Any reason in section 7-22.

(2)

While conducting business in the city, the licensee or any of the licensee's personnel:

a.

Violated a provision of this chapter or any other provision of this Code;

b.

Failed to comply with or the licensee's premises in the city failed to comply with any zoning requirements during that ownership or occupancy;

c.

Failed to comply with or the licensee's premises in the city failed to comply with any construction code, property maintenance code or any city ordinance regarding the condition of property within the city; or

d.

Within the past 12 months, the business has been determined to be a nuisance business.

(3)

While conducting business in the city, the licensee or any of the business' personnel had a license, registration, certification or other approval of a federal, state, county or other officially recognized body or official which is required to conduct the business in the city suspended or revoked.

(4)

While conducting business in the city, the licensee or any of the business' personnel failed to comply with another applicable law, rule or regulation the violation of which could endanger the public health, safety or general welfare.

(5)

Failure by the licensee to permit the inspection of the licensed premises by the city's agents or employees in connection with the enforcement of this section.

(6)

Failure by the licensee to report any change in location, use, ownership or occupancy of the licensed business.

(Ord. No. 2171, § 2, 10-25-21)

When engaging in outdoor activities or building an exterior enclosure of goods, wares and merchandise including food items that are temporary or seasonal in nature a temporary or seasonal business license is required.

(a)

Unless approved by the city clerk as part of a temporary or seasonal business license or by a special use approval, the outdoor sale, display or storage of any goods or materials, including food, is hereby expressly prohibited, except for those items which are permitted to be stored outdoors in compliance with the Madison Heights Code of Ordinances and Zoning Ordinance.

(b)

The city clerk may, upon application for a temporary or seasonal business license, approve the outdoor sale or display if such activity is of a limited duration, such as, but not limited, a sidewalk sale, outdoor activity or seasonal sale affiliated with an existing licensed business and in compliance with the city zoning ordinance, or if such activity is conducted for a charitable, religious, civic, educational or philanthropic purpose but only if the applicant and its membership are conducting the activity without the assistance of professional solicitors or promoters.

(c)

Any activities approved under this provision shall comply with the other requirements of this article. The city clerk shall set the specific dates and times for the activities and may limit the number of consecutive days for such activities. This provision shall not supersede special approvals by city council under the zoning ordinance that allow the outdoor sale and display of goods, wares or merchandise, or the consumption of food in connection with restaurants or food establishments.

(d)

Businesses or activities which are temporary or seasonal in nature shall be required to complete an application for submission to the city clerk containing the specific dates, times and consecutive periods of time such activities are proposed to be conducted. The application must contain a site plan for the proposed location. The site plan shall indicate building locations, parking areas, sidewalk areas, fences, landscaped areas, driveways and the specific areas outside of a building where proposed business activities are to be conducted. Applications will not be accepted that include activity dates that extend beyond a one year period from the application date.

The community development department and the fire department shall review and approve the site plan before the application. The departments may, at their discretion, require changes to the site plan and that certain conditions or requirements be placed on the granting of a license. In rendering a decision as to any condition or requirement, the departments and city clerk shall take into consideration the health, safety and welfare of the public, including, but not limited to, such factors as the nature and intensity of the business or activity and its effect on the surrounding neighborhood; the effect of the business or activity on pedestrians or vehicular traffic, such as interference with ingress and egress or whether the business or activity causes obstructions to the flow of traffic or creates any other hazard, and whether such business or activity is offensive or hazardous at the specific location on the premises.

(e)

No license shall be issued prior to approval of the fire department, police department, treasurer, community development department, the county health officer, and all other required agencies, where applicable.

(Ord. No. 2171, § 2, 10-25-21)

All licenses issued under this Code must be displayed in a conspicuous location visible to the public. Further, each vehicle or mechanical device or machine required to be licensed by this article shall display, in a location clearly visible from the outside of the vehicle or device, such tags or stickers as are furnished by the city clerk and required by this Code.

(Ord. No. 2171, § 2, 10-25-21)

No person shall display any expired, suspended or revoked license or any license for which a duplicate has been issued.

(Ord. No. 2171, § 2, 10-25-21)

Unless otherwise provided in this article, an application for renewal of a current permanent license shall be approved by the city clerk provided that:

(1)

There are no unpaid real or personal property taxes, water bills, or special assessments due to the city.

(2)

The applicant is not otherwise indebted to the city.

(3)

A valid certificate of occupancy is in effect for the building occupied by the business.

(4)

Where required, the business is in full compliance with article VII and article XII of this chapter.

(Ord. No. 2171, § 2, 10-25-21)

(a)

Notice. Any applicant who is denied an initial or renewal license, or has a license suspended or revoked, shall be entitled to a hearing before a hearing officer, appointed by city council, to determine if grounds for denial, non-renewal, suspension or revocation exist under sections 7-22 or 7-27. Such appeal shall be taken by the applicant or licensee within 21 days of written notice by the city of denial, nonrenewal, suspension or revocation. Such appeal shall be made in writing by the applicant or licensee and shall state the reasons for the appeal. The hearing shall be held within 30 days of receiving an appeal by an applicant or licensee. Notice of the hearing shall be in writing and served at least ten days prior to the date of hearing by serving the person in charge of the business establishment by first class mail at the address on the license or application. The notice shall state as follows:

(1)

The date, time and place of hearing.

(2)

Notice of the proposed action.

(3)

Reasons for the proposed action.

(4)

A statement that the licensee may appear and present evidence on their behalf and has the right to be represented by legal counsel.

(Ord. No. 2171, § 2, 10-25-21)

(a)

Obstructing traffic: No licensee shall block, obstruct, impede or otherwise interfere with the normal flow of vehicular or pedestrian traffic or with visibility upon a highway, street, alley, sidewalk or within public buildings in public areas within the city by means of a vehicle, barricade, object, snow, debris or device or with his or her person. A licensee shall not deposit, cause or allow to be deposited, snow, ice or slush originating from their property on any roadway, highway or public sidewalk. Further, no objects, signs, devices, or merchandise shall be located in the area between the public street and the property line.

(b)

Noise: No licensee shall unreasonably disturb the peace and quiet of the city by shouting out solicitations, blowing any horns or utilizing any amplification system or device to attract attention of the public.

(Ord. No. 2171, § 2, 10-25-21)

(a)

The building official, community and economic development director, police chief, fire chief or their designees may preliminarily designate a business operating in the city as a nuisance business. If such a preliminary designation is made, written notice shall be given to the business stating that such a preliminary designation has been made and the basis for that preliminary designation. The notice shall be delivered to the business at the address and to the individual(s) provided in the business' general business license application if the business filed such an application. If the business is operating without a general business license, notice shall be delivered to the address at which the business activity is occurring and to such individual(s) at that address who purports or reasonably appears to be the operator of that business. The notice shall state that date and time of the hearing to declare the designation of a business as a nuisance business. It shall also inform the business of its rights to a hearing regarding that designation.

(b)

A business designated as a nuisance business must, within 30 days of that designation, correct all conditions or activities identified in the resolution designating it as a nuisance business or present plans acceptable to the city manager that will correct all those conditions or activities. If such corrections have been made within 30 days or accepted plans have been provided within 30 days, the city manager may, remove or conditionally remove the designation as a nuisance business.

(c)

If a business fails to correct the conditions or activities or submit acceptable plans for doing so within 30 days of an authorized city official's designation of the business as nuisance business per section 7-27, the general business license for that business shall be deemed to have been revoked and that business may no longer operate in the city until a new license is issued.

(d)

A business may appeal the revocation of its general business license with the hearing officer appointed by council pursuant to the procedure designated in section 7-33.

(Ord. No. 2171, § 2, 10-25-21)

(a)

Any person violating any provision of this article or any regulation promulgated under it for which a penalty is not specifically prescribed shall, upon conviction thereof, be punished as provided for in section 1-7 of this Code.

(b)

Each day that an offense occurs is a separate offense.

(c)

Violations of this chapter are also nuisances per se that may be abated and actions for abatement undertaken as provided in the Code or by applicable law, including without limitation, civil actions for equitable relief.

(Ord. No. 2171, § 2, 10-25-21)

All persons:

(1)

Operating, conducting or carrying on any trade, profession, commerce, business or any other for-profit activity on a full-time, part-time, temporary, seasonal or otherwise at or from any location in the city involving the manufacture, purchase, sale or providing of goods or services and the related financial transactions;

(2)

Operating, conducting or carrying on any trade, profession, commerce, business or any other for-profit activity in the city that otherwise requires a license under this chapters; or

(3)

Nonprofit entity operating, conducting or carrying on any activity in the city for which it is paid fees or accepts money or other payment (other than donations) for goods or services in excess of $25,000.00 in any 12-month period, must first obtain a general business license issued by the city.

(Ord. No. 2171, § 3, 10-25-21)

An applicant must file an application for a general business license and the clerk shall process, investigate, issue, decline to issue, and otherwise address an application for a general business license as provided in article I of this chapter.

(Ord. No. 2171, § 3, 10-25-21)

No person shall operate a business of a pawnbroker in the city without obtaining a general business license from the city in accordance with this chapter and a pawnbroker license issued by the mayor pursuant to this article and 1917 PA 273, MCL 446.201 et seq.

(Ord. No. 2171, § 5, 10-25-21)

An application for a license under this article must be filed and a license will be issued in accordance with 1917 PA 273, MCL 445.201 et seq.

(Ord. No. 2171, § 5, 10-25-21)

A licensee under this article must comply with the recordkeeping and other requirements of 1917 PA 273, MCL 446.201 et seq.

(Ord. No. 2171, § 5, 10-25-21)

Secondhand dealers and junk dealers may only operate in the city with a general business license as provided in this chapter and after also obtaining a license issued by the mayor pursuant to this article and 1917 PA 350, MCL 445.401 et seq.

(Ord. No. 2171, § 6, 10-25-21)

An application for a license under this article must be filed and a license will be issued in accordance with 1917 PA 350, MCL 445.401 et seq.

(Ord. No. 2171, § 6, 10-25-21)

A licensee under this article must comply with the recordkeeping and other requirements of 1917 PA 350, MCL 445.401 et seq.

(Ord. No. 2171, § 6, 10-25-21)

For the purpose of the provisions of this article, the following words and phrases shall be construed to have the meanings herein set forth:

Pawnbroker means any person, corporation, or member or members of a co-partnership or firm, who loans money on deposit or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price.

Person means any individual, partnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.

Pool or billiard hall means a commercial establishment where pool or billiard tables are provided for use on the premises by the public.

Regulated uses means any business which is classified as such under section 10.502[A] of the City of Madison Heights Code of Ordinances for Zoning.

(Ord. No. 984, § 2, 4-12-99)

(a)

Business license required. No person shall engage in a regulated use without a valid business license issued by the City of Madison Heights pursuant to the provisions of this article for each and every separate office or place of business conducted by such person. Massage establishments, massage parlors, massagists, masseurs and masseuses shall comply with the provisions of article XII of this chapter. Pool and billiard halls shall also comply with the provisions under chapter 4, article II. Adult arcades shall also comply with chapter 4, article III.

(b)

Validity of current licenses. Licenses currently in existence shall remain valid until renewal of said licenses at which time said license shall be subject to compliance with initial license procedures specified herein.

(Ord. No. 984, § 2, 4-12-99)

Every applicant for a regulated use establishment license shall file an application under oath with the city clerk's upon a form provided by the City of Madison Heights and pay a nonrefundable application investigation fee. Such fee shall be set by a city council Resolution and shall be renewed annually. The application shall contain the following information:

(1)

A detailed description of service(s), activities or nature of the businesses to be provided and/or conducted.

(2)

The location, mailing address and all telephone numbers where the business is to be conducted.

(3)

The name and residence address of each applicant.

a.

If the applicant is a corporation, the names and residence address of each of the officers and directors of said corporation and of each stockholder owing more than ten percent of the stock of the corporation, the address of each of the officers and directors of said corporation and of each stockholder owing more than ten percent of the stock of the corporation, the address of the corporation itself, if different from the address of the regulated use establishment, and the name and address of a resident agent in Oakland County, Michigan.

b.

If the applicant is a partnership, the name and residence address of each of the partners and the partnership itself, if different from the address of the regulated use establishment, and the name and address of a resident agent in Oakland County, Michigan.

(4)

The two previous addresses immediately prior to the present address of the applicant as stated in subsection (3) a. and b.

(5)

Individual or partnership applicant's height, weight, sex, date or birth, color of eyes and hair.

(6)

Social Security number, driver's license number, if any, and date of birth of each applicant.

(7)

One portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the chief of police or his agent. If the applicant is a corporation, one portrait photograph at least two inches by two inches of all officers and managing agents of said corporation and a complete set of the same officers' and agents' fingerprints which shall be taken by the chief of police or his agent. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including a limited partner in said partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the chief of police or his agents.

(8)

Business, occupation, or employment of the applicant for the three years immediately preceding the date of application, including the name, address and telephone number of any and all employers.

(9)

The business history of the applicant whether such person has previously operated in this or another city or state, has had a business license revoked, suspended or denied, the reason therefore, and the business activity or occupation subsequent to such action of suspension, revocation, or denial.

(10)

All criminal convictions other than traffic violations, including the dates of convictions, nature of the crime and place convicted.

(11)

A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

(12)

Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

(13)

All information required by this section shall be provided at the applicant's expense. Upon completion of the above provided form and the furnishing of all foregoing information, the City of Madison Heights shall accept the application for the necessary investigations. The holder of a regulated use establishment license shall notify the City of Madison Heights of each change in any of the data required to be furnished by this section within ten days after such change occurs.

(14)

Regulated use establishment licenses shall be renewed annually.

(Ord. No. 984, § 2, 4-12-99)

(a)

Any applicant for a license pursuant to this article shall present to the city clerk's office the application containing the aforementioned and described information. Upon receipt of such application; the city clerk will refer same to the chief of police, fire chief, community development department and such other city officers or employees as he or she may desire, who shall cause a thorough investigation, including a complete history of past business experience and state or local law violations, if any, to be made of the persons and/or premises which must meet or exceed codes. The findings resulting from such investigations shall be reported to the city manager who will then report same to the city council.

(b)

The chief of police shall recommend denial or approval of an application for license within 30 days unless such recommendation is delayed for a reason not attributable to the police department. In making his determination hereunder, the chief of police shall consider:

(i)

All applicant's convictions, the reasons therefor, and the demeanor of the applicant subsequent to his or her release;

(ii)

The license history of the applicant and his or her employees; whether such person has previously operated in this city or state or in another state under a license and has had such license revoked or suspended, the reasons therefore, and the demeanor of the applicant subsequent to such action.

(c)

In the case of a license application, the divisions of inspection, including, but not limited to, the building inspector, electrical inspector, plumbing inspector, zoning official, the police department and the fire department, shall inspect the premises proposed to be devoted to the regulated use establishment and shall make recommendations to the city manager concerning compliance with the requirements of this article, and all other applicable city ordinances and regulations.

(d)

Prior to submission of an application for business license for a regulated use establishment to city council for approval, an applicant shall be required to enter into a development plan agreement with the City of Madison Heights. As part of the license procedure, the community development department shall prepare a development plan agreement to be signed by the applicant prior to submission of the license for approval to city council. Included in that development plan agreement shall be specific conditions concerning signage, including, but not limited to, size, color, land use, location on the building, window displays, if applicable, physical layout of the facility, indoor and outdoor lighting, entrances and exits, operating conditions, including, but not limited to, hours of operation, and any other matters of concern to the city concerning physical layout or appearance of said business establishment.

(e)

An applicant for a license will be required to appear before the city council for presentation of the development plan agreement and business license for his or her establishment, and answer any questions pertaining to such plans.

(f)

If the city council is satisfied that all the criteria set forth herein for a license has been met, it will adopt a resolution granting approval, subject to satisfaction of the development plan agreement and any conditions stated in the resolution. If a license is approved and it is subsequently determined that the project was not completed as required by the development plan agreement and conditions of the resolution presented to the city or in compliance with representations made to the city, the city may take action to revoke the business licenses and/or the license for the following year shall be denied on the basis of this incompletion and/or noncompliance.

(g)

Applicants for regulated use establishment licenses shall continue to comply with all applicable state and city regulations, including the development plan agreement and any conditions which must be approved, and will operate the premises consistent with any representations made to the city council in obtaining the license. Failure of such compliance shall result in the refusal by the city council to renew a license or in revocation of the license.

(Ord. No. 984, § 2, 4-12-99)

The city clerk shall direct a license be issued for a regulated use establishment if all requirements for the regulated use establishment described in this article are met, unless he or she finds:

(1)

The correct permit or license fee has not been tendered to the city and in the case of a check, or bank draft, honored with payment upon representation.

(2)

The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city's building, zoning and health regulations.

(3)

The applicant, if an individual, or any of the stockholders holding more than ten percent of the stock of the corporation; or any of the officers or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; of the holder of any lien, of any nature, upon the business; and the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses within or without the State of Michigan:

a.

An offense involving the use of force and violence upon the person of another that amounts to a felony.

b.

An offense involving sexual misconduct, including, but not limited to, criminal sexual conduct, prostitution, lewdness, pandering, accepting of the earnings of a prostitute, sodomy, gross indecency, indecent exposure, distribution of pornography by any media, or any crime of a similar nature.

c.

An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony. A license may be issued to any person convicted of any crimes described in subparagraphs a., b., or c. of this subsection if it is found that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent misdemeanor convictions for crimes mentioned in this section.

(4)

The applicant has knowingly made any false or fraudulent statement of fact in the application or in any document required by the city in conjunction therewith.

(5)

The applicant has had a regulated use establishment or similar use license denied, revoked or suspended by the city or any other local, county or state agency within five years prior to the date of the application.

(6)

The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years.

(7)

The location proposed and/or methods of operation have or will detrimentally and unreasonably impact nearby property owners, businesses and residents.

(Ord. No. 984, § 2, 4-12-99)

The term of the license shall be for a period of one year as set out in section 7-22 of this chapter unless otherwise specified under this article. An applicant denied a license pursuant to these provisions, may appeal as set out in article III.

(Ord. No. 984, § 2, 4-12-99)

Every regulated use establishment shall post the license required by this article in a clearly visible area at the premises.

(Ord. No. 984, § 2, 4-12-99)

Application to renew a license to operate a regulated use establishment shall be filed at least 45 days prior to the date of expiration. Such renewal shall be annual and shall be accompanied by the annual fee to be set by city council resolution.

(1)

The applicant shall present to the city clerk's office a sworn affidavit by the applicant stating that the matters contained in the original application have not changed, or if they have changed, specifically stating the changes which have occurred.

(2)

The application shall be referred to the chief of police who shall investigate the criminal history of the applicant.

(3)

The city council or a hearing officer appointed by the city council may undertake a review of any license regarding renewal of said license. The council or hearing officer shall consider whether a licensed establishment has been operated during the existing license year in a manner consistent with the provisions of this article, the development plan agreement and any conditions set out in the council resolution and all other applicable laws and regulations of the City of Madison Heights and the State of Michigan.

(Ord. No. 984, § 2, 4-12-99)

Each establishment within the city for which a regulated use establishment license is granted shall be operated and maintained in accordance with all applicable laws and regulations of the City of Madison Heights and the State of Michigan. Upon any violation of this article, pursuant to sections 7-22 and 7-27, a city official as designated in sections 7-27 and 7-36 may revoke such license.

(Ord. No. 984, § 2, 4-12-99; Ord. No. 2171, § 7, 10-25-21)

No license to conduct a regulated use establishment shall be issued unless inspectors of the City of Madison Heights reveal that the establishment complies with each of the following minimum requirements:

(1)

All provisions of the city building, plumbing, fire, electrical and health codes have been fulfilled.

(2)

A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a regulated use establishment; all signs shall comply with the sign permit requirements of the City of Madison Heights.

(3)

There shall be no entrance or exit way which provides direct access to another type of business, residence or living quarters.

(4)

During business hours no exits shall be locked or obstructed in any way to prevent the immediate free ingress or egress of persons.

(5)

Minimum ventilation shall be provided in accordance with the building codes.

(6)

Minimum lighting shall be provided in accordance with the building codes, and in addition at least artificial light of not less than 60 watts shall be provided in each enclosed room or booth.

(7)

The facility shall be in compliance with any and all requirements for facilities as set out in the development plan agreement and/or conditions of the council resolution.

(Ord. No. 984, § 2, 4-12-99)

(a)

No beds, water mattresses, cots, or equipment designed for sleeping shall be permitted on the premises except for adult motels.

(b)

No regulated use establishment granted a license under the provisions of this article shall place, publish, or distribute or cause to be placed, published, or distributed any advertisement, picture, or statement which is known or through the advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any facilities.

(Ord. No. 984, § 2, 4-12-99)

No person shall permit any person under the age of 18 years to come or remain on the premises as employer, patron or accompanying a patron of any regulated use except pawnbrokers, tattoo parlors or used goods uses.

(Ord. No. 984, § 2, 4-12-99)

No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any regulated use establishment except for those regulated use establishments with appropriate liquor licenses.

(Ord. No. 984, § 2, 4-12-99)

No regulated use establishment shall be kept open for any purposes between the hours of 1:00 a.m. and 8:00 a.m.

(Ord. No. 984, § 2, 4-12-99)

(a)

It shall be unlawful for any person owning, operating or managing a regulated use establishment to permit any agent, employee, or any other person under his or her control or supervision to fail to conceal the sexual or genital parts of his or her body with a fully opaque covering.

(b)

It shall be unlawful for any employee, while in the presence of any other person in a regulated use establishment to fail to conceal the sexual or genital parts of his or her body with a fully opaque covering.

(c)

It shall be unlawful for any person owning, operating or managing a regulated use establishment to permit any agent, employee, or any other person under his or her control or supervision to expose, touch, fondle or massage any sexual or genital parts of another person or themselves.

(d)

It shall be unlawful for any employee, while in the presence of any other person in a regulated use establishment to expose, touch, fondle or massage any sexual or genital parts of another person or themselves.

(Ord. No. 984, § 2, 4-12-99)

Upon sale, transfer or relocation of a regulated use establishment, the license therefor shall be null and void unless approved as provided by this article. It shall be the duty of all owners or licensees having knowledge of the sale, transfer or relocation of the regulated use establishment, to immediately report such sale, transfer or relocation to the city clerk's office. The failure to do so shall result in an immediate suspension of all business.

(Ord. No. 984, § 2, 4-12-99)

No person granted a license pursuant to this article shall operate the regulated use establishment under a name not specified in their license, nor shall they conduct business under any designation or location not specified in their license.

(Ord. No. 984, § 2, 4-12-99)

Regulated sales in the city must comply with the following:

(a)

They must be conducted pursuant to a regulated sales license issued pursuant to 1961 PA 39, MCL 442.211 et seq., and this article.

(b)

They must be conducted by a licensee with a general business license issued pursuant to this chapter.

(c)

They must be conducted at a location listed and included on the general business license issued pursuant to this chapter.

(d)

They must be conducted in compliance with 1961 PA 39, MCL 442.211 et seq., and this article.

(Ord. No. 2171, § 8, 10-25-21)

(a)

An applicant for a license under this article must file an application in writing and under oath with the clerk that in a form provided by the clerk that provides the following information regarding the proposed sale:

(1)

The name, postal address, telephone number, and electronic mail address of the applicant, who must own the goods to be sold. If the applicant is a person other than an individual, the name and the position of the individual filing the application.

(2)

The name and style of the sale and the address where the sale is to be conducted.

(3)

The dates and time period during which the sale is to be conducted.

(4)

The name, postal address, telephone number, and electronic mail address of the individual who will be in charge and responsible for the conduct of the sale.

(5)

A full explanation of the condition or necessity which is the occasion for the sale, including a statement of the descriptive name of the sale and the reasons why the name is truthfully descriptive of the sale. If the application is for a license to conduct a going out of business sale as defined in 1961 PA 39, MCL 442.211 et seq., it shall also contain a statement that the business will be discontinued at the premises where the sale is to be conducted upon termination of the sale. If the application is for a license to conduct a removal sale, 1961 PA 39, MCL 442.211 et seq., it shall also contain a statement that the business will be discontinued at the premises where the sale is to be conducted upon termination of the sale, in addition to the location of the premises to which the business is to be moved. If the application is for a license to conduct a sale of goods damaged by fire, smoke, water or otherwise, it shall also contain a statement as to the time, location and cause of the damage.

(6)

A full, detailed and complete inventory of the goods that are to be sold, which inventory shall:

a.

Itemize the goods to be sold and contain sufficient information concerning each item, including make and brand name, if any, to clearly identify it.

b.

List separately any goods which were purchased during a 60-day period immediately prior to the date of making application for the license.

c.

Show the cost price of each item in the inventory together with the name and address of the seller of the items to the applicant, the date of the purchase, the date of the delivery of each item to the applicant and the total value of the inventory at cost.

(7)

A statement that no goods will be added to the inventory after the application is made or during the sale and that the inventory contains no goods received on consignment.

(b)

A license application, including any application for renewal of a license issued under this article, must be accompanied by a license fee in an amount established by resolution of the city council.

(Ord. No. 2171, § 8, 10-25-21)

(a)

After receiving an application including the information required by this article and filed by a general business licensee or applicant for a general business license, the clerk may issue a license to the applicant that:

(1)

Authorizes the licensee to advertise, represent and sell the particular goods so inventoried at the time and place stated in the application and in accordance with this article.

(2)

State the date of its expiration.

(3)

Is valid only for the sale of the inventoried goods which the licensee owns and applies only to the premises specified in the application.

(4)

May not be transferred or assigned.

(b)

If a licensee under this section is engaged in business at another location, the advertising or offering of goods must not represent or imply any connection with, participation in or cooperation with the sale on the premises specified in the license. No advertising or other offering of goods on behalf of the premises where the licensed sale is being conducted may be connected with, represent or imply any participation in or cooperation with such sale at other locations.

(c)

No license under this section authorizes or shall be issued to any person to:

(1)

Conduct a sale in the trade name or style of a person in whose goods the applicant for the license has acquired a right or title thereto within six months before applying for the license.

(2)

Continue a sale in the name of a licensee under this section whose goods such person acquired a right or title to while such a sale is in progress.

(3)

Conduct a sale, other than an insurance sale, a salvage sale or a sale of damaged goods, on the same premises within one year from the conclusion of a prior sale of the nature covered by this article.

(d)

A license to conduct a sale issued pursuant to this article is valid only up to 30 days.

(e)

A license issued under this article may be renewed not more than twice for a period not to exceed 30 days for each renewal upon affidavit of the licensee that the goods listed in the inventory have not been disposed of and that no new goods have been or will be added to the inventory previously filed pursuant to this section, by purchase, acquisition on consignment or otherwise.

(1)

The application for renewal of the license shall be made not more than five days prior to the time of the expiration of the license and must include a new inventory of goods remaining on hand at the time the application for renewal is made, which new inventory shall be prepared and furnished in the same manner and form as the original inventory.

(2)

No renewal shall be granted if any goods have been added to the stock listed in the inventory since the date of the issuance of the license.

(Ord. No. 2171, § 8, 10-25-21)

(a)

No person in contemplation of conducting a sale under a license under this article shall order or purchase any goods for the purpose of selling and disposing of those goods at such sale. Each unusual purchase and additions to the stock of goods within 60 days prior to the filing of the application for license to conduct a sale under this article will be presumptive evidence that the purchases and additions to stock were made in contemplation of the sale and for the purpose of selling those goods at the sale and will be presumptive evidence of a violation of this article. Each constitutes a separate offense under this section and voids any license issued to conduct a sale under this article.

(b)

No person conducting a sale under a license under this article shall add, during the sale, any goods to the stock of goods described and inventoried in the original license application. No goods shall be sold at or during the sale, except goods described and inventoried in the original application. Every addition of goods to the stock of goods described and inventoried in the application and each sale of goods not inventoried and described in the application, will be presumptive evidence of a violation of this article and each will constitute a separate offense under this article, and will void a license issued under this article.

(c)

A license issued under this article is valid only for a sale of the goods inventoried and described in the license application, in the manner and at the time and place stated in the application. Removal of any goods listed in the application from the place of sale stated in the application will cause those goods to lose their identity as the licensee's stock of goods for the licensed regulated sale and no license will be issued for conducting a sale of any of such goods removed from the place stated in the application at any other place.

(d)

The following unfair and deceptive business practices are strictly prohibited in the course of a sale under this article:

(1)

Causing a probability of confusion or misunderstanding as to the source, sponsorship, approval, or certification of the goods.

(2)

Representing that goods have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have.

(3)

Representing that goods are new if they are deteriorated, altered, reconditioned, used, or secondhand.

(4)

Representing that goods are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.

(5)

Disparaging the goods of another by a false or misleading representation of fact.

(6)

Advertising or representing goods with the intent not to dispose of the goods as advertised or represented.

(7)

Making a false or misleading statement of fact concerning the reasons for, existence of, or amounts of price reductions, including, but not limited to, advertising and/or conducting a going out of business sale when the business continues to operate and advertising and/or conducting a removal sale when the business continues to operate at its current location.

(8)

Failing to reveal a material fact, the omission of which tends to mislead or deceive the consumer, and which fact could not reasonably be known by the consumer.

(9)

Making a representation of fact or statement of fact material to the transaction such that a person reasonably believes the represented or suggested state of affairs to be other than it actually is.

(10)

Using any other deceptive representations in connection with the sale of goods.

(Ord. No. 2171, § 8, 10-25-21)

No person shall engage in the business of removing snow by motor vehicles from the streets, sidewalks, driveways, parking lots or private property in the city without first having obtained a license therefor. The application shall include: the applicant's name, address, and telephone number; the name, address, telephone number, cell phone number, and e-mail address of the principal contact(s) for the applicant; and a description including the manufacturer, model, color, vehicle identification or serial number, and, if licensed for use on public roads, the license plate number of each truck, tractor, loader, or other vehicle the applicant may use when moving, removing or plowing snow in the city.

(a)

The application shall be accompanied by a license fee in an amount established by resolution of the city council. The amount of the fee may be based on the number of vehicles that may be used for moving, removing or plowing snow in the city.

(b)

The application shall be accompanied by current certificates of insurance showing the applicant has no-fault automobile and commercial general liability insurance coverage for the applicant's vehicles and business that is in compliance with the city's policy on public liability insurance.

(c)

An applicant (or, once a license is issued, a licensee) shall update the list of vehicles that may be used to provide services in the city to coincide with vehicles actually used within the city by sending written notification to the city clerk referring to the name on its city license, its city license number, and a description including the manufacturer, model, color, vehicle identification or serial number, and, if licensed for use on public roads, the license plate number of each additional vehicle used in the city.

(d)

Dump trucks or other vehicles used exclusively for hauling snow shall be exempt from the licensing provisions of this article. Dump trucks or other vehicles with blades, buckets, blowers or other equipment used to move, load, or lift snow or ice are not exempt from the licensing provisions of this article.

(Code 1958, § 3-1400; Ord. No. 277, § 1, 1-24-66; Ord. No. 320, § 1, 11-27-67; Ord. No. 2171, § 9, 10-25-21)

Editor's note— Ord. No. 2171, § 9, adopted Oct. 25, 2021, repealed § 7-151, which pertained to License—Insurance prerequisite to issuance and derived from Code 1958, § 3-1401; Ord. No. 277, § 1, adopted Jan. 24, 1966; Ord. No. 320, § 1, adopted Nov. 27, 1967; Ord. No. 330, § 1, adopted Dec. 26, 1967.

It shall be unlawful for any licensee under this article to operate a motor-driven vehicle upon any street, sidewalk or highway within the city in such a manner so as to create a nuisance or a hazard which would endanger the safety of the public.

(Code 1958, § 3-1402; Ord. No. 277, § 1, 1-24-66)

Cross reference— Public nuisances generally, Ch. 17, Art. II.

No licensee under this article shall shovel, plow, brush or heap any snow, ice or other materials into piles or ridges in or upon any street or other public place and in all instances where ice or snow is piled, plowed, shoveled, brushed or moved about, it shall be uniformly scattered in such a manner as to have the same level and not in any way interfere with public travel upon the streets, sidewalks or public highways.

(Code 1958, § 3-1403; Ord. No. 277, § 1, 1-24-66)

In addition to grounds set forth elsewhere in this Code, any of the following are grounds for denying a license under this article or for the suspension, revocation, or nonrenewal of a license under this article after it is issued:

(a)

Violation of this chapter or of any other provision of this Code.

(b)

Failure to repair any damage to any public or private property resulting from any activities undertaken pursuant to a license issued under this division.

(c)

Information about incidents involving: (i) the applicant/licensee; (ii) any of the applicant/licensee's directors, members, officers, or employees; or (iii) agents of the applicant/licensee, such as, for example, individuals operating any vehicles or other equipment for the applicant/licensee that lead the city clerk to determine that activities of the applicant/licensee or those identified in subparagraphs (i) through (iii) under a license issued pursuant to this division may result in injuries to individuals or damage to property.

(d)

Information that the applicant/licensee's insurance coverage has expired, lapsed, been terminated or is otherwise reduced.

(e)

The applicant/licensee or the applicant/licensee's owner was convicted of, entered a guilty plea to, or entered another plea having the same effect as a guilty plea for sentencing purposes to a crime involving the destruction of property, "road rage," driving under the influence of or while impaired by alcohol, marijuana, or a controlled substance, fraud, deceit, trespass, unlawful entry, or theft.

(Ord. No. 2171, § 9, 10-25-21)

(a)

The city clerk shall review the application and supporting materials to determine whether they are complete and include all required information. In the city clerk's discretion, the city clerk may consult with others to determine whether any grounds exist for denying issuance or renewal of a snow plowing license.

(b)

If the city clerk determines after reasonable review that an application and supporting materials for a snow plowing license are complete, the applicable fee(s) paid, and there are no grounds for denial or nonrenewal, the city clerk shall issue the snow plowing license in a form prepared by the city clerk. The clerk shall provide enough certified copies of the license to enable the licensee to keep one certified copy in each of the licensee's vehicles used in the city.

(c)

The license term shall expire on September 30 following its issuance unless the license is issued after July 1 of any year, in which case it shall expire on September 30 of the following calendar year.

(d)

Provided the city clerk determines there are no grounds for nonrenewal, a snow plowing license may be renewed for successive one-year terms upon payment of the annual license fee to the city clerk and filing of updated information on the application with updated supporting materials.

(e)

A licensee must keep a certified copy of a license issued under this division in each of the licensee's vehicles used to provide services in the city. That copy must be presented, upon request, to any city police officer, fire fighter, code inspector, or other city officer or employee authorized to issue municipal civil infraction citations or traffic citations or otherwise charged with enforcing city ordinances.

(Ord. No. 2171, § 9, 10-25-21)

If the city clerk determines there are grounds for denial, suspension, revocation or nonrenewal of a snow plowing license as provided in this chapter or in section 7-27, the city clerk shall inform the applicant/licensee of the appeal procedure under section 7-33 of this Code.

(Ord. No. 2171, § 9, 10-25-21)

(a)

In addition to all equipment and lighting required by state law or another provision of this Code, any vehicle used for services provided in the city shall be equipped with a flashing, oscillating or rotating amber light placed in such position as to be visible throughout 360 degrees, which light shall be operated at all times that the vehicle is being used to move, remove or plow snow.

(b)

Any vehicle used to provide services in the city shall plainly display on both sides of the vehicle, with letters and numbers at least three inches in height, the licensee's name and telephone or cell phone number as they appear on the licensee's application.

(Ord. No. 2171, § 9, 10-25-21)

Any person violating any provision of this article or any regulation promulgated under it for which a penalty is not specifically prescribed shall, upon conviction thereof, be punished as provided for in section 1-7 of this Code.

(Ord. No. 2171, § 9, 10-25-21)

[(a)]

When a fire detection system, burglar alarm, or other alarm device is activated, the city's fire department and/or police department respond to protect the lives and property of the citizens and businesses of the city. This rapid response requires the fire department and/or police department to place numerous emergency vehicles on the streets, which inherently increases the dangers to members of the fire and/or police departments, and to the citizens of the city. Although the city supports and encourages the use of alarm systems to signal the presence of a danger or hazard requiring urgent attention or to which police and/or firefighters are expected to respond, malfunctions of such systems result in increased dangers and unnecessary expense.

Therefore, the purpose of this article is to encourage alarm users throughout the city to maintain operational reliability and properly use alarm systems in a manner which will reduce false alarm responses by the police department and fire department, thereby reducing and preventing the misuse of police and fire resources at taxpayer expense. Communities throughout the nation have found that the use of a regulatory ordinance designed to first encourage remedial measures, with progressively increased penalties imposed for failure to implement such measures, significantly reduces the overall number of false alarms. Therefore, in order to further public safety and welfare, and to reduce the undue burden incurred by taxpayers for false alarm responses, the city council hereby enacts this article which shall be known as "The City of Madison Heights Alarm Ordinance."

[(b)]

Definitions. [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Alarm system. A detection device or an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention or to which police and/or firefighters are expected or requested to respond. The term includes any system that can electronically cause an expected response by a law enforcement agency or fire/emergency services agency to a premises by means of the activation of an audible signal, visible signal, electronic notification, or video signal, or any combination of these signals.

The term alarm system shall include, but shall not be limited to, the following types of devices: "Automatic holdup alarm," "burglar alarm," "intrusion alarm," "holdup alarm," "panic alarm," "personal emergency response alarm," "medical alarm," "temperature fire alarm," "manual fire alarm," "fire alarm," "automatic sprinkler," and/or "water flow alarm." Alarm systems designed solely to alert or signal persons within the premises in which the alarm system is located shall not be regulated by this article, unless such alarm systems employ an audible signal emitting sounds, or flashing lights or beacons, or "silent" signals to emergency officials or monitoring agencies, designed to signal persons outside the premises.

Alarm user. The person, partnership, corporation, company, or other entity who requested the installation of the alarm system, or who has either an ownership interest in the premises, a leasehold interest, or who occupies the premises, or who has some dominion and control over the premises, where the alarm system is installed and operating. In the event the premises are owned or occupied by a partnership, corporation, or other entity, each owner, officer, partner, or operator shall be deemed to be an alarm user. For purposes of prosecuting violations of the penal provisions of this article, and for purposes of collecting fees incurred for false alarms, the person or entity whose name appears as being associated with the property protected by the alarm system on the most recent assessment roll approved by the board of review, as updated, and/or whose name appears in the city's business or alarm license records, shall be presumed to be the alarm user.

Cost of response. The fee established by the annual fee resolution adopted by the city council which is reasonably calculated by the police or fire department and the finance department to recover all, or a portion of, the actual cost to the city for response to false alarms and related investigation. The cost of response may include costs for the use of equipment, the expenditure of department resources, the cost of contracted assistance or services, and the wages and benefits for each department employee who responds or assists with the response to the false alarm in accordance with lawful and established police, fire or 9-1-1 protocol. The fee may be adjusted annually by the city council, not to exceed the city's actual cost.

False alarm. The activation of an alarm system causing a sound or visual signal through mechanical failure, faulty equipment, malfunction, improper installations, lack of testing and/or lack of prudent maintenance, or the negligence of an alarm user or of his, her, or its employees, agents, guest, residents, or invitees. False alarms that are intentionally activated shall not constitute a false alarm for purposes of this article, but may be prosecuted as criminal offense. An alarm triggered by an animal shall constitute a false alarm. A false alarm shall be presumed when an alarm is tested without prior notice to the city, and when a police department investigation reveals no evidence of criminal activity, or illegal entry or an attempt thereof, or in the case of a false fire alarm, when a fire department investigation reveals no fire or potential fire, or need for medical attention, upon the activation of the alarm system, with the following exceptions:

a.

Activation by tornadoes, storms, or other violent conditions beyond the control of the alarm user.

b.

False alarms activated by disruption or disturbance of private or public utility company facilities.

c.

Testing of the alarm system after prior notification has been received by the police department and/or fire department.

d.

Intentional and non-malicious activation of an alarm or emergency response system due to a real or perceived need for fire, police, or medical assistance, regardless of whether fire, police, or medical assistance was actually necessary.

This article and the definition of "false alarm" are intended to facilitate the more efficient use of police and fire resources for true emergencies and for people who genuinely believe they need police or fire assistance. The focus of this article is on mechanical failure, faulty equipment, improper installations, and the negligence of alarm users. The article is not intended to discourage or otherwise inhibit the use of alarms or 9-1-1 systems to seek emergency assistance. Therefore, this article shall always be construed in a manner that serves to prompt residents and businesses to correct mechanical and operational alarm system deficiencies, but which does not discourage residents and businesses from seeking emergency help.

(Ord. No. 1061, § 1, 5-11-09)

No person, partnership, corporation, company or other entity shall install, operate or maintain an alarm system in the City of Madison Heights until such person, partnership, corporation, company or other entity has first obtained the required permits from the city for the installation, operation and/or maintenance of an alarm system.

(Ord. No. 1061, § 1, 5-11-09)

Notwithstanding the provisions herein, all persons, firms or corporations owning, leasing or occupying premises upon which an alarm system is installed and maintained shall obtain a permit from the City of Madison Heights. The owner, lessee or occupant of the premises shall provide the city with the following information:

(1)

Address.

(2)

Name of business/resident.

(3)

Telephone number at alarm system location.

(4)

Name and telephone number of at least two persons who can respond to alarms after hours and within 30 minutes of being summoned.

(5)

Name and telephone number of the alarm company.

(6)

The type of alarm.

Permit fees under this article shall be established by resolution of council.

Alarm users shall be jointly and severally responsible for violations of this article. The payment of false alarm response costs, fines, or fees shall not be construed to conflict, contravene, enlarge, or reduce any civil or criminal liability of the person or entity billed for the response costs, except to the extent that such responsibility arises out of this article.

(Ord. No. 1061, § 1, 5-11-09)

No owner, lessee or occupant of a premises shall maintain an alarm system which emits an audible signal (bells, horns, sirens, etc.) and/or visual signal flashing lights, etc. for a period of longer than 15 minutes from the time of the initial signaling of the device. This section shall not apply to fire alarms systems.

Alarm systems equipped with audible and/or visual devices that are not fitted with shutoff devices shall be subject to deactivation by the police or fire department. Additionally, the owner, lessee or occupant shall be subject to a shutoff fee plus any resulting false alarm fee established by a resolution adopted by the city council.

(Ord. No. 1061, § 1, 5-11-09)

(a)

The occurrence of a false alarm shall constitute a violation of this ordinance. To ensure that all alarm systems are properly maintained in good operating order and to minimize the cost to the city for false alarms, alarm users shall be held responsible as provided in this section. Notwithstanding any penalties provided for convictions for violation of this ordinance, and notwithstanding the fact that a prosecution for violation of this ordinance has or has not been commenced, alarm users shall pay to the city a fee or fine provided in this section, for each false alarm, and shall also be held responsible as follows:

*

Alarms within a consecutive 12-month period.

**

Cost of response is determined by city council fee resolution.

***

Faulty fire alarm systems may constitute a hazard to occupant safety. Inspections as well as proof of repair or modification may be required as the result of any false fire alarm, as determined by the fire chief or his designee.

(b)

The city treasurer shall administer the invoicing for assessment of false alarm fees established by this article. All notices requiring payment of fees shall include the following statement: "A person aggrieved by this false alarm determination may submit a letter of appeal to the city manager within twenty (20) days of the billing date, for review of the determination or penalty being appealed, as provided in this ordinance of the City Code of Ordinances." The notice shall be mailed to the alarm user at his, her, or its last known address, based upon city tax, business license, or alarm license records, by first class mail following the false alarm occurrence. The notice shall indicate the occurrence of the false alarm and the potential penalties, as set forth in this article, for future false alarm occurrences.

(c)

An alarm user who is liable under this article for the payment of the cost of police or fire response shall make payment in full to the city treasurer within 30 days of the invoice date.

(d)

A person or entity liable for the payment of the cost of police response and/or the cost of fire response who fails to make payment in full to the city treasurer within 30 days of the invoice date shall have their permit revoked, and shall be subject to a misdemeanor violation and for full payment of the cost of the police and/or fire responses, and for an administrative fee established by the annual fee resolution to reimburse the city for a portion of its administrative costs incurred for pursuing and processing the overdue invoice. In the event that the alarm user appeals pursuant to the appeal provisions of this article any such payment shall be due to the city treasurer within ten days of the date of the appeal decision.

(e)

When payment of the city treasurer's invoice is not made within 30 days the city shall have the following recourse:

(1)

The city may commence a civil action against a person who is liable for the payment of the cost of police response and/or the cost of fire response and who fails to make payment in full to the city treasurer as required by this article. The city shall be entitled to recover the cost of the response and any additional fees, statutory interest, court costs, and reasonable attorney fees incurred for pursuing the civil action.

(2)

Any invoice, including any additional fees, which remains unpaid for 90 days from the invoice date, and which is not being reviewed pursuant to the appeal provisions of this article, shall constitute a lien against the against the premises to which the police department and/or fire department responded. All unpaid fees shall be entered as a lien on the next tax roll.

Exception. When the premises to which the police or fire department responded are not owned by the alarm user responsible for the alarm system which generated a false alarm (i.e., leaseholders), the invoice shall not constitute a lien against the premises, nor shall it be entered upon the tax roll. Instead, the individual or entity shall be cited for a misdemeanor as set for in paragraph (d). The individual(s), or the owner(s) and operator(s) of entities, who fails to respond to a misdemeanor citation shall be ordered to show cause why he/she/they should not be held in contempt of court for failure to respond or otherwise appear for court.

(3)

The alarm user may be cited for a misdemeanor violation pursuant to paragraph (d) of this section.

(f)

The occurrence of six or more false alarms requiring a police or fire response within a 12-month period is deemed to be a public nuisance. After the occurrence of a sixth such false alarm within a 12-month period, the city attorney is authorized to seek abatement of the nuisance in conjunction with a misdemeanor prosecution in the district court for violation this article. In the event that the district court action does not result in an order requiring abatement of the nuisance, the city council may authorize the city attorney to initiate civil proceedings in the Oakland County Circuit Court for court-ordered abatement of the nuisance and recovery of the expenses, statutory interest, court costs, and reasonable attorney fees incurred for pursuing the civil action.

(Ord. No. 1061, § 1, 5-11-09; Ord. No. 2118, § 1, 1-9-17)

(a)

Alarm users or persons otherwise aggrieved by receipt of a warning letter for the occurrence of a false alarm, or by a false alarm determination that results in the imposition of a fee for the cost of a police response and/or fire response may submit a letter of appeal to the city manager for review of the determination of a false alarm occurrence. Such appeal letters must be submitted within 20 days of the date of the warning letter or fee invoice. Persons or entities who are charged with a misdemeanor, may not avail themselves of this appeal provision, but may instead defend against the charge in the district court if desired. The fees prescribed by the city council may not be appealed or modified by appeal; only the actual determination of a false alarm occurrence may be appealed pursuant to this article. The following appeal process shall be afforded upon receipt of an appeal letter:

(1)

Upon receipt of an appeal letter, the city manager shall forward a copy of the letter, and any supporting documentation submitted, to the police chief and the fire chief for review.

(2)

The police chief and fire chief shall independently review the letter and, within 30 days, advise the city manager in writing whether, after reasonable investigation, the appeal should be granted. In order to recommend that an appeal be granted, the independent review must result in the conclusion that the original false alarm determination was clearly erroneous. To reach such a conclusion, irrefutable evidence must support the finding that the occurrence did not fit the definition of "false alarm" set forth in this ordinance.

(3)

In the event that the police chief and the fire chief both agree that the appeal has no merit, or that the appeal should be granted, such unanimous decision shall be final. In the event that the police chief and fire chief disagree about the merit of the appeal, and thereby render opposing recommendations, the city manager shall decide the matter based upon his or her review of the conclusions of the police chief and fire chief, subject to the standards set forth in subparagraph (2). The city manager's decision shall be rendered in writing in no later than 60 days from the date the appeal was received by the city, unless the city manager issues a written notice that the review is subject to extraordinary circumstances that require up to an additional 30 days in order to complete the review. The city manager's decision shall be final, and if fees must be paid by the alarm user pursuant to this article, such fees shall be paid within ten days of the date the city manager forwards the final decision to the appellant via first class mail or personal service.

(4)

If an appeal is granted, the result shall be that the determination of a false alarm shall be overturned, and the alarm occurrence shall not be counted with future false alarm occurrences for purposes of the progressive penalties in this article. If the appeal is denied, the result shall be that the determination of a false alarm shall stand, and the false alarm occurrence may be counted with future false alarm occurrences for purposes of the progressive penalties in this article.

(5)

Previous false alarm determinations may not be appealed after a subsequent false alarm occurrence is determined to have occurred by the police or fire department.

(Ord. No. 1061, § 1, 5-11-09)

Any misrepresentation by an alarm contractor or any person, partnership, corporation, company or other entity in the business of providing for the installation, operation or maintenance of alarm systems or their agents or employees as to the repair services rendered to an alarm system shall be a misdemeanor.

(Ord. No. 1061, § 1, 5-11-09)

Whenever a single building contains more than one occupant, and each such occupant has a separate entrance, such occupants shall be required to have separate alarm systems for each business located in such building. Whenever a multiple-housing residential structure shall have separate entrances for each living quarter, each separate entrance to the living quarter shall contain separate alarm systems. This section shall not apply to fire alarm systems.

(Ord. No. 1061, § 1, 5-11-09)

It shall be the obligation of any person, firm or corporation owning, leasing or occupying the premises desiring to test an alarm system to notify, in advance of such test, the dispatcher in the communication section of the police (not fire) department if a fire alarm, medical emergency alarm or any other type of alarm system is being tested. Failure to take the above action shall be determined to be a false alarm.

(Ord. No. 1061, § 1, 5-11-09)

The City of Madison Heights Police Department and Fire Department may adopt, subject to the council's approval, such rules and regulations as may be necessary to implement the purposes of this ordinance.

(Ord. No. 1061, § 1, 5-11-09)

No provision of this article excuses or excepts any person, partnership, corporation, company or other entity from compliance with any other provisions of the Code of the City of Madison Heights relating to alarm systems.

(Ord. No. 1061, § 1, 5-11-09)

Any violation of this article shall be a misdemeanor punishable by a fine of not less than $100.00, nor more than $500.00, and/or 90 days in jail. Each day a violation continues shall be deemed a separate offense.

(Ord. No. 1061, § 1, 5-11-09)

(a)

No person, firm or corporation shall install, operate and/or maintain an alarm system within the City of Madison Heights without a permit or after such permit has been revoked or without having obtained a new permit after said revocation.

(b)

Defective system: An alarm system signaling more than five false alarms within a 12-month period of time shall be inspected and modified to be more false alarm resistant. Upon written notice, the owner or alarm user of the building or residence shall have the alarm system inspected and modified, at the owner or user's expense, by a licensed alarm system contractor within 14 days of the date of the notice, and shall forward to the police department and/or fire department the contractor's report of the probable cause of the false alarms and the measures instituted to eliminate same.

(c)

Failure to have an alarm system inspected after the written notice is issued pursuant to paragraph (b) shall constitute a misdemeanor.

(Ord. No. 1061, § 1, 5-11-09)

For the purpose of the provisions of this chapter, the following words and phrases shall be construed to have the meanings herein set forth:

Customer: Any person who receives services at a massage parlor or massage establishment with or without cost.

Employee: Any person who renders any service in connection with the operation of a massage parlor or message establishment.

Licensee: The person or entity to whom a business license has been issued to own or operate a massage parlor or massage establishment as defined herein.

Massage: The application of a system of structured touch, pressure, movement, and holding of the soft tissue of the human body in which the primary intent is to enhance or restore the health and well-being of the client. Massage also includes complementary methods, including the external application of water, heat, cold, lubrication, salt scrubs, body wraps, or other topical preparations; and electromechanical devices that mimic or enhance the actions possible by the hands. Massage does not include medical diagnosis; practice of physical therapy; high-velocity, low-amplitude thrust to a joint; electrical stimulation; application of ultrasound; or prescription of medicines.

Massage parlor/sauna/spa: Any business establishment whose principal business is the practice of massage as defined in this section, and which has a fixed place of business where any person, firm, association or corporation carries on any of the activities as defined in this section, as the principal use or as an incidental or accessory use, in excess of the limits provided in the definition of massage establishment. A massage parlor is a regulated use pursuant to Section 10.502A of the Madison Heights Zoning Ordinance and requires a special approval use permit from city council.

Massage establishment: Any business where the practice of massage is performed incidental or accessory to a permitted principal use. The area used for massage may not exceed ten percent of the businesses' total floor area and may not exceed three work areas. This includes uses such as a health club, health spa, physical fitness club, hair salon or other business that customarily offers massage on occasion and incidental or accessory to its principal operation.

Massage therapist: Any person who engages in the practice of massage as defined in, and licensed under, P.A. 471 of the Public Acts of 2008, MCL 333.16334 et seq.

Outcall massage service: Any service, the function of which is to engage in, or carry on, massage at a location designated by the customer or client other than a licensed massage parlor or massage establishment as defined in this section.

Person: Any person, partnership, corporation, company or other entity of whatever form or character.

Sexual or genital area: Genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.

(Ord. No. 1063, § 1, 10-12-09)

(a)

Business license required. Each massage parlor or massage establishment shall have in effect at all times a valid business license issued by the City of Madison Heights pursuant to the provisions of this article for each business location operated by such business. The application, and the license, shall clearly state that the business is a massage parlor or massage establishment.

(b)

Massage therapist license required. No person shall be employed as, or practice massage unless he or she has a valid massage therapist license issued by the State of Michigan.

(c)

Responsibility of owner, etc. It shall be the responsibility of an owner, operator, manager or licensee hereunder to ensure that each person employed or engaged by him or her in said business as a massage therapist shall have a valid State of Michigan massage therapist license. It is understood that the owner, operator, manager or licensee is deemed aware of, and responsible for, all activities and the actions of all employees.

(Ord. No. 1063, § 1, 10-12-09)

This article shall not apply to:

(1)

Medical practitioners licensed by the State of Michigan Board of Medicine.

(2)

Barbers and cosmetologists who are licensed by the State of Michigan Board of Barber Examiners or Board of Cosmetologists except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer for cosmetic or beautifying purposes.

(3)

An athletic trainer licensed by the State of Michigan under P.A. 54 of the Public Acts of 2006, MCL 333.16336 et seq.

(4)

The practice of massage that is an integral part of a program of study by students enrolled in a school, provided that they are identified as students and provide massage services only while under the supervision of a licensed massage therapist.

In any prosecution for a violation of this article, the foregoing exemptions shall constitute affirmative defenses and it shall be incumbent upon the defendant to show that he or she or the place involved are not subject to the provisions of this article. Nothing herein contained shall be deemed to shift the burden of proof of the violation to the defendant.

(Ord. No. 1063, § 1, 10-12-09)

Every applicant for a license to maintain, operate or conduct a massage parlor or massage establishment shall file an application under oath with the city clerk's office upon a form provided by the city clerk and pay a nonrefundable application and background investigation fee. The application shall contain the following information:

(1)

A definition of service(s) to be provided.

(2)

The location, mailing address and all telephone numbers where the business is to be conducted.

(3)

The name and residence address of each applicant for the past ten years.

a.

If the applicant is a corporation, the names and residence address of each of the officers and directors of said corporation, the address of the corporation itself, if different from the address of the massage establishment, and the name and the business and residence address of the resident agent.

b.

If the applicant is a partnership, the name and residence address of each of the partners and the partnership itself, if different from the address of the massage establishment.

(4)

Individual or partnership applicant's height, weight, sex, date of birth, color of eyes and hair.

(5)

Either a Social Security number, driver's license number or State I.D. number, and the date of birth for each applicant.

(6)

Two portrait photographs of the applicant at least two inches by two inches. If the applicant is a corporation provide photographs of the president and if a partnership provide photographs of each partner, including a limited partner in said partnership.

(7)

Business, occupation, or employment of the applicant for the three years immediately preceding the date of application, including the name, address and telephone number of any and all employers.

(8)

The massage or similar business history of the applicant; whether such person has previously operated in this or another city or state, has had a business license revoked, suspended or denied, the reason therefore, and the business activity or occupation subsequent to such action of suspension, revocation, or denial.

(9)

All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crime and place convicted; including those outside of the State of Michigan.

(10)

A copy of a valid State of Michigan massage therapist license for each person who is, or will be, employed in said establishment.

(11)

The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in subsection (3) above, wherein the business or profession of massage is carried on.

(12)

A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

(13)

Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license.

(14)

All information required by this section, including any background investigation, shall be provided at the applicant's expense. Upon completion of the above provided form and the furnishing of all foregoing information, the City of Madison Heights shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the City of Madison Heights of any change in any of the dates required to be furnished by this section within ten days after such change occurs.

(15)

Massage parlor or massage establishment licenses shall be renewed annually.

(Ord. No. 1063, § 1, 10-12-09)

City council shall establish massage parlor and massage establishment initial and renewal license fees by resolution. All fees shall be paid in full prior to the issuance of a license.

(Ord. No. 1063, § 1, 10-12-09)

(a)

Investigation. Any applicant for a license pursuant to this article shall present to the city clerk's office the application packet containing the aforementioned and described information. Upon receipt of such application; the city clerk will refer same to the chief of police, fire marshal, community development department, treasurer and such other city officers or employees as he or she may desire, who shall cause a thorough investigation, including a complete history of past business experience and state or local law violations, if any, to be made of the persons or premises which must meet or exceed codes. The building official and the fire marshal shall inspect the premises proposed to be devoted to the massage parlor, message establishment or similar business and shall notice all violations of this article, and all other applicable city ordinances and regulations to the applicant. All said violations shall be corrected and inspected prior to issuance of a license. The findings resulting from such investigations shall be reported to the city clerk. If the application is approved by all departments the clerk shall forward the application to the city council for its consideration.

(b)

License approval. An applicant for a license will be required to appear before the city council and answer any questions pertaining to such plans. If the city council is satisfied that all the criteria set forth herein for a license have been met, it may grant approval of the license, subject to any conditions contained in the approval.

(c)

Denial. In the event that an initial application is denied by a department based on grounds contained in sections 7-27, 7-32 and 7-218, the clerk shall notify the applicant of the denial and advise the applicant of the right to appeal pursuant to section 7-33.

(d)

Continued compliance. Applicants for massage parlor or massage establishment licenses shall continue to comply with all applicable state and city regulations, including any conditions of the business license, and will operate premises consistent with any representations made to the city council in obtaining the license. Failure of such compliance may result in the refusal by the city council to renew a license or in revocation of the licenses.

(Ord. No. 1063, § 1, 10-12-09)

Upon compliance with the terms and provisions of this article, and upon payment in full of the required fee, the city clerk shall issue a license. Evidence of the license shall bear the signature of the city clerk.

(Ord. No. 1063, § 1, 10-12-09)

(a)

Grounds for mandatory denial. No license for the operation of a massage parlor or massage establishment shall be issued if any department of the city determines that one or more of the following conditions exists:

(1)

Any mandatory cause or grounds for denial contained in section 7-27.

(2)

The correct license fee has not been tendered to the city and in the case of a check, or bank draft, honored with payment upon representation.

(3)

The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city's building, zoning and health regulations.

(b)

Grounds for permissive denial. The city may deny a massage parlor or massage establishment license if any of the following conditions exist. Applicants may appeal such denial pursuant to section 7-33.

(1)

Any permissive cause or grounds for denial contained in sections 7-27.

(2)

The applicant has knowingly made any false or fraudulent statement of fact in the license application or in any document required by the city in conjunction therewith.

(3)

The applicant has had any massage related business, massage therapist, or other similar permit or license denied, revoked or suspended by the city or any other local, county or state agency within ten years prior to the date of the application.

(4)

The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years.

(5)

The location proposed or methods of operation have, or will, detrimentally and unreasonably impact nearby property owners, businesses and residents.

(Ord. No. 1063, § 1, 10-12-09; Ord. No. 2171, § 10, 10-25-21)

Every individual, corporation, partnership or association licensed under this article shall display the city license, and the state massage therapist license for every therapist, in a conspicuous location visible to the general public.

(Ord. No. 1063, § 1, 10-12-09)

The licensee, or the person designated by the licensee, of a massage parlor or massage establishment, shall maintain a register of all persons employed or engaged as massage therapist. Included in the register will be a copy of each massage therapist license and the start and termination date of the employment. Such register shall be available at the massage parlor or massage establishment for inspection by representatives of the City of Madison Heights or county or state departments during regular business hours.

(Ord. No. 1063, § 1, 10-12-09)

Application to renew a license to operate a massage parlor or massage establishment or similar business shall be filed at least 45 days prior to the date of expiration. Such renewal shall be annual and shall be accompanied by the annual fee.

(1)

The applicant shall present all of the following information to the city clerk's office at the time of application including a sworn affidavit by the applicant stating that the matters contained in the original application have not changed, or if they have changed, specifically stating the changes which have occurred. Incomplete application packets will not be accepted.

(2)

The application shall be referred to the chief of police who shall investigate the criminal history of the applicant. Failure to submit an application or failure to submit a complete application shall result in the non-renewal of the license.

(3)

In the event the renewal is denied, the applicant may appeal pursuant to section 7-33. The hearing officer shall consider whether a licensed establishment has been operated during the existing license years in a manner consistent with the provisions of this article and all other applicable laws and regulations of the City of Madison Heights and the State of Michigan.

(Ord. No. 1063, § 1, 10-12-09)

Each establishment within the city for which a massage parlor or massage establishment license is granted shall be operated and maintained in accordance with all applicable laws and regulations of the City of Madison Heights and the State of Michigan. Upon any violation of this article, pursuant to sections 7-27 and 7-218, the hearing officer, may, after notice and hearing, revoke such license pursuant to the procedure in section 7-33.

(Ord. No. 1063, § 1, 10-12-09; Ord. No. 2171, § 10, 10-25-21)

No license to conduct a massage parlor or massage establishment shall be issued unless inspectors of the City of Madison Heights certify that the establishment complies with each of the following minimum requirements:

(1)

All provisions of the applicable building, fire, property maintenance and health codes have been fulfilled.

(2)

A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage parlor or massage establishment; all signs shall comply with the sign permit requirements of the City of Madison Heights.

(3)

There shall be no entrance or exit way which provides direct access to another type of business, residence or living quarters.

(4)

During business hours no exits shall be locked or obstructed in any way to prevent the immediate free ingress or egress of persons.

(5)

Adequate bathing, dressing, locker, and toilet facilities shall be provided for customers. A minimum of one tub or shower, and if clothing and personal property is not kept with the customer, a separate locker for each customer to be served, which shall be capable of being locked, If male and female customers are to be served simultaneously at the establishment, separate bathing, dressing, locker, toilet facilities and massage rooms shall be provided.

(6)

The premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each customer.

(7)

Closed cabinets shall be provided and used for the storage of clean linens, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept separate from the clean storage areas. No common use of towels or linens shall be permitted.

(8)

A minimum of one separate wash basin shall be provided in each massage parlor for the use of employees of any such establishment, the basin shall provide soap or detergent and hot and cold water and all times, and shall be located within or as close as practical to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin sanitary towels placed in permanently installed dispensers.

(Ord. No. 1063, § 1, 10-12-09)

(a)

Every portion of the massage parlor or massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

(b)

Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.

(c)

The premises shall not be made available for accommodating any person as sleeping quarters. No beds, water mattresses, cots, or equipment designed for sleeping shall be permitted on the premises.

(d)

No massage shall be performed in a private room which is completely closed off to the view of other persons nor fitted with a door capable of being locked or barred. Measures may be used to offer privacy to customers such as partitions, walls and curtains.

(e)

All employees attending customers shall be clean and wear clean uniforms covering the torso. Such uniforms shall be nontransparent and of washable material and shall be kept in a clean condition. Such clothing shall cover the human genitals, pubic region or pubic hair; buttock or female breast or breasts or any portion thereof that is situated below a point immediately above the top of the areola; or any combination of the foregoing.

(f)

All massage parlor or massage establishments shall be provided with clean laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.

(g)

No massage parlor or massage establishment granted a license under the provisions of this article shall place, publish, or distribute or cause to be placed, published, or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.

(Ord. No. 1063, § 1, 10-12-09)

No person shall permit any person under the age of 18 years to come or remain on the premises of any massage parlor or massage establishment, as a massage therapist, employee, or customer.

(Ord. No. 1063, § 1, 10-12-09)

No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage parlor or massage establishment.

(Ord. No. 1063, § 1, 10-12-09)

No massage parlor or massage establishment shall be kept open for any purposes between the hours of 2:00 a.m. and 8:00 a.m.

(Ord. No. 1063, § 1, 10-12-09)

(a)

It shall be unlawful for any person in a massage parlor or massage establishment to touch, fondle or massage the sexual or genital area of another person, or any portion thereof.

(b)

It shall be unlawful for any person in a massage parlor or massage establishment to touch, fondle or massage his or her sexual or genital area, or any portion thereof.

(c)

It shall be unlawful for any person in a massage parlor or massage establishment to expose his or her sexual or genital area, or any portion thereof.

(d)

It shall be unlawful for any employee, while in the presence of any other person in a massage parlor or massage establishment, to fail to conceal the sexual or genital area of his or her body with a fully opaque covering.

(e)

It shall be unlawful for any person owning, operating or managing a massage parlor or massage establishment to permit any agent, employee, or any other person under his control or supervision to perform such acts prohibited in this section.

(f)

It shall be further unlawful for any licensee under this article to administer massage on an outcall basis as defined. Such person shall administer massage solely within an establishment licensed to carry on such business under this article. Any violation of these provisions shall be deemed grounds for revocation of the license granted hereunder. The restriction on outcall massage shall not apply to a licensee who performs outcall massage as defined herein upon a customer or client who because of reasons of physical defects or incapacities or due to illness is physically unable to travel to the massage parlor or massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment, and the name and address of the customer or client, and the name of the employee administering such treatment and the type of treatment administered shall be kept by the licensee or person or employee designated by the licensee. Such records shall be open to inspection by officials charged with the enforcement of this article or of public health laws. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosures or use of such information shall be unlawful.

(g)

It shall be unlawful for any massage service to be carried on within any cubical, room, booth, or any area within a massage parlor or massage establishment which is fitted with a door capable of being locked.

(Ord. No. 1063, § 1, 10-12-09)

A massage parlor shall be located as provided in Section 10.502(A) of the Madison Heights Zoning Ordinance being Appendix A of the Madison Heights City Code.

(Ord. No. 1063, § 1, 10-12-09)

Upon sale, change of any of the owners, transfer or relocation of a massage parlor or massage establishment, the license therefore shall be null and void. It shall be the duty of all owners or licensees having knowledge of the sale, transfer or relocation of the massage parlor or massage establishment, to immediately report such sale, transfer or relocation to the city clerk's office and apply for a new license. The failure to do so shall result in an immediate suspension of the license.

(Ord. No. 1063, § 1, 10-12-09)

No person granted a license pursuant to this article shall operate or advertise the massage parlor or massage establishment under a name not specified in their license, nor shall they conduct business under any designation or at any location not specified in their license.

(Ord. No. 1063, § 1, 10-12-09)

Any person who violates any of the provisions of this article shall be guilty of a misdemeanor punishable by a fine of not less than $100.00, nor more than $500.00, and/or 90 days in jail. Each day the violation continues shall be deemed a separate offense.

(Ord. No. 1063, § 1, 10-12-09)

No person shall engage in a business of a precious metal or gem dealer as defined in 1981 PA. 95, MCL 445.481 et seq., without having first obtained a certificate of registration from the city police department in addition to a general business license under this chapter.

(Ord. No. 2171, § 11, 10-25-21)

The application must be in a form and contain the information and accompanying information required by 1981 PA. 95, MCL 445.481 et seq. and the certificate shall be in a form required by 1981 PA. 95, MCL 445.481 et seq.

(Ord. No. 2171, § 11, 10-25-21)

In addition to those items for which records and notification to the police are required by 1981 PA. 95, MCL 445.481 et seq., any precious metal and gem dealer within the city who purchases coins of any kind, whether issued by the United States government or any foreign government, shall comply with the record and notification requirements as provided in the applicable state statutes and the provisions of this article.

(Ord. No. 2171, § 11, 10-25-21)

It shall be unlawful to engage in a business of spraying chemicals upon laws, shrubs, and trees within the City of Madison Heights without first having obtained a license therefor. The annual fee for such license shall be set by the city council and application shall be made in compliance with the general provisions of the chapter relating to licenses and permits.

(Ord. No. 698, § 1, 4-25-83)

No license shall be issued to any applicant under the provisions of this article until the applicant has deposited with the city a policy of public liability insurance which shall indemnify against any claim for damages suffered by reason of the licensee's acts. Said insurance to be in an amount that is in compliance with the city's policy on public liability insurance.

(Ord. No. 698, § 2, 4-25-83; Ord. No. 2171, § 12, 10-25-21)

Said license shall be prominently displayed on the vehicles used by the licensee in transporting equipment and materials necessary in the carrying out of the licensee's business.

(Ord. No. 698, § 3, 4-25-83)

It shall be unlawful to burn leaves, grass or any other items resulting from the carrying out of the licensee's business under penalty provided herein.

(Ord. No. 698, § 4, 4-25-83)

It shall be unlawful for any licensee under this article to operate a motor-driven vehicle or equipment upon any streets, sidewalks or highways within the city in such a manner so as to create a nuisance or a hazard which would endanger the safety of the public.

(Ord. No. 698, § 5, 4-25-83)

Any spraying of chemicals by the licensee shall comply with the following regulations:

(a)

All applicable state and federal laws and regulations shall be followed;

(b)

Feeding stations, watering places and other objects which attract birds must be protected from spray drifts.

(Ord. No. 698, § 6, 4-25-83)

Any license issued under the provisions of this article may be revoked for violations of this article or any provisions hereof, or any other ordinance relating to the work done.

(Ord. No. 698, § 7, 4-25-83)

Any person, firm or corporation violating any of the provisions of this article shall be fined not less than $50.00 and nor more than $500.00 for each offense; and a separate offense shall be deemed committed each day on which a violation occurs or continues.

(Ord. No. 698, § 8, 4-25-83)

For the purpose of the provisions of this chapter, the following words and phrases shall be construed to have the meanings herein set forth:

Call for service includes but is not limited to any and all calls to law enforcement or the fire department that result in a representative being dispatched or directed to the hotel. This shall include any calls for service within the surrounding neighborhood that, through information or investigation, can be traced to the hotel staff and/or registered guest(s) and/or visitor(s). Calls for service includes any self-initiated activity and/or investigation based on the observation(s) of an emergency services representative.

Drug related arrest means any incident involving an arrest for violation of the Michigan Public Health Code, Act 368 of 1978, Article 7, Controlled Substances, MCL 333.7101 et seq.

Gambling related arrest means any incident involving an arrest for violation of the Michigan Penal Code, Act 328 of 1931, Chapter XLIV, Gambling, MCL 750.301 et seq.

Guest shall mean any person that occupies a guestroom.

Guestroom shall mean a sleeping room in a hotel designed and intended to be used as lodging as documented by the city building official or his or her designee.

Hotel means a building or structure kept, used, maintained as, or held out to the public to be an inn, hotel, or public lodging house.

Hotel operation means the occupancy of any guestroom or use of any hotel facility regardless of compensation or remuneration.

Human trafficking related arrest means any incident involving an arrest for violation of the Michigan Penal Code, Act 328 of 1931, Chapter LXVIIA, Human Trafficking, MCL 750.462 et seq.

Manager means any person who, in connection with the activities of a hotel/motel, manages the business's operations, including but not limited to the collection of rental charges, issuing of keys, direction of maintenance personnel, assigning of rooms to guests, and handling guest affairs and overseeing security. The term shall also include resident manager and assistant manager.

Minor means an individual under 18 years of age.

Operator means any person who is the proprietor of any hotel, whether in the capacity of owner, lessee, receiver, sub lessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned, who offers and accepts payment for rooms, guestrooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of, the dwelling unit.

Owner shall mean individual, partnership, company, firm, corporation, association, religious sect, society, organization, league, or other business entity, which is the record owner of real property as listed on the last equalized assessment roll as maintained by the Oakland County Assessor. It shall also mean any part owner, joint owner, or lessor of the whole or part of the land or buildings situated thereon.

Prostitution related arrests include, but are not limited to, those that involve prostitution or prostitution-related crimes such as pimping or pandering, in violation of the Michigan Penal Code, Act 328 of 1931, Chapter LXVII, Prostitution, MCL 750.448 et seq.

(Ord. No. 2126, § 1, 9-10-18)

(a)

Business license required. It shall be unlawful for an individual, partnership, company, firm, corporation, association, religious sect, society, organization, league, or other business entity to conduct business as a hotel in the city without having first obtained from the city an annual business license under this article and chapter 7 of the Madison Heights Code of Ordinances that authorizes that person, corporation, or firm to conduct that business.

(b)

Fees. The fee for a hotel business license shall be set by resolution of the city council. The required fee for each license shall be paid in full at the time of the submission of an application. No rebate or refund shall be made of any license fee or part thereof by reason of the death of the licensee or by reason of denial of the application, nonuse of the license or discontinuance of the operation of the hotel establishment. The fee shall include the cost of the required annual inspection by the building official, fire marshal, or designee(s) as required in section 7-271(c) below.

(c)

Application. Each individual, partnership, company, firm, corporation, association, religious sect, society, organization, league, or other business entity required to obtain a license from the city shall make application for said license to the city clerk in the form and manner prescribed by him/her and shall state under oath such facts as may be required for, or applicable to, the granting of such license as provided in section 7-21 and chapter 7 of the Madison Heights Code of Ordinances. The application shall include authorization for the city building official, fire marshal, or designee(s) to conduct an inspection of the interior and exterior of the entire premises, including all units, common areas and offices. Said inspection shall be for the purpose of determining compliance with the International Fire Code, International Property Maintenance Code, Michigan Plumbing Code, Michigan Mechanical Code, National Electrical Code, Michigan Rehabilitation Code, International Swimming Pool Code and the Michigan Building Code.

(d)

Approval. When approvals have been received from the police, fire, community development, treasurer's department, the county health officer and all other required agencies, where applicable, a business license shall be issued by the city clerk. The applicant shall not open the establishment to the public prior to the issuance of a business license.

(e)

Denial or revocation of license. In the event that an application is denied by a department based on grounds for denial contained in this article and/or sections 7-23 and 7-27 of the Madison Heights Code of Ordinances, the clerk shall notify the applicant of the denial and advise the applicant of the right to appeal pursuant to section 7-33. In addition, a license may be revoked or denied for the following reasons:

(1)

In addition to sections 7-23 and 7-27 of the City of Madison Heights Code of Ordinances, the city may deny any application for a new license, or renewal of a license, if any of the following are shown to have occurred at the hotel property:

(A)

The applicant makes a material misrepresentation of fact on the application;

(B)

The applicant or any owner of the hotel has been found in violation of this article; or;

(C)

Any owner, operator, manager, desk clerk or any other person in charge of any hotel has been convicted of any of the crimes enumerated in the definitions of section 7-270 herein.

(2)

The city may deny any application for a new license, renewal of a license or revoke a license if the applicant is delinquent to the city, county or state for any taxes, or indebted to the city, county or state for any other reason unless the delinquency or indebtedness is the subject of pending litigation.

(3)

The city may deny any application for a new license, renewal of a license or revoke a license if any of the following are shown to have occurred at the hotel property:

(A)

The hotel has outstanding violations from the Health Department of Oakland County, fire department or the Community Development Department of the City of Madison Heights that have not been corrected, including but not limited to, violations regarding:

i.

Bed bugs, cockroaches, rats, mice, flies, and any other insects or vermin;

ii.

Mold;

iii.

Heating, cooling, and ventilation;

iv.

Water supplies, including drinking water and hot and cold availability;

v.

Lavatories, baths, and sewage;

vi.

Electricity, plumbing or mechanical

vii.

Adequate lighting;

viii.

Pools and spas;

ix.

Housekeeping practices and policies;

x.

Refuse removal;

xi.

Defective locks;

xii.

Non-functional smoke or fire suppression systems; or

xiii.

Severe structural defects.

xiv.

Zoning or International Property Maintenance Code.

xv.

International Fire Code

(B)

The hotel has outstanding violations from the fire department that have not been corrected;

(C)

The hotel fails to meet accessibility requirements required by the Americans with Disabilities Act (ADA);

(D)

The owner, applicant, operator, or manager has obstructed or interfered with correction of the violations, or is party to pending enforcement actions related to the hotel; or

(E)

The applicant or any owner, operator, manager, desk clerk or any other person in charge of the hotel has hindered or prevented any inspection of the hotel authorized by this or other applicable code or law.

(F)

The applicant or owner, operator, manager, desk clerk or any other person in charge of the hotel has previously violated this chapter by operating without a license.

(G)

Such other relevant facts as the chief of police, or his designee, may discover or deem advisable or necessary in the course of the review of the application, renewal or revocation of the license, such as:

1.

Criminal activity affecting the public health, safety and welfare;

2.

Drug-related arrests;

3.

Gambling related arrests

4.

Human trafficking related arrests

5.

Prostitution-related arrests;

6.

Excessive number of calls for service.

7.

Drug overdoses

8.

Child neglect and/or child endangerment

(H)

Noncompliance with federal, state, and/or city codes.

(I)

Any other conditions, problems, issues, concerns or facts that would be relevant to the protection of the health, safety and welfare of the public.

(4)

In processing a revocation of a license under this article, the chief of police, or his designee, shall prepare an investigation report that details the circumstances that have led to the requested revocation of the license. It may include any or all of the following that are applicable:

(A)

Frequency or occurrence of violation(s), arrest(s), or call(s) for service;

(B)

Seriousness of the violation(s), arrest(s), or call(s) for service in relation to its threat or impact upon public health, safety or welfare;

(C)

History of the violation(s), arrest(s), or call(s) for service;

(D)

Good faith efforts taken by the responsible party to correct, reduce and/or alleviate violation(s), arrest(s), or call(s) for service;

(E)

Any activity, action or effort taken by the responsible party to obstruct or interfere with correction of the problem;

(F)

The impact of the violation(s), arrest(s), or call(s) for service on the surrounding property and community;

(G)

The financial impact to the city.

(f)

Appeal of denial or revocation of license. Any applicant who is denied an initial or renewal license, or has a license suspended or revoked, shall be entitled to notice and a hearing before a hearing officer, appointed by city council, to determine if grounds for denial, non-renewal, suspension or revocation exist pursuant to the procedure for appeal as provided for in section 7-33 of the City of Madison Heights Code of Ordinances.

(g)

Posting of license. Any individual, partnership, company, firm, corporation, association, religious sect, society, organization, league, or other business entity licensed under this article shall display the city license, in a conspicuous location visible to the general public.

(h)

Term. The term of license is one year from date of issuance, unless revoked for cause, and is not transferable.

(i)

Compliance with state law. Any manager, operator or owner shall comply with the terms of any and all applicable state laws including but not limited to, Chapter 427 of the Michigan Compiled Laws, Hotels, MCL 427.1 et seq., in addition to the requirements of this article.

(Ord. No. 2126, § 1, 9-10-18; Ord. No. 2171, § 13, 10-25-21)

(a)

Guest register. The owner, operator, manager, desk clerk or any other person in charge of any hotel shall:

(1)

Maintain a register in which shall be inscribed in ink, at the time of arrival, the correct name of every guest renting or occupying room or rooms;

(2)

Together with the name in the register shall be inscribed the home street and city address of each guest and the make, year, state of registration and the license number of the motor vehicle in which each such guest arrived;

(3)

The register shall also indicate the room, rooms or space rented or assigned to each guest and the date and time of arrival and date of departure of every guest, and the number of days each guest has been at the establishment during the calendar year.

(4)

The police may request to inspect the register required under this section, provided however, if such request is refused by the owner, operator, manager, desk clerk or any other person in charge of any hotel, inspection shall not occur without a search warrant.

(b)

Unlawful registration or occupancy.

(1)

No person shall knowingly write, cause to be written, or permit to be written in any register provided for by this article any false, incorrect or inaccurate information.

(2)

No person shall occupy any room, rooms or space in any accommodation until the information provided in section 7-272(a) shall have been entered in the register therein provided for.

(3)

Accommodations shall not be made available for a period in hourly increments, nor shall any accommodation be made available more than one time during the eighteen-hour period of 12:00 p.m. to the following morning at 6:00 a.m.

(c)

Identification required. A hotel shall require that an individual provide photographic documentary evidence confirming the age and identity of an individual renting or leasing a hotel room or documentary evidence of the emancipation of a minor, including a motor vehicle operator's or chauffeur's license, a registration certificate issued by the federal selective service, a marriage license, or other bona fide documentary evidence of the age and identity of the individual or emancipation of the minor.

(d)

Minors. A hotel shall refuse to rent or lease a hotel room to a minor other than an emancipated minor.

[(e)

Reserved.]

(f)

Loitering prohibited. It shall be unlawful for any person to loiter on hotel property where one has no particular or legal purpose, including the parking of motor vehicles, without being a registered patron or registered guest of the hotel.

(g)

Sanitation. Rooms must be kept clean and free from dirt, vermin, garbage and rubbish. Clean sheets, pillowcases and towels must be provided before a transient guest may occupy a bed previously occupied by another person. Each room of every establishment shall receive daily housekeeping/cleaning and inspection.

(h)

Cooking. The cooking of food in or upon the licensed premises is prohibited, other than in a kitchenette facility in compliance with applicable codes and regulations, and approved by the proper authorities designated in those codes and regulations. The use of hotplates or similar equipment which can be utilized to heat or cook food is specifically prohibited. A notice to this effect shall be conspicuously posted in each accommodation.

(i)

Unlawful activities. No owner, operator, manager, desk clerk or any other person in charge of any hotel shall knowingly permit any accommodations and/or other location on the premises to be used for an unlawful purpose.

(j)

Occupancy. Occupancy of a room shall be limited to the number of beds in the room, but in no event shall occupancy exceed more than two persons for every one bed.

(Ord. No. 2126, § 1, 9-10-18)

Nothing in this article shall prohibit or limit the city from pursuing any and all available criminal or civil remedies, including, but not limited to, condemnation and civil forfeiture for maintaining a public nuisance or nuisance per se.

(Ord. No. 2126, § 1, 9-10-18)

The purpose of this article is to establish local standards for the issuance, renewal and revocation of medical marihuana facilities licenses, in conjunction with the Michigan Medical Marihuana Facilities Licensing Act (MMFLA), Public Act 281 of 2016, MCL 333.27101 et seq., as amended, and the Michigan Medical Marihuana Act (MMMA), Initiated Law 1 of 2008, MCL 333.26421 et seq., as amended, by the City of Madison Heights, in order to:

(a)

Provide for regulations and local city licensing of medical marihuana facilities pursuant to the city's general police power granted to cities by the Michigan Constitution of 1963, the Home Rule City Act, MCL 117.1 et seq., and by the Michigan Medical Marihuana Facilities Licensing Act (MMFLA), Public Act 281 of 2016, MCL 333.27101 et seq., as amended;

(b)

Protect the public health, safety and welfare of the residents of the city and the general public by minimizing the unsafe and unregulated production and sale of medical marihuana and to promote the safe, regulated manufacturing, production and sale by properly state-licensed medical marihuana facilities;

(c)

Establish regulations, standards and procedures to locate, operate and maintain medical marihuana facilities within the city.

The Federal Controlled Substances Act, Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq., regulates marihuana as a Schedule I controlled substance, for which there is "no currently accepted medical use in treatment in the United States." 21 U.S.C. § 812(b)(1)(B). Although the State of Michigan has recognized and authorized the use of medical marihuana pursuant to the Michigan Medical Marihuana Act, and has authorized the licensing of medical marihuana facilities pursuant to the Medical Marihuana Facilities Licensing Act, these state authorized activities remain prohibited by federal law. Nothing in this article is intended to grant, nor shall be construed as granting, immunity or insulate or shield a business, person, applicant, affiliate, or licensee from federal seizure and/or forfeiture as allowed by federal law and does not insulate a business or owners, employees or agents from federal criminal arrest and/or prosecution. A medical marihuana facility license issued under this article, and choosing to establish and operate a medical marihuana facility pursuant to that license, is done so at the licensees own risk, and the city shall assume no liability for any actions, claims, liabilities, assertions of liability, losses, costs or expenses.

(Ord. No. 2129, § 1, 2-11-19)

For the purpose of the provisions of this article, all words and phrases herein shall be construed to have the meanings as provided for in the Medical Marihuana Facilities Licensing Act (MMFLA), Public Act 281 of 2016, MCL 333.27101 et seq., as amended, the Michigan Medical Marihuana Act (MMMA), Initiated Law 1 of 2008, MCL 333.26421 et seq., as amended, and the Administrative Rules promulgated under the Administrative Procedures Act, 1969 PA 306, MCL 24.201 to 24.328, by the Department of Licensing and Regulatory Affairs, Bureau of Marihuana Regulation, Medical Marihuana Facilities, R 333.201 et seq., unless the context clearly indicates or requires a different meaning.

Applicant means an individual, person, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity or other business entity who applies for a local city license to operate a medical marihuana facility in the City of Madison Heights.

Church means an entire house or structure set apart primarily for use for purposes of public worship, and which is tax exempt under the laws of this state, and in which religious services are held and with which a clergyman is associated, and the entire structure of which is kept for that use and not put to any other use inconsistent with that use.

Enclosed locked facility means a closet, room, or other comparable stationary and fully enclosed area equipped with secure locks or other functioning security devices that permit access only by a registered primary caregiver, or registered qualifying patient. Marihuana plants grown outdoors, are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level, or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that it is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient, or a person designated through the department registration process, as the primary giver, for the registered qualifying patient, or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access only to the registered qualifying patient, or the registered primary caregiver, who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:

(a)

The vehicle is being used temporarily to transport living marihuana plants from one location to another with the intent to permanently retain those plants at the second location.

(b)

An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marihuana plants belong, or the individual designated through the Department of Registration process as the primary caregiver for the registered qualifying patient.

Family child care home and group child care home mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111, and only apply to the bona fide private residence of the operator of the family or group child care home.

License means a license issued by the City of Madison Heights under this article.

Marihuana means that term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.

Medical use means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transportation of marihuana, or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition, or symptoms associated with the debilitating medical condition, as further defined under the MMMA.

Medical marihuana facility means a location at which a license holder is licensed to operate under the MMFLA and this article.

Minor means an individual less than 21 years of age.

MMMA means the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq., as amended.

MMFLA means the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, MCL 333.27101 et seq., as amended.

MRTMA means to the Michigan Regulation and Taxation of Marihuana Act Initiated Law 1 of 2018, MCL 333.27952 et seq. currently, or as amended. ("MRTMA")

Registered primary caregiver means to a person meeting the definition of caregiver under the MMMA and who has been issued and possesses a registry identification card and possesses the documentation that constitutes a valid registry under the MMMA.

Registered qualifying patient means a person meeting the definition under state law and who has been issued and possesses a registry identification card which is valid under the MMMA, as amended.

Rules or administrative rules means the administrative rules promulgated under the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, by the Department of Licensing and Regulatory Affairs, Bureau of Marihuana Regulation, Medical Marihuana Facilities, R 333.201 et seq. enacted to implement the MMFLA.

School building includes buildings used for school purposes to provide instruction to children in grades kindergarten through 12, when that instruction is provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses. School does not include a proprietary trade or occupational school.

State operating license means a license that is issued under the MMFLA that allows the licensee to operate as a medical marihuana facility.

Transfer means to convey, sell, give, deliver, or allow the possession by another person or entity

All other terms used in this article have the same definitions ascribed to them in the MMFLA, the MMMA, or the administrative rules accordingly.

(Ord. No. 2129, § 1, 2-11-19; Ord. No. 2171, § 14, 10-25-21)

Pursuant to Section 205(1) of the MMFLA, the City of Madison Heights authorizes the operation of the following types of medical marihuana facilities within the City of Madison Heights: Growers; processors; provisioning centers; safety compliance facilities; and secure transporters. Provided the facility has obtained a valid state operating license issued pursuant to the MMFLA, and the facility is in compliance with the additional requirements of this article and with all other applicable laws, administrative rules and ordinances.

(Ord. No. 2129, § 1, 2-11-19)

No person or entity that was open or operating any facility purporting to produce, manufacture, test, transfer or transport medical marihuana or marihuana prior to the adoption of this ordinance, shall be a lawful use or lawful nonconforming use.

(Ord. No. 2129, § 1, 2-11-19)

Editor's note— Ord. No. 2171, § 14, adopted Oct. 25, 2021, repealed § 7-304, which pertained to no affect on Michigan Medical Marihuana patients or caregivers and derived from Ord. No. 2129, § 1, adopted Feb. 11, 2019.

(a)

License required. It shall be unlawful for any individual, person, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity or other business entity to conduct business as a medical marihuana facility in the city without having first obtained from the city an annual license pursuant to this article and any applicable state operating licenses.

(b)

License transferrable. No license issued pursuant to this article shall be transferred unless approved by the state and city.

(c)

Fees.

(1)

Application fee. The fee to submit a city application to obtain a city license to operate a medical marihuana facility in the city shall be set by resolution of council and shall be reasonably related to the expenses in processing and reviewing the application. No rebate or refund shall be made of any application fee.

(2)

License fee. For those applications that are granted a city license, the fee for the city license shall be set by resolution of the city council, not to exceed $5,000.00. The required fee for each license shall be paid in full at the time of the approval of the city license to operate a medical marihuana facility. No rebate or refund shall be made of any license fee or part thereof by reason of the death of the licensee or by nonuse of the license or discontinuance of the operation of the facility.

(d)

Number of licenses. The city has limited the number of medical marihuana facility licenses issued under this article and may revise this limit from time to time. The city may issue up to the maximum number of each type of city medical marihuana facility licenses; however, in the event of a voluntary nonrenewal or a revocation of a medical marihuana facility license, the city is not required to take applications for the newly available licenses. The maximum number of each type of city medical marihuana facility license allowed by the city shall be as follows:

(e)

Application requirements.

(1)

Each applicant required to obtain a license from the city under this article shall make application for said license to the city clerk in the form and manner prescribed by him/her and shall state under oath such facts as may be required for, or applicable to, the granting of such license as provided in this article and chapter 7 of the Madison Heights Code of Ordinances.

(2)

In addition to the city application, the applicant shall provide to the city, an approved entity/individual prequalification issued by the state. This shall include a full and complete copy of the prequalification application materials, together with any and all supporting documents and attachments, that were submitted to the State of Michigan, Department of Licensing and Regulatory Affairs, Bureau of Marihuana Regulation, Medical Marihuana Facilities, in the application for an entity/individual prequalification application packet under the MMFLA and the administrative rules.

(3)

Each applicant required to obtain a license from the city under this article shall also submit the following additional information unless included in the materials required to be submitted in subsection (2) above:

(A)

The applicant shall identify an individual to act as primary responsible person for the applicant and point of contact for the application who shall be either a resident of the city, a resident of Oakland County or reside within 100 miles of the city;

(B)

If the applicant is an individual or sole proprietorship, the proprietor and their spouse, if any, shall provide their name, address, date of birth, business address, business telephone number, email address, social security number, and, if applicable, federal tax identification number;

(C)

If the applicant is not an individual or sole proprietorship, information regarding the business entity, including, without limitation, the name and address of the entity, website address (if any), type of business organization, proof of registration with, or a certificate of good standing from the State of Michigan, and the federal tax identification number of the business entity;

(D)

The identity of every person that submits a supplemental applicant prequalification application packet on applicant's behalf as required by the MMFLA. All such persons shall provide a suitable copy of government-issued photographic identification, their name, address, date of birth or formation, business address, business telephone number, email address, social security number, and, if applicable, federal tax identification number. If additional persons are added the applicant's operations, applicant must supplement its city application with the identity of any applicable new persons;

(E)

If applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a medical marihuana facility;

(F)

A copy of any deed, lease, or binding real estate interest reflecting the right of applicant to possess, or an option reflecting applicant's right to purchase or lease, the proposed licensed premises;

(G)

A description of the type of the proposed medical marihuana facility and its physical address;

(H)

Applicant's business plan for its proposed operation, including but not limited to, applicant's financial ability to operate its facility;

(I)

A "to scale" architectural diagram of the proposed licensed premises, showing, without limitation, building floor plan and layout, all entryways, doorways, or passage ways, and means of public entry and exits to the proposed licensed premises, loading zones, available onsite parking spaces, fencing at the premises, landscaping, and all areas in which medical marihuana will be stored, grown, manufactured or dispensed;

(J)

A "to scale" architectural diagram of the proposed licensed premises, showing, without limitation, building floor plan and layout including all fire suppression and fire related requirements of the International Fire Code.

(K)

A lighting plan showing the lighting outside of the medical marihuana facility for security purposes and to demonstrate compliance with any applicable city ordinances;

(L)

A staffing plan which describes the anticipated or actual number of employees, including an estimate of the number and type of jobs that the medical marihuana facility is expected to create, including the employment of city residents;

(M)

An explanation, with supporting factual data if applicable, of the economic benefits to the city, including, but not limited to job creation, plans for community outreach, and anticipated philanthropic or charitable activities of the applicant;

(N)

A statement that applicant is not in default to the city for any property tax, special assessment, utility charges, fines, fees or other financial obligation owed to the city;

(O)

Any additional information that the city reasonably determines to be necessary in connection with the investigation and review of the application.

(4)

The application shall include a signed authorization and consent for the city building official, police, fire marshal, or designee(s) to conduct inspections of the interior and exterior of the entire premises, including all units, common areas and offices. Said inspection shall be for the purpose of determining compliance with the International Fire Code, International Property Maintenance Code, Michigan Plumbing Code, Michigan Mechanical Code, National Electrical Code, Michigan Rehabilitation Code and the Michigan Building Code.

(5)

The application shall include a signed acknowledgement that the applicant is ware and understands that any issuance of a license is a privilege and they accept any and all risk of adverse public notice, embarrassment, criticism, or other action, or financial loss, which may result from action with respect to an application or the public disclosure of information, and expressly waive any and all claims for damages as a result thereof.

(6)

The application shall include a signed acknowledgement that the applicant does not have any other operating license that is prohibited by the MMFLA.

(7)

The application shall include a signed acknowledgement and release of liability that the applicant acknowledges that the licensed activities under the MMFLA and the city license are currently prohibited by federal law and that a city license does not insulate or shield the applicant from federal seizure, forfeiture and/or federal criminal arrest or prosecution.

(8)

The application shall include a signed acknowledgement and release of liability acknowledging that the applicant is aware and understands that any issuance of a license is a privilege and denial of a license by the city, for any reason, shall not be cause to bring an action against the city and that the applicant shall discharge the city from any liability and causes of action if denied a license by the city.

(Ord. No. 2129, § 1, 2-11-19; Ord. No. 2160, § 1, 6-22-20; Ord. No. 2196, § 1, 1-22-24)

(a)

At the time this article is adopted, applications for medical marihuana facilities for city licenses will not be accepted.

(b)

Within 60 days following the adoption of this article the city shall establish an initial application period for medical marihuana facilities. For a period of 30 days, the city shall accept license applications for proposed medical marihuana facilities.

(c)

After the initial application period closes, the city shall verify that any applications received in this initial application period are full and complete applications. The city shall consider an application full and complete if it includes all information requested by this article and the city application forms.

(d)

If, after the initial 30-day application period, the city does not receive more applications than the permitted number of licenses for a particular type of facility, then the city shall accept license applications for only those facilities, on an ongoing basis, until such time as the number of allowed licenses have been approved for those specific facilities.

(Ord. No. 2129, § 1, 2-11-19)

(a)

The city shall reject any application that does not meet the requirements of the MMFLA, the MMMA, the administrative rules or this article. The city shall reject any application that does not contain an approved entity/individual prequalification issued by the state. The city shall reject any application that contains any false, misleading or incomplete information. The city shall reject any application that proposes a location on a parcel that is not an approved parcel as depicted on the official map published by the city. The city shall reject any application that does not comply with this article or chapter 7 of the Madison Heights Code of Ordinances. The city shall reject any application that does not conform or comply with any of the following: International Fire Code; International Property Maintenance Code; Michigan Plumbing Code; Michigan Mechanical Code; National Electrical Code; Michigan Rehabilitation Code and the Michigan Building Code.

(b)

An applicant whose application is rejected or denied by the city shall not be entitled to review by the city or any board or commission thereof and the applicant shall waive any right to bring an action against the city for such a rejection or denial.

(Ord. No. 2129, § 1, 2-11-19)

(a)

In the event the city receives more eligible applications for a specific type of city license than is authorized by the city, the city shall select the applicant or applicants most suitable to operate its facility based on an objective and competitive process. This process is subject to the provisions of this section. This process is only necessary if the city receives more eligible applications than is authorized for any given type of medical marihuana facility.

(b)

A three person panel consisting of the city manager, city attorney, and chairperson of the city's planning commission, or their designees, on behalf of the city shall assess, evaluate, score, and rank all impacted applications and authorize the city's issuance of all marihuana licenses to those applicants receiving the highest score. In its application assessment, evaluation, scoring, ranking, and deliberations, the city shall assess, evaluate, score, and rank each application based upon a scoring and ranking procedure developed by the city consistent with the requirements, conditions, and provisions of this section. The detailed scoring and ranking system shall be provided to each applicant and included in the application materials developed by the city.

(c)

Initial scoring and ranking shall be conducted and applied by the city on the basis of assigned points from zero points to 200 points with the lowest overall total score as zero points and the highest possible total score being 200 points. In the city's selection process, If no application receives a score higher than 170 in this process, the city reserves the right to reject all applicants. Scoring categories include, and are limited to the following scoring points and criteria:

(1)

The content and sufficiency of the information provided by applicant in the application. The maximum number of scoring points in this category shall be ten points;

(2)

Whether the applicant's proposed use is consistent with the land use for the surrounding neighborhood and will not have a detrimental effect on traffic patterns, health, welfare or safety of residents or abutting properties. All proposals must be entirely located in the designated "green" zone from the map approved by city council. The maximum number of scoring points in this category shall be ten points;

(3)

Planned neighborhood physical area improvement on behalf of the applicant, and whether the applicant or its stakeholders have made, or plan to make, significant physical improvements to the area around the property or other areas contiguous to the property that would include, but not be limited to, plans to eliminate or minimize traffic, noise, and odor effects on the surrounding neighborhood and improve the surrounding neighborhood and area. Planned outreach may also include plans to make significant physical improvements to other local private or public roads, right of ways, alleys, parks or any other private or public property that would benefit the surrounding area. The maximum number of scoring points in this category shall be 20 points.

(4)

The business probity, moral reputation, and relevant criminal history of applicant or any of its stakeholders; whether the applicant or any of its stakeholders have a clean record of acts detrimental to the public health, security, safety, morals, good order, or general welfare prior to the date of the application; whether the applicant or any of its stakeholders have owned similar marihuana industry businesses in the nation with solid business practices. The maximum number of scoring points in this category shall be 20 points.

(5)

Whether applicant and its stakeholders have made or plan to make significant capital improvements to the proposed facility, the surrounding neighborhood, and/or the city. This includes, but is not limited to:

(A)

The total overall capital investment in funds to be invested in the renovations to the parcel that will house the proposed marijuana business including the increase in taxable value, including the overall investment in equipment, fixtures, and other related items;

(B)

The total number of years that a property or site, to be renovated by the applicant, has been vacant;

(C)

How significant the upgrades or renovations to the property and surrounding area are, such as, but not limited to: the extent of renovations to an existing building or buildings; the extent of new construction of a building or buildings; the extent of renovation to a location or site that may involve a derelict property involved site or other like condition on the property; the overall size of the site and building or buildings of the proposed renovations;

(D)

Whether or not the property to be improved has an environmentally friendly design and environmentally friendly production and stormwater management design and plans that improve green infrastructure of the city;

(E)

The extent of, and additions to or extra security measures taken above the minimum security measures required under state law; the extent of, and additions to or other extra measures taken above the state minimum requirements for growing, processing, testing, transporting or selling medical marihuana;

(F)

The extent of upgrades and renovations to the landscaping, parking, lighting and similar to the site and surrounding area.

The maximum number of scoring points in this category shall be 50 points.

(6)

Whether applicant and its stakeholders have reasonably and tangibly demonstrated that it possesses sufficient financial resources to fund, and the requisite business experience to execute its business plan and proposed operations in its application; whether applicant or its stakeholders have disclosed the total investment dollar amount and supplied supporting documentation to support the estimate; whether applicant and its stakeholders have reasonably and tangibly disclosed its funding sources and relevant background of those funding sources; The maximum number of scoring points in this category shall be 20 points;

(7)

The number of full-time and part-time positions anticipated by applicant, and whether applicant has articulated plans or strategies to attract, hire and retain employees that are residents of the city. Whether applicant has articulated plans or strategies in providing competitive compensation, benefits or educational programs to its employees. The maximum number of scoring points in this category shall be ten points;

(8)

Whether applicant has obtained, is likely to obtain, or plans on obtaining additional city licenses and state operating licenses, under the MMFLA and Michigan Regulation and Taxation of Marihuana Act (MRTMA), at its proposed location in the city to co-locate a Medical Marihuana Facility Class C Grower, a Processor and Provisioning Center and Adult-Use Marihuana Establishment Class C Grower, Processor and Retailer at a single location or site within the city. Applications that incorporate, or co-locate, a licensed Class-C grower, licensed processor and licensed provisioning center and retailer in the same location, in strict compliance with the conditions and provisions of the MMFLA, MRTMA the Administrative Rules and this Article and Article VII in Section 7 of the City's Code of Ordinances for the operation of these separate licenses at the same location, for each type of license, shall be considered more preferential than single license locations for these specific types of licenses. The maximum number of scoring points in this category shall be 40 points;

(9)

Whether the planned signage for the proposed location is detrimental to the public health, security, safety, morals, good order, general public welfare or image of the city or is of a nature that is consistent with the land use for the surrounding neighborhood and of such a design and location that is in harmony with the purpose and intent of this article. This includes, but is not limited to, the size, location, construction materials of the sign and/or design of the sign, logos, or lighting. The maximum number of scoring points in this category shall be ten points.

(10)

Applicant agrees that is selected, issuance and renewal of licenses is contingent on joining and participating in the city's marihuana community advisory committee. Licenses agree to donate $25,000.00 annually plus provide one percent of annual net profits for the marihuana community advisory committee payable to the City of Madison Heights. Further the applicant will appoint one-member to serve on the community advisory committee for the review and consideration of funding awards and community outreach. The maximum number of scoring points in this category shall be ten points.

(d)

The city may engage professional expert assistance in performing the city's duties and responsibilities under this section.

(e)

After the city has processed and scored all eligible applications, the city shall prepare a summary and report listing the overall score and basis for this determination for all eligible applications. The city shall then notify the selected applicants of the granting or denial of a license.

(f)

The city may establish additional application periods for applicants seeking new licenses for eligible medical marihuana facilities within the city, as needed, via resolution of city council.

(g)

Any city license issued under this article must be established, a certificate of occupancy issued, and full compliance achieved in accordance with its application for such license and any relevant city ordinances regulating marihuana licensees within six months of issuance. Licensees delinquent in satisfying the requirements of this section within the required time shall either post a surety bond of $50,000.00 to assure imminent compliance or immediately surrender the license. Upon filing a surety bond, licensee has an additional 90 days to achieve compliance with the requirements of this section or the surety bond amount shall be forfeited to the city and the license revoked. Licensee may appeal such a revocation to a hearing officer appointed by the city council as allowed under section 7-33. The surety bond amount will be returned to the licensee within 20 days of compliance with this section if it has not been forfeited. The city may extend the time periods for licensee compliance of this section at sole discretion of city manager for extraordinary circumstances. Failure by a licensee to post a surety bond or relinquish a license in accordance with the provisions of this section are punishable pursuant to section 1-7.

(Ord. No. 2129, § 1, 2-11-19; Ord. No. 2160, § 1, 6-22-20; Ord. No. 2181, § 1, 6-13-22)

(a)

An application for a license renewal required by this section shall be made in writing to the city clerk at least 60 days prior to the expiration of an existing license.

(b)

Applicants shall submit a license renewal application in writing to the city clerk on forms provided by the city. At the time of the renewal application, the applicant shall pay a nonrefundable license renewal fee, set by resolution of the city council, not to exceed $5,000.00, to defray the costs incurred by the city in reviewing the renewal application and to administer, inspect and monitor the approved facility.

(c)

The applicant shall also provide all information required by this section contained in the initial application, including any relevant information that has changed or been updated.

(d)

The application shall include a full and complete copy of all the findings from all inspections, investigations and audits conducted by the state department of licensing and regulatory affairs and any other state department or agency pertaining to applicants, licensees, proposed medical marihuana facilities, and medical marihuana facility operations that shall include:

(1)

Inspections through its state investigators, agents, auditors, or the state police of proposed medical marihuana facilities as provided in Section 303 of the Act, MCL 333.27303, to ensure compliance with the MMFLA, the administrative rules and this article.

(2)

The details and results of any investigations of individuals employed by medical marihuana facilities.

(3)

The details and results of any inspections and examinations of medical marihuana facilities and proposed medical marihuana facilities.

(4)

The details and results of any inspections, examinations, and audits of records of the licensee.

(e)

The city shall renew applicant's license unless the city discovers evidence of:

(1)

Any fraud or misrepresentation contained in the city license renewal application;

(2)

Any purposeful violation of this article, state law or administrative rule;

(3)

Loss of the applicant's state medical marihuana facility license;

(4)

Failure of the applicant to obtain a state medical marihuana facility license within a reasonable time after obtaining a license under this article; or

(5)

Conducting business in a manner or in such a way as to constitute a nuisance to the health, safety, or general welfare of the public.

(Ord. No. 2129, § 1, 2-11-19)

(a)

All medical marihuana facilities authorized under this article, shall be located in the M-1, Light Industrial or M-2 Heavy Industrial Districts within the city. Any application that proposes a location other than in a M-1 or M-2 Industrial District that is not an approved parcel as depicted on the official map published by the city, shall be immediate cause for rejection and denial of the application. In addition to the M-1 and M-2 Industrial Districts, safety compliance facilities, only, may also be located within the O-1, Office Building District within the city in addition to the M-1 and M-2 industrial districts.

(b)

No medical marihuana facility shall be located or be adjacent to or abut, a school building, church, family child care home, group child care home or a residential district where residential units are located. Marihuana facilities shall be located at a distance determined to adequately separate these locations from marihuana facilities. The city shall publish and make available an official map depicting all individual parcels that are located in the M-1 or M-2 District that are eligible for locating an approved medical marihuana facility. Any application that proposes a location other than a parcel approved on the official map shall be immediate cause for rejection and denial of the application.

(1)

Exceptions:

(A)

The separation of locations may be reduced if the two locations are separated by an Interstate Highway.

(B)

Safety compliance facilities, only, whether located in the M-1, M-2 or O-1 district shall have no separation distances.

(C)

The separation of locations shall not apply to residential districts if no residential units are located within the residential district.

(c)

No grower shall be issued a license that would allow more than one grower of class C - 1,500 marihuana plants to be "stacked" or located or operate at a single location in the city.

(Ord. No. 2129, § 1, 2-11-19; Ord. No. 2148, § 1, 3-9-20)

(a)

A medical marihuana facility shall comply with all city ordinances, the MMMA, the MMFLA, and administrative rules that regulate signs and advertising.

(b)

A licensee shall not engage in advertising that is deceptive, false, or misleading. A licensee shall not make any deceptive, false, or misleading assertions or statements on any marihuana product, any sign, or any document provided.

(c)

A licensee shall not advertise a marihuana product where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place.

(d)

A licensee shall not be permitted to display any temporary signage or obtain a temporary sign permit.

(Ord. No. 2129, § 1, 2-11-19)

A state operating license and a city license are limited to the scope of the state and city operating licenses issued for that type of medical marihuana facility and shall comply with all of the following:

(a)

A licensee shall post in a conspicuous location all applicable state and city licenses issued for the location and approved medical marihuana facility or facilities.

(b)

A licensee shall, at all times, follow and operate the medical marihuana facility in strict compliance with the MMMA, the MMFLA, the administrative rules and the requirements of this article.

(c)

Medical marihuana facilities shall be partitioned from any other marihuana facility, activity or business. Marihuana facilities shall not allow onsite or as part of the medical marihuana facility any of the following:

(1)

Sale, consumption, or serving of food, except for appropriately processed and packaged medical marihuana edibles pursuant to the MMMA, MMFLA and administrative rules.

(2)

Sale, consumption or use of alcohol or tobacco products.

(3)

Consumption, use, or inhalation of a marihuana product.

(d)

No medical marihuana facility shall employ minors as defined herein.

(e)

Provisioning center hours of operation to sell to medical marihuana products to patients shall be no earlier than eight a.m., and no later than eight p.m.

(f)

No marihuana shall be cultivated, grown, manufactured, stored or processed in any manner that would emit odors beyond the interior of the structure or which is otherwise discernable to another person. The odor must be prevented by the installation of an operable filtration or ventilation and exhaust equipment and odors must otherwise be effectively confined to the interior of the building from which the odor is generated.

(g)

No outdoor storage is allowed at any licensed location.

(h)

Proof of insurance. No licensee shall commence any business operations until they have obtained the insurance required under this section and shall keep such insurance in force during the all business operations. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to the City of Madison Heights.

1.

Worker's compensation insurance including employers' liability coverage, in accordance with all applicable statutes of the State of Michigan.

2.

Commercial general liability insurance on an "occurrence basis" with limits of liability not less than $3,000,000 per occurrence and aggregate. Coverage shall include the following extensions: (a) contractual liability; (b) products and completed operations; (c) independent contractors coverage; (d) broad form general liability extensions or equivalent, if not already included.

3.

Professional liability: The licensee shall procure and maintain, during the life of their city license, professional liability insurance in an amount not less than $1,000,000 per occurrence and aggregate. If this policy is claims made form, then the licensee shall be required to keep the policy in force, or purchase "tail" coverage, for a minimum of three years after the termination of their city license.

4.

Additional insured: Commercial general liability, as described above, shall include an endorsement stating the following shall be additional insureds: The City of Madison Heights, all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the City of Madison Heights as additional insured, coverage afforded is considered to be primary and any other insurance the City of Madison Heights may have in effect shall be considered secondary and/or excess.

5.

Cancellation notice: All policies, as described above, shall include an endorsement stating that is it understood and agreed 30 days advance written notice of cancellation, non-renewal, reduction, and/or material change, or ten days advance written notice for non-payment of premium, shall be sent to: City of Madison Heights, 300 West 13 Mile, Madison Heights, MI 48071.

(i)

For a licensed facility where there is an approved combination of licenses operating separate medical marihuana facilities at the same location, the following requirements shall be met:

(1)

Apply for and be granted separate state and city operating licenses and pay a separate regulatory assessment and license fee for each operating license.

(2)

Have distinct and identifiable areas with designated structures that are contiguous and specific to the state and city operating licenses.

(3)

Have separate entrances and exits, inventory, record keeping, and point of sale operations, if applicable.

(4)

Post the state and city operating licenses on the wall in its distinct area and as provided in the administrative rules and this article.

(5)

Obtain any additional inspections and permits required for local or state building inspection, fire services, and public health standards for each facility.

(Ord. No. 2129, § 1, 2-11-19)

Any registered primary caregiver may acquire, possess, cultivate, manufacture, transfer, or transport medical marihuana compliant with the MMMA, MCL 333.26421 et seq. as amended. Cultivation of medical marihuana by a registered primary caregiver as defined under the MMMA, is prohibited in any zoning district, except as specified in article XII of the city's Zoning Ordinance and further subject to the following:

(1)

A registered primary caregiver may only grow, cultivate, manufacture, process, and store marihuana on a parcel in the Caregiver Marihuana Grow Overlay District boundaries as specified in section 10.350 of the city's Zoning Ordinance and in an enclosed locked facility.

(2)

The registered primary caregiver is responsible for utilizing an enclosed locked facility in the Caregiver Marihuana Overlay District boundaries, compliant with the MMMA for cultivating, growing, manufacturing, processing, and storing marihuana for medical use only. The enclosed locked facility utilized by the primary registered caregiver, shall provide separation by fully enclosed walls, or fences, for plants that are grown on behalf of each registered qualifying patient, on whose behalf the registered primary caregiver is furnishing marihuana for medical use, so it is accessible only to the primary caregiver and registered patient. The processing and storing of medical marihuana are permitted only by registered primary caregivers and registered qualifying patients.

(3)

The registered primary caregiver may grow up to a maximum of 72 plants, but no more than 12 plants for each individual registered qualifying patient as set forth in the MMMA.

(4)

The registered primary caregiver is responsible for providing the security necessary to assure that the growing marihuana and usable product are accessible for use only by the primary registered caregiver for transfer to, only to registered qualifying patients who are registered to the registered primary caregiver and must fully comply with the provisions of the MMMA.

(5)

Each parcel upon which enclosed locked facilities with marihuana for medical use are present, must be a minimum of 1,000 feet from any parcel upon which any school, school facility, child care facility, place of worship, or public park is situated. Measurement of the buffer shall be from property line to property line.

(6)

A certificate of occupancy is required and must be obtained from the city before the presence of marihuana is allowed on the parcel.

(7)

Marihuana plants grown outdoors in an enclosed, locked facility shall be subject to the requirements of this article.

(8)

The consumption, transfer, or use of marihuana, in public, or a place opened to the public is prohibited.

(Ord. No. 2171, § 14, 10-25-21)

The operations of a registered primary caregiver within an approved zoning district shall only be permitted upon the issuance of a license to cultivate medical marihuana. Such license is required to be renewed annually and is subject to inspections by the building and fire department as well as the law enforcement representative for compliance with the provisions of this Ordinance and for the issuance of the license and its renewals.

(1)

A complete and accurate application shall be submitted on a form provided by the city along with submission of the application fee. The application fee and renewal fee shall be an amount determined by resolution of the city council.

(2)

The license application shall include the name and address of the applicant; the address of the property; a copy of the current state registration card issued to the primary caregiver; a full description of the nature and types of equipment which will be used in marihuana cultivation and processing; and a description of the location at which the use will take place. The city may require additional information necessary to demonstrate compliance with all requirements. The city shall review the application to determine compliance with this section, the MMMA and the MRTMA and any applicable Michigan Regulatory Agency General Rules. A license shall be granted if the application demonstrates compliance with this section and the MMMA

(3)

The use shall be maintained in compliance with the requirements of this section and the MMMA. Any departure shall be grounds to revoke the license and take other lawful action. If a license is revoked, the applicant shall not engage in the activity unless and until a new authorization to cultivate medical marihuana license is granted.

(4)

Information treated as confidential under the MMMA, including the primary caregiver registry identification card and any information about qualifying patients associated with the primary caregiver, which is received by the city, shall be maintained separately from public information submitted in support of the application. It shall not be distributed or otherwise made available to the public and shall not be subject to disclosure under the Freedom of Information Act.

(Ord. No. 2171, § 14, 10-25-21)

The purpose of this article is to establish local standards to authorize, license and regulate adult-use marihuana establishments in the City of Madison Heights pursuant to Section 6 of the Michigan Regulation and Taxation of Marihuana Act, (MRTMA) Initiated Law 1 of 2018, MCL 333.27956, by the City of Madison Heights, in order to:

(a)

Provide authorization for, and local city licensing and regulation of, adult-use marihuana establishments pursuant to the city's general police power granted to cities by the Michigan Constitution of 1963, the Home Rule City Act, MCL 117.1 et seq., and by the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq., as amended;

(b)

Protect the public health, safety and welfare of the residents of the city and the general public by minimizing the unsafe and unregulated production and sale of adult-use marihuana and to promote the safe, regulated manufacturing, production and sale by properly state-licensed adult-use marihuana establishments;

(c)

Establish regulations, standards and procedures to locate, operate and maintain adult-use marihuana establishments within the city;

(d)

License only those entities that have been awarded medical marihuana facilities licenses by the city as a prerequisite to being eligible to obtain adult-use marihuana establishment licenses to consolidate and endorse same location and co-location of the limited number of medical marihuana facilities licenses together with adult-use establishment licenses within the city.

The Federal Controlled Substances Act, Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq., regulates marihuana as a Schedule I controlled substance, for which there is "no currently accepted medical use in treatment in the United States." 21 U.S.C. § 812(b)(1)(B). Although the State of Michigan has recognized and authorized the adult-use of marihuana pursuant to the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq., as amended, and has authorized the licensing of marihuana establishments pursuant to the Michigan Regulation and Taxation of Marihuana Act, these state authorized activities remain prohibited by federal law. Nothing in this article is intended to grant, nor shall be construed as granting, immunity or insulate or shield a business, person, applicant, affiliate, or licensee from federal seizure and/or forfeiture as allowed by federal law and does not insulate a business or owners, employees or agents from federal criminal arrest and/or prosecution. An adult-use marihuana establishment license issued under this article, and choosing to establish and operate an adult-use marihuana establishment pursuant to that license, is done so at the licensees own risk, and the city shall assume no liability for any actions, claims, liabilities, assertions of liability, losses, costs or expenses.

(Ord. No. 2159, § 1, 6-22-20)

For the purpose of the provisions of this article, all words and phrases herein shall be construed to have the meanings as provided for in the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq., as amended, and the Marijuana Regulatory Agency Adult-Use Marihuana Establishments Emergency Rules promulgated under the Administrative Procedures Act, 1969 PA 306, MCL 24.201 to 24.328, by the Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency (MRA), and, where applicable, the Medical Marihuana Facilities Licensing Act (MMFLA), Public Act 281 of 2016, MCL 333.27101 et seq., as amended, the Michigan Medical Marihuana Act (MMMA), Initiated Law 1 of 2008, MCL 333.26421 et seq., as amended, and the Administrative Rules promulgated under the Administrative Procedures Act, 1969 PA 306, MCL 24.201 to 24.328, by the Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency (MRA), unless the context clearly indicates or requires a different meaning.

(Ord. No. 2159, § 1, 6-22-20)

Pursuant to Section 6 of the MRTMA, MCL 333.27956, the City of Madison Heights authorizes the operation of the following types of adult-use marihuana establishments within the City of Madison Heights: marihuana growers; marihuana safety compliance facilities; marihuana processors; marihuana retailers; and marihuana secure transporters. Provided the establishment has obtained a valid state operating license issued pursuant to the MRTMA, and the facility is in compliance with the additional requirements of this article and with all other applicable laws, administrative rules and ordinances. No other types of adult-use marihuana establishments are authorized and are expressly prohibited in the city.

(Ord. No. 2159, § 1, 6-22-20)

No person or entity that was open or operating any establishment purporting to produce, manufacture, test, transfer or transport adult-use marihuana or marihuana prior to the adoption of this article, shall be a lawful use or lawful nonconforming use.

(Ord. No. 2159, § 1, 6-22-20)

This article does not apply to or regulate any patient or caregiver activities or conduct that is in compliance with the Michigan Medical Marihuana Act.

(Ord. No. 2159, § 1, 6-22-20)

(a)

License required. It shall be unlawful for any individual, person, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity or other business entity to conduct business as an adult-use marihuana establishment in the city without having first obtained from the city an annual license pursuant to this article and any applicable state operating licenses.

(b)

Medical marihuana facilities license required. Only an individual, person, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity or other business entity that has been granted a medical marihuana facilities license by the city, to operate in the city, may obtain adult-use marihuana establishment licenses. No adult-use marihuana establishment license shall be authorized or issued to any person or entity that has not been awarded a medical marihuana facilities license by the city to operate in the city.

(c)

License transferrable. No license issued pursuant to this article shall be transferred unless approved by the state and city.

(d)

Fees.

(1)

Application fee. The fee to submit a city application to obtain a city license to operate a marihuana establishment in the city shall be set by resolution of council and shall be reasonably related to the expenses in processing and reviewing the application. No rebate or refund shall be made of any application fee.

(2)

License fee. For those applications that are granted a city license, the fee for each city license shall be set by resolution of the city council, not to exceed $5,000.00. The required fee for each license shall be paid in full at the time of the approval of the city license to operate a marihuana establishment. No rebate or refund shall be made of any license fee or part thereof by reason of the death of the licensee or by nonuse of the license or discontinuance of the operation of the facility.

(e)

Number of licenses. The city has limited the number of marihuana establishment licenses issued under this article and may revise this limit from time to time. The city may issue up to the maximum number of each type of city marihuana establishment license; however, in the event of a voluntary nonrenewal or a revocation of a marihuana establishment license, the city is not required to take applications for the newly available licenses. The maximum number of each type of city marihuana establishment license allowed by the city shall be as follows:

(f)

Application requirements.

(1)

Each applicant required to obtain a license from the city under this article shall make application for said license to the city clerk in the form and manner prescribed by him/her and shall state under oath such facts as may be required for, or applicable to, the granting of such license as provided in this article and chapter 7 of the Madison Heights Code of Ordinances.

(2)

In addition to the city application, the applicant shall have obtained and provide to the city, an approved entity/individual prequalification issued by the state. This shall include a copy of the applicable Department of Licensing and Regulatory Affairs, Bureau of Marihuana Regulation, authorizations to operate each of the adult-use marihuana establishments applied for in the city application.

(Ord. No. 2159, § 1, 6-22-20; Ord. No. 2197, § 1, 1-22-24)

(a)

At the time this article is adopted, applications for adult-use marihuana establishments for city licenses will only be accepted from those entities that have been approved by the city to operate medical marihuana facilities.

(b)

Council may adopt a resolution to establish any additional application periods for accepting new applications for combined and co-located medical marihuana facilities and adult-use marihuana establishments under this article.

(c)

This section shall not apply to a marihuana secure transporter or marihuana safety compliance facility and the city shall accept license applications for only those facilities, on an ongoing basis, until such time as the number of allowed licenses have been approved for those specific facilities.

(Ord. No. 2159, § 1, 6-22-20)

(a)

In the event the city receives more eligible applications for a city license than is authorized by the city, the city shall select the applicant most suitable to operate its facility based on an objective and competitive process. This process is subject to the provisions of this section. This process is only necessary if the city receives more eligible applications than is authorized for combined and co-located adult-use marihuana establishments and medical marihuana facilities.

(b)

The city shall assess, evaluate, score, and rank all impacted applications and issue a city license to an applicant receiving the highest score. Since obtaining a medical marihuana facilities license is required to obtain a co-located adult-use marihuana establishment license, the city, in its application assessment, evaluation, scoring, ranking, and deliberations, shall assess, evaluate, score, and rank each application based upon a scoring and ranking procedure developed by the city consistent with the requirements, conditions, and provisions of sections 7-305, 7-307 and 7-308 of article XVI for medical marihuana facilities. The detailed scoring and ranking system shall be provided to each applicant and included in the application materials developed by the city.

(Ord. No. 2159, § 1, 6-22-20)

(a)

An application for a license renewal required by this section shall be made in writing to the city clerk at least 60 days prior to the expiration of an existing license.

(b)

Applicants shall submit a license renewal application in writing to the city clerk on forms provided by the city. At the time of the renewal application, the applicant shall pay a nonrefundable license renewal fee, set by resolution of the city council, not to exceed $5,000.00, to defray the costs incurred by the city in reviewing the renewal application and to administer, inspect and monitor the approved establishment.

(c)

The applicant shall also provide all information required by this section contained in the initial application, including any relevant information that has changed or been updated.

(d)

The application shall include a full and complete copy of all the findings from all inspections, investigations and audits conducted by the state Department of Licensing and Regulatory Affairs and any other state department or agency pertaining to applicants, licensees, adult-use marihuana establishments and medical marihuana facility operations that shall include:

(1)

Inspections through its state investigators, agents, auditors, or the state police of adult-use marihuana establishments MRTMA, the Administrative Rules and this article.

(2)

The details and results of any investigations of individuals employed by medical marihuana facilities.

(3)

The details and results of any inspections and examinations of adult-use marihuana establishments and medical marihuana facilities.

(4)

The details and results of any inspections, examinations, and audits of records of the licensee.

(e)

The city shall renew applicant's license unless the city discovers evidence of:

(1)

Any fraud or misrepresentation contained in the city license renewal application;

(2)

Any purposeful violation of this article, state law or administrative rule;

(3)

Loss of the applicant's state adult-use marihuana establishment license or medical marihuana facility license;

(4)

Failure of the applicant to obtain a state adult-use marihuana establishment license or medical marihuana facility license within a reasonable time after obtaining a license under this article; or

(5)

Conducting business in a manner or in such a way as to constitute a nuisance to the health, safety, or general welfare of the public.

(Ord. No. 2159, § 1, 6-22-20)

(a)

Any and all adult-use marihuana establishments authorized under this article shall be located in the M-1, Light Industrial or M-2, Heavy Industrial Districts and only at a parcel identified by an official map approved and published by the city for allowed parcels for adult-use marihuana establishments and shall be located at the same location as an approved and licensed medical marihuana facility located on the identical official map published by the city for allowed parcels for medical marihuana facilities. In addition to the M-1 and M-2 Industrial Districts, safety compliance facilities, only, may also be located within the O-1, Office Building District within the city in addition to the M-1 and M-2 industrial districts and shall have no separation distances.

(b)

Adult-use marihuana establishments shall be co-located and at one allowed parcel at the same location with a licensed and approved medical marihuana facility and is a prerequisite to being eligible to obtain adult-use marihuana establishment licenses. All adult-use marihuana establishments shall be at the same location of the limited number of medical marihuana facilities licenses and shall be allowed to stack up to five class C adult-use grow establishments at the same parcel.

(Ord. No. 2159, § 1, 6-22-20)

A state operating license and a city license are limited to the scope of the state and city operating licenses issued for that type of adult-use marihuana establishment and shall comply with all of the following:

(a)

A licensee shall post in a conspicuous location all applicable state and city licenses issued for the location and approved adult-use marihuana establishment.

(b)

A licensee shall, at all times, follow and operate the adult-use marihuana establishment in strict compliance with the MRTMA, the Administrative Rules and the requirements of this article.

(c)

Adult-use marihuana establishments shall be partitioned from any other marihuana establishment, facility, activity or business as required by the MRTMA, MMFLA and the corresponding Administrative Rules. Adult-use marihuana establishments shall not allow onsite or as part of the establishment any of the following:

(1)

Sale, consumption, or serving of food, except for appropriately processed and packaged marihuana edibles pursuant to the MRTMA, MMMA, MMFLA and Administrative Rules.

(2)

Sale, consumption or use of alcohol or tobacco products.

(3)

Consumption, use, or inhalation of a marihuana product.

(d)

No adult-use marihuana establishment shall employ minors as defined in the MRTMA and Administrative Rules.

(e)

Retail hours of operation to sell to marihuana products shall be no earlier than 8:00 a.m., and no later than 8:00 p.m.

(f)

No marihuana shall be cultivated, grown, manufactured, stored or processed in any manner that would emit odors beyond the interior of the structure or which is otherwise discernable to another person. The odor must be prevented by the installation of an operable filtration or ventilation and exhaust equipment and odors must otherwise be effectively confined to the interior of the building from which the odor is generated.

(g)

No outdoor storage is allowed at any licensed location.

(h)

Obtain any inspections and permits required for local or state building inspection, fire services, and public health standards for each establishment.

(i)

Proof of insurance. No licensee shall commence any business operations until they have obtained the insurance required under this section and shall keep such insurance in force during the all business operations. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to the City of Madison Heights.

(1)

Worker's compensation insurance including employers' liability coverage, in accordance with all applicable statutes of the State of Michigan.

(2)

Commercial general liability insurance on an "Occurrence Basis" with limits of liability not less than $3,000,000.00 per occurrence and aggregate. Coverage shall include the following extensions: (A) Contractual liability; (B) Products and completed operations; (C) Independent contractors coverage; (D) Broad form general liability extensions or equivalent, if not already included.

(3)

Professional liability: The licensee shall procure and maintain, during the life of their city license, professional liability insurance in an amount not less than $1,000,000.00 per occurrence and aggregate. If this policy is claims made form, then the licensee shall be required to keep the policy in force, or purchase "tail" coverage, for a minimum of three years after the termination of their city license.

(4)

Additional insured: Commercial general liability, as described above, shall include an endorsement stating the following shall be additional insureds: The City of Madison Heights, all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the City of Madison Heights as additional insured, coverage afforded is considered to be primary and any other insurance the City of Madison Heights may have in effect shall be considered secondary and/or excess.

(5)

Cancellation notice: All policies, as described above, shall include an endorsement stating that is it understood and agreed 30 days advance written notice of cancellation, non-renewal, reduction, and/or material change, or ten days advance written notice for non-payment of premium, shall be sent to: City of Madison Heights, 300 West 13 Mile, Madison Heights, MI 48071.

(Ord. No. 2159, § 1, 6-22-20)

All vendors/solicitors must obtain a general business license from the city that also states that the licensee is licensed as a vendor/solicitor under this article.

(Ord. No. 2171, § 4, 10-25-21)

In addition to other information on the general business license application, the applicant for a vendor/solicitor license must also provide the following:

(a)

A list of all persons who will be engaging in activities on behalf of the applicant.

(b)

A list and description of the goods or services to be sold or for which orders are being solicited.

(c)

The address of any temporary location in the city that will be occupied by the applicant or anyone acting on the licensee's behalf and the written consent of the owner of that location.

(d)

The name and contact information of a responsible individual who can be contacted at any time any person is engaging in activities in the city on the licensee's behalf.

(Ord. No. 2171, § 4, 10-25-21)

(a)

No vendor/solicitor shall call at any residence within the city on any day prior to 9:00 a.m., nor after 5:00 p.m. nor on any Sunday or legal holiday, except upon prior specific request of an occupant.

(b)

No vendor/solicitor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall they be permitted to operate in any congested area where the operation might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer exercising good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

(c)

No vendor/solicitor shall use at any location in the city, public or private, any device which will create a noise for the purpose of calling attention to such solicitor.

(Ord. No. 2171, § 4, 10-25-21)

No vendor/solicitor shall enter any residence within the city without the express invitation of an adult resident thereof.

(Ord. No. 2171, § 4, 10-25-21)

No vendor/solicitor shall threaten or annoy any resident of the city in the course of the business of the solicitor, or in any way engage in any conduct which is or would tend to create a nuisance.

(Ord. No. 2171, § 4, 10-25-21)

No vendor/solicitor shall enter upon private, residential, business or commercial property and/or call upon a place of a private residence, business or commercial property within the city after having been expressly notified by the occupant or their representative, either verbally, in writing and/or by sign posted in a conspicuous place on the premises, that no solicitation is desired.

(Ord. No. 2171, § 4, 10-25-21)

Charitable solicitation is governed by chapter 8 of the Code of Ordinances.

(Ord. No. 2171, § 4, 10-25-21)

No person shall engage in the business of vendor/solicitor within the city without first obtaining a license therefor. No license shall be granted for a period of longer than one year or December 31, whichever comes first, after which an application of renewal shall be filed. Application for license shall be made to the city clerk. Upon certification to the city clerk by the chief of police after investigation, that the application is complete and that the information contained therein and other information known to the chief of police does not reasonably lead the chief of police to conclude that the applicant or activity to be licensed constitutes an apparent danger to the health, safety, and welfare to the people of the city, the license shall be issued by the city clerk. If county health department approval is needed, no license will be granted without that approval.

(Ord. No. 966, § 1, 2-23-98; Ord. No. 2171, § 4, 10-25-21)

The license application filed under this division shall contain the following information:

(1)

Name and description of the applicant; driver's license number and date of birth;

(2)

Permanent home address and full local address of the applicant;

(3)

A brief description of the nature of the business and the goods and/or services to be sold or the activity undertaken;

(4)

If employed, the name and address of the employer, together with credentials establishing the exact relationship;

(5)

The length of time for which the right to solicit is desired;

(6)

The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced; where such goods or products are located at the time the application is filed, and the proposed method of delivery;

(7)

A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(8)

The fingerprints of the applicant to be taken by the Madison Heights Police Department before issuance of a license.

(9)

A sworn statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

(10)

At the time of filing the application, an application fee to be set by resolution of city council shall be paid to the city clerk to cover the cost of investigation.

(11)

Where applicable, the applicant shall attach a copy of a current sales tax license issued by the State of Michigan, also, where applicable the applicant shall provide their federal taxpayer ID number and their state employer ID number.

(12)

If applicant will solicit as an employee of a company then applicant shall provide the name of the company and the name of the company's insurance carrier and policy number.

(Ord. No. 966, § 1, 2-23-98; Ord. No. 2171, § 4, 10-25-21)

The fee for a solicitor's license shall be set by resolution of the city council and shall be deposited with the application.

(Ord. No. 966, § 1, 2-23-98; Ord. No. 2171, § 4, 10-25-21)

(1)

Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.

(2)

If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the same, and return the said application to the city clerk, who shall notify the applicant that this application is disapproved and that no license shall be issued.

(3)

If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval and return the application to the city clerk, who shall, upon confirmation that all fees have been paid, deliver to the applicant his or her license. The clerk shall keep a record of all licenses issued.

(Ord. No. 966, § 1, 2-23-98; Ord. No. 2171, § 4, 10-25-21)

Solicitors shall be required to carry their licenses in the city while soliciting and must display the same at the request of any citizen, code enforcement official, or peace officer.

(Ord. No. 966, § 1, 2-23-98)

The chief of police shall report to the city clerk all convictions for violation of this article and the city clerk shall maintain a record for each license issued and record the reports of violation therein.

(Ord. No. 966, § 1, 2-23-98)

(1)

The issuance of license applied for pursuant to this section may be denied by the city clerk and licenses issued may be revoked or suspended by the city clerk at any time, for any of the following causes:

(a)

Fraud, misrepresentation or any false statement made in the application for license;

(b)

Any violation of this chapter;

(c)

Conducting a business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, morals, safety or welfare of the public;

(d)

Failure or inability of an applicant to meet and satisfy the requirements and provisions of this chapter or any other applicable ordinance of the city.

(2)

Written notice of suspension or revocation or denial of a license issued pursuant to this chapter stating the cause therefor, shall be delivered to the licensee personally or by certified or registered mail return receipt requested to the address as shown on the application for license.

(3)

Any person whose license issued pursuant to this chapter is revoked or suspended, or any person whose application for a license is denied, shall have the right to a hearing before the council, provided a written request therefor is filed with the city clerk within ten days following the personal delivery of the date or mailing of the notice of revocation, suspension or denial within ten days following the denial of the application for a license.

(Ord. No. 966, § 1, 2-23-98)

It shall be a violation of this chapter for any person knowingly to file or to cause to be filed an application containing one or more false statements.

(Ord. No. 966, § 1, 2-23-98)

(1)

Licenses issued under this chapter shall bear the name and address of the person by whom the solicitation is made, the date issued, the dates within which the permit holder may solicit, and a statement that the permit does not constitute an endorsement by the city of the purpose of the solicitation or of the person or group conducting the solicitation. All licenses shall be signed by the city clerk.

(2)

Any license approved and issued under this chapter shall be nontransferable. Solicitors shall be required to obtain and carry licenses irrespective of whether employed by another licensee.

(Ord. No. 966, § 1, 2-23-98)

Every honorably discharged member of the Coast Guard, Army, Air Force, Navy or Marines of the military service of the United States, who is a resident of this county and a veteran of any war in which the United States of America has been or shall be a participant, shall have the right to solicit within this city, by procuring a license for the purpose as prescribed in this section. Application for such license shall be made to the city clerk in the form and manner prescribed in this chapter and upon presentation to the city clerk of a veteran's license issued by the Oakland County Clerk's Office. A solicitor's license shall be issued by the clerk to the applicant without cost. Such license shall be personal to the licensee and any assignment or transfer thereof shall be void.

(Ord. No. 966, § 1, 2-23-98)

(a)

The city clerk shall establish and maintain the do-not-knock registry. Any person in lawful ownership, possession or occupancy of any residence, house, apartment, or dwelling within the city may request that the city place and maintain his or her residence, house, apartment, or dwelling on the do-not-knock registry by submitting a written request on a form supplied by the city clerk. The written request shall contain the following information:

(1)

The name of the person completing the form.

(2)

The complete address of the residence, house, apartment, or dwelling to be placed on the do-not-knock registry.

(3)

The date the form was completed.

(4)

A statement that commercial solicitors, unless otherwise exempt herein, shall not knock, ring the doorbell, or otherwise physically call at his or her residence, house, apartment, or dwelling.

(5)

Any other information reasonably required by the city to verify the identity of the person completing the form as a lawful owner, occupant or possessor of the residence, home, house, apartment, or dwelling.

(Ord. No. 2137, § 1(7-80(a)), 4-22-19)

Every person who requests that the city place and maintain his or her residence, house, apartment, or dwelling on the do-not-knock registry shall be required to re-register his or her residence, house, apartment, or dwelling every five years. Any residence, house, apartment, or dwelling that is not re-registered shall be removed from the do-not-knock registry pursuant to this section.

(Ord. No. 2137, § 1(7-80(b)), 4-22-19)

(a)

Any person in lawful ownership, possession and occupancy of any residence, house, apartment, or dwelling within the city may request that the city remove his or her residence, house, apartment, or dwelling from the do-not-knock registry by submitting a written request on a form supplied by the city clerk. The written request shall contain the following:

(1)

The name of the person completing the form.

(2)

The complete address of the residence, house, apartment, or dwelling to be removed from the do-not-knock registry.

(3)

The date the form was completed.

(4)

A statement that his or her residence, house, apartment, or dwelling shall be removed from the do-not-knock registry.

(5)

Any other information reasonably required by the city to verify the identity of the person completing the form as a lawful owner, occupant or possessor of the residence, house, apartment, or dwelling.

(b)

After being placed on the do-not-knock registry, a residence, house, apartment, or dwelling shall remain on the registry until one of the following occurs:

(1)

The city clerk receives a written request to remove the residence, house, apartment, or dwelling from the do-not-knock registry pursuant to this section.

(2)

The city receives written notice that the person who submitted the request to have the residence, house, apartment, or dwelling added to the registry pursuant to section 7-80.1 is no longer a lawful owner, possessor or occupant of the residence, house, apartment, or dwelling.

(3)

The expiration of five calendar years, expiring on December 31 of the fifth full calendar year, from the date of the form submitted pursuant to section 7-80.1.

(Ord. No. 2137, § 1(7-80(c)), 4-22-19)

(a)

The city clerk shall provide a copy of the then-current do-not-knock registry to any person seeking a commercial solicitation license to solicit or conduct activity permitted by this ordinance. A copy of the do-not-knock registry shall also be available for public inspection in the city clerk's office during regular business hours.

(b)

The city's refusal or failure to add a residence, house, apartment, or dwelling to the do-not-knock registry, or refusal or failure to remove a residence, house, apartment, or dwelling from the do-not-knock registry, shall not be grounds for any claim against the city.

(Ord. No. 2137, § 1(7-80(d)), 4-22-19)

The following people are exempt from the terms of this ordinance:

(1)

Noncommercial solicitors acting in conformity with and pursuant to chapter 8, articles I and II of the Code of Ordinances;

(2)

Commercial solicitors acting in conformity with and pursuant to chapter 7, article IV of the Code of Ordinances for a residence, house, apartment or dwelling not on or not having been placed on the current do-not-knock registry;

(3)

Handbill distributors acting in conformity with and pursuant to chapter 17, article IV of the Code of Ordinances.

(Ord. No. 2137, § 1(7-80(e)), 4-22-19)

Any person who violates this ordinance, who is not otherwise exempt herein, by knocking, ringing the doorbell, or otherwise physically calling at a residence, house, apartment, or dwelling, that is registered on the current do-not-knock registry shall have their commercial solicitation license revoked by the city and/or shall be guilty of a misdemeanor and subject to the penalties specified in chapter 1, section 1-7 of the Code of Ordinances.

(Ord. No. 2137, § 1(7-80(f)), 4-22-19)