Sturgis City Zoning Code

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

Alcoholic beverage includes any spirituous, vinous, malt or fermented liquor, liquid or compound, whether or not medicated, proprietary, patented, and by whatever name called, containing one-half of one percent or more of alcohol by volume which is fit for use for beverage purposes.

Applicant means any person who seeks approval from the city commission to sell alcoholic beverages.

Licensee means any person who has been granted a license to sell alcoholic beverages in the city by the Michigan Liquor Control Commission.

Person means any legal entity, including, but not limited to, an individual, partnership, association, corporation, business trust, club, or lodge.

Sale includes exchange, barter, traffic, or furnishing any alcoholic beverage.

Spirits means any beverage which contains alcohol obtained by distillation, mixed with potable water and other substances in solution and includes, among other things, wine containing an alcoholic content of over 16 percent by volume.

(Code 1969, § 116.01)

Cross reference— Definitions generally, § 1-2.

(a)

Whoever violates any provision of this chapter shall, upon a finding of responsibility for a municipal civil infraction, be fined the sum specified in any fine schedules compiled, from time to time, by the city and filed with the court or a city agency of competent jurisdiction.

(b)

A failure to pay any fine imposed by a court or city agency of competent jurisdiction within any specified time period or a second violation of the same ordinance within a ninety-day period shall be deemed a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $500.00, or imprisonment in the county jail for a period not to exceed 90 days, or both.

(Code 1969, § 116.99)

This chapter shall not operate to limit any power or authority vested in the city or the city commission by virtue of any existing constitutional or statutory provision, and shall be considered to be only supplentary to the exercise or use of such vested authority and not in derogation thereof.

(Code 1969, § 116.08)

Enforcement of this chapter and inspection under this chapter shall be conducted by the city police officers and the city health officer, or such other city employees as may be designated by the city commission, from time to time.

(Code 1969, § 116.06)

(a)

This chapter covers these types of licenses:

(1)

Tavern license, which means any place licensed to sell, at retail, beer or wine for consumption on the premises only.

(2)

Class C license, which means any place licensed to sell beer, wine and spirits for consumption on the premises at retail.

(3)

Class B license, which means a hotel and/or motel licensed to sell beer, and wine, and spirits for consumption on the premises at retail.

(4)

Class A license, which means a hotel and/or motel licensed to sell beer and wine for consumption on the premises at retail.

(5)

SDD license, which means a place licensed to distribute spirits and mixed spirit drink in the original package for consumption off the premises.

(6)

SDM license, which means a place licensed to sell beer or wine, or both, at retail for consumption off the licensed premises.

(b)

This chapter does not apply to special one-day licenses to sell alcoholic beverages which may be granted under the applicable laws of the state to charitable, fraternal or nonprofit organizations.

(Code 1969, § 116.02(C), (D))

(a)

All applications to sell alcoholic beverages shall be made in the manner and form required by the Michigan Liquor Control Commission. Upon receipt of such application by the city, the city commission shall forthwith refer the application to the chief of police, the fire chief, the health officer, and any such other city officer or employee as it may so desire, who shall cause a thorough investigation to be made of the persons and premises involved in the application. The findings of such investigation shall be reported in writing to the city commission. Approval of the city commission shall require a majority vote of the members thereof.

(b)

No application to sell alcoholic beverages by the glass shall be approved if the applicant has been convicted of three or more liquor violations or a felony, in any court or before the Michigan Liquor Control Commission, within a period of five years preceding the receipt of the application.

(c)

The approval given any applicant is not transferable without the consent of the city commission.

(d)

No approved applicant shall transfer the location of the establishment for which approval was given, without the consent of the city commission.

(Code 1969, § 116.02(B), 116.05)

The city commission shall have the right at any time by resolution to suspend the sale, furnishing or delivery of alcoholic beverages for consumption on the premises throughout the entire city or any part thereof, whenever the commission deems such action necessary by reason of any public emergency. Violation either of this chapter, the rules and regulations of the Michigan Liquor Control Commission, or of any law or ordinance relative to the use of the premises or the conduct of any licensee may be used as basis to revoke or suspend either the approval granted under this chapter or for a request by the city commission to the Michigan Liquor Control Commission for revocation or suspension of such licenses. The city commission shall, in matters involving revocation or suspension, by resolution direct that a hearing be had before the city commission upon not less than three days' written notice to the approved licensee involved. Service of such notice may be made personally upon the licensee, or by posting a copy of the resolution at the premises where the licensee's sales of alcoholic beverages are conducted or at his usual place of abode. A majority vote of the members of the city commission shall be required for the revocation or suspension of any license.

(Code 1969, § 116.07)

(a)

All licensees, and their agents, servants and employees, shall wear clean clothing and be clean about their person. No person who has an infectious disease shall be employed where food or beverages are prepared, handled, stored or served.

(b)

All licensed establishments shall be equipped with two tanks and one power spray or three tanks for the purpose of washing, rinsing, disinfecting and sterilizing all bar and table service.

(c)

All dishes, glasses, mugs, steins, cups and table service used in the serving of food or beverages shall be effectively washed and cleansed in clean hot water of not less than one hundred ten degrees Fahrenheit. Such water shall contain an effective detergent or cleaning agent. Immediately after washing and before using, the dishes, glasses and utensils shall be effectively sanitized. The term "effectively washed and cleansed" shall mean, without limiting the generality of the phrase, free of film and foreign material, including lipstick, lip marks and fingerprints.

(d)

Following sanitization, all dishes, glasses, silverware and utensils shall be drained in an inverted position on sanitary drain racks, traps, or boards, with protection from flies, dust, and other contamination during storage.

(e)

All bars, tables, counters, coolers, extra bar tap rods, refrigerators, and all other fixtures or equipment and all basement rooms, or other places used to serve or store food, beer, wine, or liquor shall be kept in a clean and sanitary manner at all times.

(f)

All open windows, doors, and other openings to the outside shall be screened and protected against insects.

(g)

All licensed establishments dispensing alcoholic beverages shall provide properly designated flush toilets for each sex. Such toilets shall be so constructed as to ensure complete privacy as to segregation of sexes.

(h)

Toilets shall be easily accessible to any room where drinks are served with no entrance through a kitchen or other room where food is prepared.

(i)

Each toilet shall have adequate outside ventilation provided by an exterior window at least three square feet in area, fully openable, or a vertical duct not less than 48 square inches in area, leading to the exterior of the building, or forced air exhaust system by mechanical means.

(j)

The minimum floor space of each toilet shall be five feet in width and seven feet in length.

(k)

Such toilet shall have close-fitting, tight doors and shall have a nonabsorbent interior finish on floors, walls,and ceilings.

(l)

Toilets for men shall have the following equipment for every one hundred patrons or fraction thereof, based on dining table capacity of the establishment:

(1)

One wash bowl with running water (hot and cold);

(2)

Two intermittent or flush-type urinals;

(3)

One flush stool complete with cover, which shall be segregated from the urinals by a partition and door.

In addition, they shall have individual sanitary towers; ample soap and sanitary toilet paper, and a metal receptacle for accumulated wastes.

(m)

Toilets for women shall have the same equipment as for men, excepting urinals, in lieu of which an additional stool shall be required for each one hundred patrons or fraction thereof, based on dining table capacity.

(n)

All toilets and washrooms, including walls, floors, ceilings and fixtures, shall be kept in a clean and sanitary condition. Walls and ceilings shall be light-colored. All such toilets and washrooms shall be adequately lighted.

(o)

All licensed establishments shall be connected with a public sewerage system, or to sanitary facilities acceptable under local codes.

(Code 1969, § 116.03(A))

(a)

All licensed establishments dispensing alcoholic beverages for consumption on the premises shall have at least two exits. Exit doors shall open outward. During business hours no exit door shall be locked, bolted, or otherwise fastened so that the door cannot be opened from the inside by the use of a ordinary door latch or by pressure on the door or on a panic release device. Every exit doorway from an area with an occupant load of more than 100 persons shall be marked with an exit sign. Exit sign letters shall be at least six inches in height. Exits shall be illuminated at all times with light having an intensity of not less than one footcandle at floor level.

(b)

The number of persons permitted in any building or portion thereof used for dispensing alcoholic beverages shall not exceed that number which will allow a minimum of fifteen square feet per occupant of floor space.

(c)

Aisles leading directly to exit doorways shall not be obstructed by tables or chairs or other objects. Ready access to each exit doorway by aisles shall be provided.

(d)

No decorative material shall be used which will ignite and allow flames to spread over the surface when exposed to a match flame test applied to a piece removed from the material. Testing shall be done in safe place with the following procedure: The piece of material shall be exposed to a flame from a common match held in a horizontal position, one-half inch underneath the piece, and at a constant location for 15 seconds; if the material ignites it may not be used as decoration. Fireproofing treatments shall be renewed as often as may be necessary to maintain the flameproof effect.

(e)

It shall be the duty of the owner and the occupant of each licensed establishment dispensing alcoholic beverages for consumption on the premises to provide and maintain in good working condition suitable approved fire-detecting devices or extinguishing appliances as may be acceptable under state regulations. Such devices or appliances may consist of one or more of the following: automatic fire alarm system, automatic sprinkler, or water spray system, standpipe and hose, fixed or portable fire extinguishers of a type suitable for the probable class of fire, or suitable asbestos blankets, manual or automatic covers, or carbon dioxide or other inert gas extinguishing systems. Any of the foregoing devices or appliances installed shall be maintained in operative condition at all times and it shall be unlawful for any owner or occupant to reduce the effectiveness of the protection so required.

(f)

It shall be the duty of the owner and occupant of each building or part of a building housing a hotel, motel or restaurant having a class A, class B, or class C license properly to train sufficient regular employees in the use of the fire appliances so that such appliances can be quickly put in operation.

(Code 1969, § 116.03(B))

The minimum intensity of illumination prevailing in all parts of licensed establishments providing alcoholic beverages for consumption on the premises, at tabletop level, shall be one footcandle. This section shall not apply to cabarets during the actual floor shows or stage performances; light shall not be dimmer more than a total of two hours between 8:00 p.m. and 2:00 a.m.

(Code 1969, § 116.03(c))

All buildings or portions of buildings customarily used for dispensing or consuming alcoholic beverages shall be provided with light and ventilation by means of windows or skylights with an area of not less than one-eighth of the total floor area or shall be provided with artificial light and a mechanically operated ventilating system which provides at least four changes of air per hour.

(Code 1969, § 116.03(D))

Every establishment dispensing alcoholic beverages shall be maintained in good safe repair. Any establishment which is structurally unsafe or is not provided with adequate ingress and egress or which constitutes fire hazard, or is otherwise dangerous to human life or constitutes a hazard to safety or health by reason of inadequate maintenance, shall not be approved as a licensed establishment.

(Code 1969, § 116.03(E))

(a)

No licensee, or agent, servant, or employee of a licensee shall:

(1)

Either directly or indirectly sell, furnish, or deliver any alcoholic beverage, beer, or wine to any person unless such a person shall have attained the age of 21 years; nor shall any licensee, either directly or indirectly by himself, or by an agent, servant, or employee, at anytime sell, furnish, or deliver any alcoholic beverage to any person who is under the influence of intoxicating beverages.

(2)

Be in an intoxicated condition upon the licensed premises or allow an intoxicated person to frequent, loiter or be employed upon the licensed premises.

(3)

Refuse, fail or neglect to cooperate with any law enforcement officer in the performance of such officer's duties.

(4)

Allow in or upon his licensed premises any improper conduct, disturbances, lewdness, indecent, profane, or obscene language, songs, entertainment, literature, pictures or advertising materials; or cause to have printed or distributed any lewd, immoral, indecent, or obscene literature, pictures or advertising material.

(5)

Suffer or allow if or upon licensed premises the annoying or molesting of patrons or employees by other patrons, or employees.

(6)

Permit the licensed premises to be frequented by or become the meeting place, hangout, or rendezvous for known prostitutes, homosexuals, vagrants, or those who are known to engage in the use, sale, or distribution of narcotics or any other illegal activity or business.

(7)

Allow upon licensed premises slot machines, pinball machines, punch or pullboards, dice games, or any gambling or gaming devices, machines or apparatus, or gambling or gaming of any kind whatsoever. The presence of any such device, machine, or apparatus upon the premises of any licensed establishment shall be prima facie evidence of a violation of this subsection (a)(7).

(8)

Serve to or permit any patron to consume an alcoholic beverage unless such patron is either seated or standing at a bar or seated at a table or counter.

(9)

Have or maintain any rooms in connection with the licensed premises, excepting rooms used for toilets and kitchens; provided however, that this sentence shall not apply to premises operated as a hotel or motel. No licensee shall have or permit any inside connection, entrance, doorway, or aperture, between licensed premises and the premises of another person.

(10)

Permit the sale of alcoholic beverages upon any portion of the premises which shall have been leased or sold, or the right to possession of which shall have been transferred to another person not licensed.

(b)

No license shall be approved for the sale of spirits to any establishment operating for the sale or dispensing of alcoholic beverages to men only.

(Code 1969, § 116.04(A))

Every licensee shall have posted in a conspicuous place on the licensed premises a plainly visible printed list or menu showing the various types and prices of alcoholic drinks which he offers for sale.

(Code 1969, § 116.04(B))

Any person under the age of 21 years purchasing or offering to purchase beer or wine, or any alcoholic beverage, who represents himself falsely to be over the age of 21 years, or who gives false information regarding his age to any police officer, licensee, agent, servant, or employee in charge of any place where beer, wine and other alcoholic beverages are sold shall be deemed guilty of a misdemeanor and subject to the penalties provided in this chapter.

(Code 1969, § 116.04(c))