(a)

The purpose of this chapter is to regulate alcoholic liquors and establishments dealing in alcoholic liquors for the public health, safety, and welfare of the township and persons within its jurisdictional boundaries.

(b)

This chapter is designed to establish reasonable and uniform regulations to prevent potential adverse impacts relating to alcoholic liquor. The regulations of this chapter, including those provisions relating to the issuance, transfer, renewal, or revocation of liquor licenses and permits, are designed to provide objective and orderly procedures for the administration of this chapter.

(c)

The township board finds that nudity, partial nudity, and sexualized conduct in alcoholic liquor establishments begets undesirable behavior, including violations of the law and dangers to health, safety, and welfare of the public, and based on evidence of adverse secondary effects associated with certain conduct in alcoholic beverage establishments, which effects have been presented in hearings and reports made available to the township board, and on findings, interpretations, and narrowing constructions incorporated in numerous cases presented and made a part of the record and listed in the resolution supporting Ordinance No. C-775 adopted on June 3, 2013, published on June 12, 2013, and made available at the office of the township clerk. It is neither the purpose nor the effect of this chapter to impose a limitation or restriction on the content or reasonable access to any communicative materials or performances protected by the First Amendment. Where necessary, this chapter shall be construed to comply with all applicable Constitutional requirements.

(Ord. No. C-775, § 1, 6-17-13)

Editor's note— Ord. No. C-775-B, § 1, adopted Oct. 2, 2023, repealed § 5-2, which pertained to definitions and derived from Ord. No. C-775, § 1, adopted June 17, 2013.

(a)

Under twenty-one. A person less than twenty-one (21) years of age shall not purchase or attempt to purchase, consume or attempt to consume, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content except as provided in this section. The violation for a person less than twenty-one (21) years of age who violates this subsection is set forth as follows, is punishable by the sanctions listed, and is not subject to the sanctions prescribed by Section 909 of the Liquor Control Code, MCL 436.1909:

(1)

First offense. For a first violation, a person less than twenty-one (21) years of age is responsible for a civil infraction and shall be fined not more than one hundred dollars ($100.00). The court may order a person under this subdivision to participate in substance use disorder services as defined in MCL 333.6230 and designated by the administrator of the office of substance abuse services, to perform community service, and/or to undergo substance abuse screening at his or her own expense as described in subsection 5.5(e). A person less than twenty-one (21) years of age may be found responsible or admit responsibility only once under this subdivision.

(2)

Second offense. For a violation after one (1) prior judgment, a person less than twenty-one (21) years of age is guilty of a misdemeanor. A misdemeanor under this subsection is punishable by imprisonment for not more than thirty (30) days if the court finds that the person less than twenty-one (21) years of age violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, or by a fine of not more than two hundred dollars ($200.00), or both. The court may order the person under this subdivision to participate in substance use disorder services as defined in MCL 333.6230 and designated by the administrator of the office of substance abuse services, to perform community service and/or undergo substance abuse screening and assessment at his or her own expense as described in subsection 5.5(e).

(3)

Third or subsequent offense. For a violation after two (2) or more prior judgments, a person less than twenty-one (21) years of age is guilty of a misdemeanor. A misdemeanor under this subsection is punishable by imprisonment for not more than sixty (60) days if the court finds that the person less than twenty-one (21) years of age violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, or by a fine of not more than five hundred dollars ($500.00), or both, as applicable. The court may order the person under this subdivision to participate in substance use disorder services as defined in MCL 333.6230 and designated by the administrator of the office of substance abuse services, to perform community service, and/or undergo substance abuse screening and assessment at his or her own expense as described in subsection 5.5(e).

(b)

Deferral. If a person less than twenty-one (21) years of age pleads guilty to a violation of subsection 5.5(a)(2), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the person on probation. The terms and conditions of probation include, but are not limited to, the sanctions set forth in subsection 5-5(a)(3); payment of a probation supervision fee pursuant to MCL 771.3c; and payment of court ordered costs pursuant to MCL 769.1j. Upon violation of a term or condition of probation, the court may enter a plea of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section; or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one (1) discharge or dismissal under this subsection as to any individual. The court shall maintain a nonpublic record of the matter while proceedings are deferred and the individual is on probation and if there is a discharge and dismissal under this subsection. The Secretary of State shall retain a nonpublic record of a plea and of the discharge and dismissal under this subsection. These records shall be furnished to any of the following:

(1)

To a court, prosecutor, or police agency on request for the purpose of determining that an individual has already utilized this subsection.

(2)

To the department of corrections, a prosecutor, or a law enforcement agency, upon request of the department of corrections, a prosecutor, or a law enforcement agency, subject to all of the following conditions:

a.

At the time of the request, the individual is an employee of the department of corrections, the prosecutor, or the law enforcement agency, or an applicant for employment with the department, the prosecutor, or the law enforcement agency.

b.

The record is used by the department of corrections, the prosecutor, or the law enforcement agency only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.

(c)

Prior judgment. A misdemeanor violation of subsection (a) successfully deferred, discharged, and dismissed, is considered a prior judgment for the purposes of subsection 5-5(a)(3) only.

(d)

Suspension. The Secretary of State shall suspend the operator's or chauffeur's license of an individual convicted of a second or subsequent violation of subsection 5-5(a) or of violating subsection (2) of the Michigan Vehicle Code, Section 319, MCL 257.319(2).

(e)

Screening. The court may order an individual found responsible for or convicted of violating subsection 5.5(a) to undergo screening and assessment by a person or agency as designated by the department-designated community mental health entity as defined in MCL 330.1100a, to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. The court may order an individual subject to a misdemeanor conviction, or placed on probation regarding a violation of subsection 5.5(a) to submit to a random or regular preliminary chemical breath analysis. The parent, guardian, or custodian of a person who is less than eighteen (18) years of age and not emancipated under MCL 722.1 to 722.6, may request a random or regular preliminary chemical breath analysis as part of the probation.

(f)

Preliminary breath test requested. A peace officer who has reasonable cause to believe a person less than twenty-one (21) years of age has consumed alcoholic liquor or has any bodily alcohol content may request the person to submit to a preliminary chemical breath analysis. If the person does not consent to a preliminary chemical breath analysis, the analysis shall not be administered without a court order, but a peace officer may seek to obtain a court order. The result of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a civil infraction proceeding or a criminal prosecution to determine whether the person under twenty-one (21) has consumed or possessed alcoholic liquor.

(g)

Fraudulent identification. A person who furnishes fraudulent identification to a person less than twenty-one (21) years of age, or notwithstanding subsection 5-5(a), a person less than twenty-one (21) years of age who uses a fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three (93) days and/or a fine of not more than one hundred dollars ($100.00).

(h)

Parental notice. A law enforcement agency, upon determining that a person less than eighteen (18) years of age who is not emancipated under the Status of Minors and Child Support Act, MCL 722.1 to 722.6, allegedly consumed, possessed, purchased alcoholic liquor, attempted to consume, possess or purchase alcoholic liquor, or had any bodily alcohol content in violation of subsection 5.5(a) shall notify the parent or parents, custodian or guardian of the person as to the nature of the violation if the name of a parent, guardian or custodian is reasonably ascertainable by the law enforcement agency. The law enforcement agency shall notify the parent, guardian or custodian not later than forty-eight (48) hours after the law enforcement agency determines that the person who allegedly violated subsection 5-5(a) is less than eighteen (18) years of age and not emancipated under MCL 722.1 to 722.6. The law enforcement agency may notify the parent, guardian or custodian by any means reasonably calculated to give prompt and actual notice including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than seventeen (17) years of age is incarcerated by violating subsection 5-5(a), his or her parents or legal guardian shall be notified immediately as provided in this subsection.

(i)

Exceptions. This section shall not be construed to prohibit a person less than twenty-one (21) years of age from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by the state, by the liquor control commission, or by an agent of the liquor control commission, if the alcoholic liquor is not possessed for his or her personal consumption.

(j)

Healthcare exception. The following individuals are not considered to be a violation of subsection 5-5(a):

(1)

A person less than twenty-one (21) years of age who has consumed alcoholic liquor and who voluntarily presents himself or herself to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of Sections 520b to 520g of the Michigan Penal Code, MCL 750.520b to 750.520g, criminal sexual conduct, committed against the person less than twenty-one (21) years of age.

(2)

A person less than twenty-one (21) years of age who has consumed alcoholic liquor and who accompanies:

a.

An individual who has consumed alcoholic liquor; and

b.

The individual voluntarily presents himself or herself to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of Sections 520b to 520g of the Michigan Penal Code, MCL 750.520b to 750.520g, criminal sexual conduct, committed against the person less than twenty-one (21) years of age.

(3)

A person less than twenty-one (21) years of age who has consumed alcoholic liquor and initiates contact with a peace officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.

(k)

Parental notification. If a person under the age of eighteen (18) who is not emancipated under MCL 722.1 to 722.6, voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided under subsection (j), and if the name of a parent, guardian or custodian is reasonably ascertainable by the health facility or agency, the health facility or agency shall notify, by telephone or by regular first class mail, the parent or parents, guardian or custodian of the individual as to the nature of the treatment or observation.

(l)

Liability. This section shall not be construed to limit the civil or criminal liability of the vendor of the vendor's clerk, servant, agent or employee for a violation of this chapter.

(m)

Educational institution. The consumption of alcoholic beverages by a person less than twenty-one (21) years of age who is enrolled in a course offered by an accredited post-secondary educational institution in an academic building of the institution under the supervision of a faculty member shall not be prohibited by this chapter if the purpose is solely educational and a necessary ingredient of the course.

(n)

Religious services. The consumption by a person less than twenty-one (21) years of age of sacramental wine in connection with religious services at a religious institution is not prohibited by this chapter.

(o)

Undercover operation. Subsection 5-5(a) does not apply to a person less than twenty-one (21) years of age who participates in either or both of the following:

(1)

An undercover operation in which the person less than twenty-one (21) years of age purchases or receives alcoholic liquor under the direction of the person's employer and with the approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.

(2)

An undercover operation in which the person less than twenty-one (21) years of age purchases or receives alcoholic liquor under the direction of the state police, the commission, or the police department as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the person less than twenty-one (21) years of age was not under the direction of the state police, the commission, or the police department and was not part of the undercover operation.

(p)

Recruitment. As prohibited by MCL 436.1703(16), the state police, the commission, or the police department shall not recruit or attempt to recruit a person less than twenty-one (21) years of age for participation in an undercover operation at the scene of a violation of subsection 5-5(a), MCL 436.1701(1), or MCL 436.1801(2).

(q)

Affirmative defense. In a criminal prosecution for the violation of subsection 5-5(a) concerning a person less than twenty-one (21) years of age having any bodily alcohol content, it is an affirmative defense that the person less than twenty-one (21) years of age consumed the alcoholic liquor in a venue or location where that consumption is legal.

(r)

Additional definitions. As used in this section:

(1)

Any bodily alcoholic content means either of the following:

a.

An alcohol content of 0.02 grams or more per one hundred (100) milliliters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (67) milliliters of urine.

b.

Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

(2)

Emergency medical services personnel means that term as defined in the Public Health Code, Section 20904, MCL 333.20904.

(3)

Health facility or agency means that term as defined in Section 20106 of the Public Health Code, 1978 PA 368, MCL 333.20106.

(4)

Prior judgment means a conviction, juvenile adjudication, finding of responsibility, or admission of responsibility for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:

a.

Michigan Liquor Control Code, MCL 436.1703, MCL 436.1701 or MCL 436.1707;

b.

Michigan Vehicle Code, MCL 257.624a, MCL 257.624b, or MCL 257.625;

c.

Michigan Natural Resources and Environmental Protection Act, MCL 324.80176, MCL 324.81134; and MCL 324.82127.

d.

Michigan Penal Code, MCL 750.167a and MCL 750.237.

(Ord. No. C-775, § 1, 6-17-13; Ord. No. C-775-A, § 1, 10-16-17)

Cross reference— MCL 436.1703

(a)

Misdemeanor. Alcoholic liquor shall not be sold or furnished to a person unless the person has attained twenty-one (21) years of age, except as otherwise provided in subsection 5-6(b) and subject to subsection 5-6(e), a person who knowingly sells or furnishes alcoholic liquor, or who fails to make diligent inquiry as to whether the person is twenty-one (21) years of age to a person who is less than twenty-one (21) year of age and is guilty of a misdemeanor.

(b)

Municipal civil infraction. If the violation set forth in subsection 5-6(a) is the result of an undercover operation in which the person who is less than twenty-one (21) years of age received alcoholic liquor under the direction of the state police, commission, or a local police agency as part of an enforcement action, the retail licensee's clerk, agent, or employee is responsible for a municipal civil infraction and may be ordered to pay a civil fine of not more than one hundred dollars ($100.00).

(c)

Licensed establishment. If a violation occurs in an establishment that is licensed by the commission for consumption of alcoholic liquor on the licensed premises, a person who is a licensee or the clerk, agent, or employee of a licensee shall not be charged with a violation of subsections 5-6(a) or 5-6(b) unless the licensee of the clerk, agent, or employee of the licensee knew or should have reasonably known with the exercise of due diligence that a person less than twenty-one (21) years of age possessed or consumed alcoholic liquor on the licensed premises and the licensee or clerk, agent, or employee of the licensee failed to take immediate corrective action:

(1)

Corrective action. Corrective action means action taken by a licensee or a clerk, agent, or employee of a licensee designated to prevent a person under twenty-one (21) from further possessing or consuming alcoholic liquor on the licensed premises. Corrective action includes, but is not limited to, contacting a law enforcement agency and ejecting the person under twenty-one (21) and any other person suspected of aiding and abetting the person under twenty-one (21).

(d)

Defense. In an action for the violation of this section, proof that the defendant or the defendant's agent or employee demanded and was shown, before furnishing alcoholic liquor to a person who is less than twenty-one (21) years of age, a motor vehicle operator's or chauffeur's license, a military identification card, or other bona fide documentary evidence of the age and identity of that person, shall be a defense to an action brought under this section.

(e)

Police department enforcing agency. If the police department is the enforcing agency, a licensee shall not be charged with a violation of subsections 5-6(a) or 5-6(b) unless all the following occur, if applicable:

(1)

Enforcement action is taken against the person less than twenty-one (21) years of age who purchased or attempted to purchase, consumed or attempted to consume, or possessed or attempted to possess alcoholic liquor.

(2)

Enforcement action is taken under this section against the person twenty-one (21) years of age or older who is not the retail licensee or the retail licensee's clerk, agent, or employee who sold or furnished the alcoholic liquor to the person less than twenty-one (21).

(3)

Enforcement action under this section is taken against the clerk, agent, or employee who directly sold or furnished alcoholic liquor to the person less than twenty-one (21) years of age.

(f)

Undercover operation. If a person who is less than twenty-one (21) years of age participates in an undercover operation in which the person is to purchase or receive alcoholic liquor under the supervision of the law enforcement agency, his or her parents or legal guardian shall consent to the participation if that person is less than eighteen (18) years of age.

(g)

Diligent inquiry. Diligent inquiry shall mean a diligent good faith effort to determine the age of a person, which includes at least an examination of an official Michigan operator's or chauffeur's license, an official Michigan personal identification card, a military identification card, or any other bona fide picture identification which establishes the identity and age of the person.

(Ord. No. C-775, § 1, 6-17-13)

State Law reference— MCL 436.1701.

A minor child under seventeen (17) years of age shall not be permitted to remain in an alcoholic liquor licensed establishment, unless the minor is accompanied by a parent, guardian or adult custodian. A proprietor, keeper or manager who permits a minor child to remain, or any person who encourages or induces in any way a minor child to enter the place or to remain there, shall be deemed guilty of a misdemeanor.

(Ord. No. C-775, § 1, 6-17-13)

State Law reference— MCL 750.141.

(a)

Unlicensed premises. A person shall not do either of the following:

(1)

Maintain, operate, or lease, or otherwise furnish to any person, any premises or place that is not licensed under the Liquor Control Code, MCL 436.1 et seq., where a person may engage in the drinking of alcoholic liquor for consideration.

(2)

Obtain by way of lease or rental agreement, and furnish or provide to any other person, any premises or place that is not licensed under the Liquor Control Code, MCL 436.1 et seq., within which any person may engage in the drinking of alcoholic liquor for consideration.

(b)

Unlicensed premises. A person shall not consume alcoholic liquor in a commercial establishment selling food if the commercial establishment is not licensed under the Liquor Control Code, MLC 436.1 et seq. A person owning, operating, or leasing a commercial establishment selling food which is not licensed under the Liquor Control Code, MCL 436.1 et seq., shall not allow the consumption of alcoholic liquor on its premises.

(c)

Exception. This section shall not apply to any hotel or any licensee under the Liquor Control Code, MCL 436.201 et seq.

(d)

Exception. This section shall not be construed to repeal or amend MCL 436.2019, sales in hotel rooms.

(e)

Consideration defined. As used in this section, "consideration" includes any fee, cover charge, ticket purchase, the storage of alcoholic liquor, the sale of food, ice, mixers, or other liquids used with alcoholic liquor drinks, or the purchasing of any service or item, or combination of service and item; or includes the furnishing of glassware or other containers for use in the consumption of alcoholic liquor in conjunction with the sale of food.

(Ord. No. C-775, § 1, 6-17-13)

State Law reference— MCL 436.1913.

No licensee shall knowingly or recklessly engage in or permit on the licensed premises any of the following live conduct:

(1)

Act of sexual intercourse, fellatio, cunnilingus, masturbation, sodomy, bestiality, or flagellation;

(2)

The engaging in physical contact with, touching, caressing, or fondling, by an employee, of the breast, buttocks, lap, pubic region, or genitals of a patron, whether directly or through clothing or other covering;

(3)

The engaging in physical contact with, touching, caressing, or fondling, by a patron, of the breast, buttocks, lap, pubic region, or genitals of an employee, whether directly or through clothing or other covering; or

(4)

The display or exposure, by an employee to a patron, of the employee's genitals, pubic hair, pubic region, buttocks, natal cleft, perineum, anus, vulva or any portion of the female breast at or below the areola thereof; excluding any portion of the cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part. This subsection (4) does not apply to conduct in theaters, concert halls, art centers, museums, or similar establishments that are primarily devoted to the arts or theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value. The exception in the previous sentence shall not be construed to apply to any sexually oriented business as defined by applicable law.

(Ord. No. C-775, § 1, 6-17-13)

Article III establishes an application and review process for the issuance of both new licenses and the transfer of existing liquor licenses into the township or between or among liquor license applicants. The process is intended to ensure that the individuals and entities seeking licenses to operate liquor licensed businesses within the township meet certain minimum requirements as to criminal history, past conduct, and business operation standards. It requires township board review of the application information in light of criteria that is established for purposes of identifying the kinds of facilities that qualify for a license. It reserves to the township any and all discretion afforded the township under applicable law relating to the issuance of a license to operate a liquor licensed business in the township.

(Ord. No. C-775-B, § 3, 10-2-23)

For purposes of this chapter, the following definitions shall apply:

Alcoholic liquor shall mean any beverage or compound containing one-half of one percent (0.005%) or more of alcohol by volume, which is used for human consumption. The term includes, but is not limited to, beer, wine, and spirits.

Approval shall mean the consent of the township board.

Commission shall mean the Michigan Liquor Control Commission.

Disqualifying criminal act shall mean any of the following:

1)

An offense punishable by death or imprisonment in excess of one (1) year under any of the following statutes, as amended, for which less than seven (7) years elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:

i.

Michigan Penal Code, Chapter IV, Adulterating and Misbranding.

ii.

Michigan Penal Code, Chapter X, Arson and Burning.

iii.

Michigan Penal Code, Chapter XI, Assaults, except MCL 750.81(1) and (2).

iv.

Michigan Penal Code, Chapter XVII, Bribery and Corruption.

v.

Michigan Penal Code, Chapter XXII, Compounding Offenses.

vi.

Michigan Penal Code, Chapter XXVA, Criminal Enterprises.

vii.

Michigan Penal Code, Chapter XXVIII, Disorderly Persons.

viii.

Michigan Penal Code, Chapter XXXI, Embezzlement.

ix.

Michigan Penal Code, Chapter XXXIII, Explosives, Bombs, Harmful Devices.

x.

Michigan Penal Code, Chapter XXXIV, Extortion.

xi.

Michigan Penal Code, Chapter XLIII, Frauds and Cheats.

xii.

Michigan Penal Code, Chapter XLIV, Gambling.

xiii.

Michigan Penal Code, Chapter XLV, Homicide.

xiv.

Michigan Penal Code, Chapter XLVIII, Indecency and Immorality.

xv.

Michigan Penal Code, Chapter LVIII, Mayhem.

xvi.

Michigan Penal Code, Chapter LXVII, Prostitution.

xvii.

Michigan Penal Code, Chapter LXVIIA, Human Trafficking.

xviii.

Michigan Penal Code, Chapter LXXVI, Sexual Conduct.

xix.

Michigan Penal Code, Chapter LXXVIII, Robbery.

xx.

Michigan Penal Code, Chapter LXXXIII-A, Michigan Anti-Terrorism Act.

xxi.

Michigan Compiled Laws, Chapter 333, Article 7, Part 74, Controlled Substances - Offense and Penalties.

xxii.

Michigan Compiled Laws, Chapter 205, MCL 205.27, Taxation-Prohibited Acts, including tax evasion.

xxiii.

Michigan Compiled Laws, Chapter 257, MCL 257.625 and 257.625a, Operating Motor Vehicle While Intoxicated or Operating Motor Vehicle When Visibly Impaired.

xxiv.

Michigan Penal Code, Chapter 750, MCL 750.478a, 750.479, 750.479a, 750.479c, Hindering, Obstructing, Resisting, Providing False Information

2)

Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses.

3)

Any offense enumerated in the Township Code of Ordinances which substantially corresponds to one (1) of the foregoing state offenses.

4)

Any offense in another state that, if committed in Michigan, would have constituted any of the foregoing offenses in Michigan.

Employee shall mean a person who renders any service in connection with the operation of the liquor licensed business on a full time, part-time, or contract basis and receives consideration from the operator of the business or its patrons. Employee includes independent contractor, agent, apprentice, trainee, leased personnel and/or other similar relationships. Employee does not include a person who is exclusively on the premises for repair or maintenance of the premises, delivery of goods to the premises, or other similar purpose.

Influential interest shall mean any of the following:

1)

Actual power to operate or control the operation, management, or policies of a liquor licensed business or prospective business to sell alcoholic beverages; or

2)

Ownership of a financial interest in a liquor licensed business or ownership of an interest that is ten (10) percent or more of the total interest of a liquor licensed business, or a prospective business to sell alcoholic beverages, including such business entities as a firm, partnership, limited partnership, association, limited liability company, or corporation; or

3)

Holding an office, such as president, vice-president, secretary, treasurer, managing member, managing director, or other such office in a legal entity which operates a liquor licensed business or a prospective business to sell alcoholic beverages.

License shall mean a license issued to sell alcoholic liquor at retail for consumption on or off the premises.

Licensee shall include all persons and/or entities with an influential interest in the business for which a liquor license has been issued.

Off-premises license shall mean a license to sell alcoholic liquor at retail for consumption off the licensed premises, including specially designated merchant (SDM) and specially designated distributor (SDD) licenses.

On-premises license shall mean a license to sell alcoholic liquor at retail for consumption on the licensed premises, including Class C, tavern, brewpub, and microbrewer license.

Person shall include an individual, firm, partnership, limited partnership, association, limited liability company, or corporation.

Premises shall mean the location for which a license has been issued for the sale of alcoholic liquor which includes the land, all improvements located thereon, the primary building, and all accessory and out-buildings.

Redevelopment shall mean a project that constructs new buildings, structures, and land uses on a site with previous or existing uses. A renovation that is limited to aesthetic updates and/or interior renovation does not qualify as redevelopment.

(Ord. No. C-775-B, § 3, 10-2-23)

This article shall apply to applications for the following types of liquor licenses:

a)

New on-premises. New licenses available pursuant to the quota provisions of the Michigan Liquor Control Code, MCL 436.1531, to sell alcoholic liquor at retail for on-premises consumption within the township including Class C, tavern, brewpub, and microbrewer licenses.

b)

Transfer on-premises. Transfer of ownership or location of a license, including those in escrow, to sell alcoholic liquor at retail for on-premises consumption within the township including, Class C, tavern, brewpub, and microbrewer licenses.

c)

New off-premises. New licenses available pursuant to the quota provisions of the Michigan Liquor Control Code, MCL 436.1533, to sell alcoholic liquor for off-premises consumption, including specially designated merchant (SDM) and specially designated distributor (SDD) licenses.

d)

Transfer off-premises. Transfer of ownership or location of licenses, including those in escrow, to sell alcoholic liquor for off-premises consumption including, specially designated merchant (SDM) and specially designated distributor (SDD) licenses.

e)

Other licenses. This article does not apply to applications for special licenses; or hotel, private, club, aircraft, train, watercraft and beer festival licenses; or permits issued by the commission.

(Ord. No. C-775-B, § 3, 10-2-23)

It is the policy of the township that applicants for approval of a liquor license are required to demonstrate all of the following: i) an identifiable benefit to the township that will result from approval of the license; ii) compliance with all application requirements; iii) receipt of a positive review from all required departments; iv) compliance with all standards for approval; and v) for an application seeking approval of a new on-premises retail license, compliance with all required pre-application criteria.

(Ord. No. C-775-B, § 3, 10-2-23)

a)

Pre-application criteria resolution. Due to the quota provisions of MCL 436.531 limiting the number of new on-premises retail licenses issued within a community and the infrequent allotment of new liquor licenses, the township board shall adopt a resolution establishing pre-application criteria for new on-premises retail licenses. The pre-application criteria shall be commensurate with the township's expressed goal of promoting economic redevelopment; fostering commercial stability; creating vitality, and drawing commercial and entertainment enterprises to the township.

b)

Pre-application questionnaire required. A person that desires a new on-premises retail liquor license shall demonstrate compliance with the pre-application criteria established by resolution of the township board by filing a completed pre-application questionnaire with the township clerk's office prior to filing an application for approval of a new on-premises retail license.

c)

Staff review. Upon receipt of the completed pre-application questionnaire, it shall be forwarded to the planning and development services department to evaluate whether the application complies with pre-application criteria and provide a report to the township board.

d)

Township board review. The completed pre-application questionnaire and staff report shall be submitted to the township board at the next available regular board meeting for a determination of whether the applicant demonstrated compliance with the pre-application criteria. If the board determines that the applicant demonstrated compliance, an application for local approval of an on-premises license may be filed with the township in accordance with section 5-21 of this article. If the township board determines that the applicant did not demonstrate compliance with the pre-application criteria, a resolution of disapproval for a new license shall be sent to the commission and a copy sent to the applicant.

e)

No vested interest. An applicant who qualifies to apply for a new on-premises retail liquor license is also required to demonstrate compliance with all other requirements of this chapter and all applicable requirements of the Code of Ordinances. No applicant shall be considered to have acquired any vested interest in the issuance of a license by complying with the pre-application requirements. After an applicant obtains pre-application approval, the applicant must also obtain approval of the new on-premises retail liquor license by both the township board and the commission.

(Ord. No. C-775-B, § 3, 10-2-23)

a)

Required. Every applicant for i) a new on-premises retail license; ii) the transfer of an on-premises license; iii) a new off-premises license; or iv) the transfer of an off-premises license shall be required to obtain approval from the township board in accordance with the provisions of this article and the Michigan Liquor Control Commission in order to operate a liquor licensed business in the township.

b)

Applicant. Applicant is defined to include all persons and entities i) proposed to be owners of the license and/or of the business where the license will be used; ii) all management personnel for the business; iii) all persons and entities proposed to be involved in the finance of the license and/or the business where the license will be used; and iv) all persons with an influential interest in the license and/or the business where the license will be used. In the case of a partnership, the applicant shall include all partners in the partnership. In the case of a corporation, other than a corporation with publicly traded stock, the applicant shall include all shareholders. In the case of a limited liability company, the applicant shall include all members.

c)

Local determination. The weight to be given to the criteria identified in this article, and the determination whether a particular applicant meets or satisfies the criteria required by this article shall be made by the township board.

d)

Reservation of authority. No applicant for a liquor license has a right to the issuance of such license to sell alcoholic liquor within the township, and the township board reserves the right to determine who meets the requirements of this article for issuance.

(Ord. No. C-775-B, § 3, 10-2-23)

Applicants shall demonstrate an identifiable benefit to the township that will result from the grant of the license. While all of the criteria set forth in this article are relevant to the decision whether to grant a license, applicant must demonstrate in particular that the proposed liquor licensed business will provide one (1) of the following benefits:

1)

Will provide a service, product, or function that: i) is unique to the township, or is not currently available within the township or a specified area of the township; and ii) will not be detrimental to the township or a specified area of the township; or

2)

Is of a character that will foster or generate economic development or growth within the township or a specified area of the township in a manner consistent with the township's policies; or

3)

Represents a financial investment and expansion on the part of a long-term business serving the local community.

(Ord. No. C-775-B, § 3, 10-2-23)

a)

Township application required. An applicant that qualifies for a new on-premises retail license; or an applicant for a new off-premises license; or for the transfer of a license, shall submit to the township a fully completed West Bloomfield Liquor License Application on a township-approved form, together with all required documentation and materials.

b)

Complete application. An application shall be considered complete when it contains, for each applicant the information and/or items required by this article together with the required application fee.

c)

Required information. The application shall include, at a minimum, the following information:

1)

License. The license(s) requested, and the RQ number assigned by the commission.

2)

License type. Identify whether the requested approval is for a new license (quota), an ownership transfer, a location transfer, or a license from escrow. If applicable, attach a copy of the purchase agreement for the license.

3)

Name and address of applicant. The applicant's full true name and any other names used by the applicant in the preceding seven (7) years, and address. If the applicant is a partnership, corporation, limited liability company, or other legal entity, then all persons with an influential interest in the entity shall provide the information required. Each applicant must qualify to be licensed, and each applicant shall be considered a licensee if a license is granted. Applicant shall include the following:

i)

If the applicant is a partnership, the name and address of each partner shall be provided, and a copy of any partnership agreement attached.

ii)

If the applicant is a privately held corporation, the names and addresses of all corporate officers, members of the board of directors, and stockholders shall be provided, and a copy of the articles of incorporation attached.

iii)

If the applicant is a publicly held corporation, the names and addresses of all corporate officers, members of the board of directors, and stockholders who own ten (10) percent or more of the corporate stock shall be provided.

iv)

If the applicant is a limited liability company, the names and addresses of all members, managers and assignees of membership interests shall be provided, and a copy of the articles of organization attached.

3)

Business address. Current business address of the applicant.

4)

Proof of identity and age. Written proof of identity and minimum age in the form of a driver's license, state identification, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.

5)

Emergency contact. The name, address, and telephone number of the person to be called in the event of an emergency at the business to be licensed.

6)

Proposed premises. Address, parcel identification number, legal description, and zoning district of the property where the licensed business is to be located; whether the applicant owns the premises or has a lease to use the premises for a business licensed to sell alcoholic liquor; and, if leased, a copy of the lease.

7)

Location. A statement as to whether the location of the proposed business is within five hundred (500) feet of a place of worship or school building.

8)

Type of business. A statement as to the type of business proposed including the following information:

i)

Whether a new building is proposed or use of an existing structure;

ii)

Whether the applicant will be constructing an interior alteration or building addition;

iii)

The estimated date of commencement of construction and the estimated date of completion of construction; and

iv)

Provide a sketch plan which complies with the requirements of zoning ordinance section 6.1.3, that includes a depiction of the relationship of the building to the surrounding properties and uses; proposed building elevations; floor plans; seating arrangements; seating capacity; bar location(s); dance and entertainment areas; site dimensions; and parking.

9)

Operational statement. An operational statement including business concept and methods of operation such as alcohol management plan, food service plan, crowd management, seating capacity including indoor and outdoor seating, parking facilities, hours of operation, expected date of opening, and estimated cost of development.

10)

General business history. For each applicant, their general employment and business history, including general management experience.

11)

Liquor license business history. For each applicant, their employment and management experience with liquor licensed businesses, and for all liquor licensed businesses in which the applicant has/had an influential interest include all of the following:

i)

The name and address of the business.

ii)

The name in which the liquor license is/was issued.

iii)

The number of years the applicant had an influential interest in the business.

iv)

The number of years that the applicant worked in a liquor licensed business(s).

v)

The position or role that the applicant held in such business(s).

vi)

A statement as to whether the applicant has had a liquor license suspended, revoked or not renewed for cause in the last seven (7) years.

vii)

A statement as to whether the applicant has been found to be in violation of regulations promulgated by the commission, except violations for non-sufficient funds (NSF), on more than four (4) occasions per licensed location in the last seven (7) years.

12)

Prior nuisance. A statement as to whether, within seven (7) years prior to the filing of the application, any liquor licensed business in which an applicant had an influential interest was declared by a court of law to be a nuisance under MCL 600.3801.

13)

Authority to transact business. Attach proof of registration with the department of licensing and regulatory affairs to transact business in Michigan, and a copy of the Michigan Sales Tax License.

14)

Insurance. Attach a certificate of insurance enumerating the insurance coverage and policy limits for the business.

15)

Criminal history. The applicant's criminal history for the last seven (7) years, including all convictions, guilty pleas, and pleas of no contest or nolo contendere. For each of these, the applicant shall provide all of the following:

i)

The offense charged.

ii)

The date of the offense.

iii)

The jurisdiction of the offense.

iv)

The date of the conviction, guilty plea, or plea of no contest or nolo contendere.

v)

If the applicant was incarcerated for the offense, the date on which the applicant was released from confinement.

vi)

Whether the applicant is still on probation for the offense.

16)

Application fee. Each application shall be accompanied by a non-refundable application fee in the amount prescribed by resolution of the township board sufficient to cover the costs of investigation, review, and inspection.

e)

Consent. By submitting an application pursuant to this article, the applicant consents to a background investigation including, but not limited to: criminal history, business history, civil actions, liquor license suspensions, revocations, non-renewals, liquor license violations, investigations by other governmental agencies, business reputation, or any other background information related to the applicant's fitness to operate a liquor licensed business in the township.

f)

Signature required. Each applicant as specified above shall submit and sign a West Bloomfield Liquor License Application certifying that all statements made in the application and attached exhibits are considered material representations, and are true. Signatures shall be notarized.

g)

Disclosure. The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the township; and all personal information shall be deemed confidential and may be disclosed only as required by law or by court order.

(Ord. No. C-775-B, § 3, 10-2-23)

The applicant shall certify on the application that, if granted approval, the applicant affirms that:

i)

The proposed business will be in operation and the license will be in use within six (6) months of township board approval.

ii)

For a new license issued pursuant to the quota provisions of the Michigan Liquor Control Code, the applicant acknowledges that if for any reason, applicant discontinues the use and operation of the new on-premises retail license for a period in excess of ninety (90) consecutive days without the prior written consent of the township board, then the applicant shall return the license to the MLCC and request that its rights to the license be terminated, and the license shall not be placed or continued in escrow but instead shall be returned to the township to be added to its available licenses under the quota provisions of Section 531 of the Michigan Liquor Control Code of 1998 (MCL 436.1531).

(Ord. No. C-775-B, § 3, 10-2-23)

(a)

Notice. Within ten (10) business days of receipt of an incomplete application, the township shall notify the applicant(s) that the application is incomplete and will not be processed until completed.

(b)

Additional information. The township may request any additional information related to an applicant's personal, employment, or business history; financial condition; and/or criminal history that directly relates to the applicant's ability to operate a liquor licensed business.

(c)

Incomplete application. If the application remains incomplete for thirty (30) days from the date a notice of incomplete application was sent, unless applicant receives an extension in writing as provided in section 5-28(b); or the application remains incomplete after an approved extension has expired, the application shall be considered incomplete and withdrawn from consideration, and notice of the incomplete application and withdrawal shall be sent to the applicant and to the commission by the township clerk. The filing of a new updated application, with a new filing fee, shall be required when the applicant is ready to proceed.

(Ord. No. C-775-B, § 3, 10-2-23)

a)

Departments. Upon the receipt of a complete application that includes the documentation required, a copy of the application shall be forwarded to the following departments for review: police, building, code enforcement, fire, planning, treasurer's office, water utilities, and any other applicable department.

b)

Recommendation. Each department shall review the application materials for compliance with the standards set forth in section 5-25 and other applicable township ordinances, and state laws. Within ten (10) business days, each department shall provide a written recommendation based on their review.

c)

Legal review. Upon receipt of the complete application that includes the documentation required, and all departmental recommendations, the documentation shall be forwarded to the township attorney to review for compliance with the requirements of this article and prepare a report of the findings to the township board.

d)

Submission to board. Upon completion of legal review, the township attorney shall submit the application together with the departmental recommendations, and attorney's report to the township board for consideration.

(Ord. No. C-775-B, § 3, 10-2-23)

The township board shall not approve an application unless applicant demonstrates compliance with all the following requirements:

1)

Age. Applicant is at least twenty-four (24) years of age.

2)

Use of premises. Applicant owns the premises for which a liquor license is sought or has a lease granting applicant the legal right to a continual use of the proposed premises for the sale of alcoholic liquor for at least five (5) years.

3)

Zoning compliance. The proposed premises are in compliance with the zoning ordinance and all approved site plans.

4)

Distance. The proposed business is located more than five hundred (500) feet from a place of worship or school building.

5)

Impact. The proposed location and methods of operation will not have a substantial negative impact on vehicular traffic, pedestrian traffic, noise, or on nearby properties; and will not have a substantial negative effect on economic development in the surrounding area.

6)

General business experience. Applicant has general experience in a similar business.

7)

Management experience. Applicant has demonstrated that applicant has for more than three (3) years responsibly operated a business licensed to sell alcoholic liquor, as a licensee or as a manager with substantial experience in serving alcoholic liquor.

8)

Liquor license actions. Applicant has not had a liquor license suspended, revoked, or not renewed for cause in the last seven (7) years.

9)

Liquor license violations. Applicant has not been found to be in violation of regulations promulgated by the commission, except violations for non-sufficient funds (NSF), on more than four (4) occasions, per licensed location, in the last seven (7) years.

10)

Nuisance. In the last seven (7) years, applicant has not had a liquor licensed business which applicant had an influential interest in declared by a court to be a nuisance under MCL 600.3801.

11)

Transact business. The business is registered to do business in Michigan and has obtained a sales tax license.

12)

Criminal record. Applicant has not been convicted of or pled guilty, nolo contendere, or no contest to a disqualifying criminal act in the last seven (7) years.

13)

Existing building. The premises for the proposed business comply with applicable building, plumbing, mechanical, electrical, or property maintenance codes, and a certificate of occupancy has been issued.

14)

New construction, addition, or alteration. In the event the new construction, addition, or alteration is not completed on the date of township board review, if the construction project has i) received site plan approval; and ii) a building permit has been issued, the township board may consider the application and vote to approve the application or vote to postpone the final decision on the application until completion of the construction to allow the applicant to demonstrate compliance with approved plans and issuance of a certificate of occupancy.

15)

Code violations. There are no outstanding code violations at the proposed business location.

16)

Fire. The premises for the proposed business comply with all applicable fire prevention codes, ordinances, and regulation.

17)

Taxes, fees, and charges. There are no outstanding real estate taxes due for the proposed premises and applicant has no unpaid fees or charges due to the township.

18)

Water and sewer. There are no outstanding unpaid water or sewer fees due and the water facilities are adequate for the proposed capacity of the premises.

19)

Accurate and true. Each applicant has provided the information required by this regulation and has accurately and truthfully answered all the questions.

20)

Fee. Applicant has paid the liquor license application fee.

(Ord. No. C-775-B, § 3, 10-2-23)

Unless an extension is granted pursuant to section 5-28, within sixty (60) days of the receipt of all of the following: i) a complete application; ii) all departmental recommendations; and iii) the township attorney report, the township board shall consider the application to: 1) ensure the record is complete and includes all evidence presented regarding an application; 2) issue a decision either approving or disapproving the application; 3) provide grounds for its decision on the record. The township board shall transmit its decision in writing to the commission with a copy sent to the applicant.

(Ord. No. C-775-B, § 3, 10-2-23)

If an application for local approval of an on-premises or off-premises liquor license also seeks local approval for a related permit, local approval for such permit(s) shall be granted provided that the application meets all of the requirements in this chapter for approval of a liquor license, and applicable zoning regulations, except that no local approval shall be given for a topless activity permit, or for an extended hours permit, or a permit for an activity that does not comply with applicable zoning regulations.

(Ord. No. C-775-B, § 3, 10-2-23)

a)

Applicant. Upon the written request for an extension by the applicant, the deadlines for submission, review, or decision as set forth in this article may be extended for a specified time period up to ninety (90) days for the applicant to obtain and present all information required or requested by the reviewing departments, or by the township board. A copy of the applicant's request for extension shall be forwarded to the commission.

b)

Township board. The deadline for the decision of the township board may also be extended for a period of up to thirty (30) days no more than two (2) times by the township board to permit the gathering of additional information related to the project or the applicant's ability to operate a liquor licensed facility consistent with public health, safety, and welfare.

(Ord. No. C-775-B, § 3, 10-2-23)

An application is not required for the following ownership transfers; however, the licensee shall notify the township clerk of the following ownership transfers:

a)

Asset exchange. An exchange of the assets of a licensed sole proprietorship, general partnership, or limited partnership for all outstanding shares of stock in a corporation in which the sole proprietor, all members of the general partnership, or all members of the limited partnership are the only stockholders of that corporation.

b)

Removal of a member. The removal of a member of a firm, a stockholder, a member of a general partnership or limited partnership, or association of licensees from a license.

c)

Stocks. The occurrence of any of the following events:

1)

A corporate stock split of a licensed corporation.

2)

The issuance to an existing stockholder of a licensed corporation of previously unissued stock as compensation for services performed.

3)

The redemption by a licensed corporation of its own stock.

4)

A corporate public offering.

(Ord. No. C-775-B, § 3, 10-2-23)

a)

Objection. The township board may object to the renewal of a liquor license or may request the revocation of a liquor license by the commission based on the criteria set forth in subsection (d) below.

b)

Procedure. Before filing an objection to the renewal or a request for revocation of a license with the commission, the township board shall provide the licensee with notice and an opportunity to be heard. The township board shall serve notice upon the licensee by certified mail, return receipt requested, not less than twenty (20) days prior to the hearing. The notice shall include:

1)

The proposed action.

2)

The specified grounds for the township's proposed action.

3)

The date, time and place of the hearing.

4)

A statement that the licensee may present evidence and testimony, may cross-examine witnesses, and may be represented by an attorney.

c)

Hearing and decision. The hearing shall be conducted by the township board. The township board shall submit a written statement of its findings and determination to the commission with a copy provided to the licensee. The written statement of findings and determination must be submitted to the commission prior to March 31.

d)

Criteria for a request of nonrenewal or revocation. The township board may recommend nonrenewal or revocation of a license based upon any of the following findings:

1)

The licensee would not meet the standards set forth in section 5-25 if the licensee were applying for a new license.

2)

The licensee has knowingly or recklessly allowed three (3) or more violations of the regulations of the commission in the preceding calendar year at the location of the licensed business, excluding violations for non-sufficient funds (NSF).

3)

The licensee has knowingly or recklessly allowed a nuisance as defined under the Revised Judicature Act, MCL 600.3801, to be maintained upon the premises.

4)

The subject premises has existing violations of building, zoning, plumbing, mechanical, electrical, health, or fire prevention codes.

5)

The operation of the licensed business has resulted in a pattern of patron conduct in the neighborhood of the business that substantially disturbs the peace, order, and/or tranquility of the neighborhood.

6)

The licensee has failed to maintain the grounds and exterior of the licensee's liquor licensed business.

(Ord. No. C-775-B, § 3, 10-2-23)