TOWNSHIP OF PRESQUE ISLE,
COUNTY OF PRESQUE ISLE,
STATE OF MICHIGAN
Section 1: Title
This ordinance shall be known and cited as the Presque Isle Township Liquor License Ordinance.
Section 2: Application for new license
A. Application: Applications for license to sell beer, wine or spirits shall be made to the township board in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a partnership or corporation, verified by oath or affidavit, and shall contain the following statements and information:
- The name, age and address of the applicant in the case of an individual; or, in the case of a co- partnership, the persons entitled to share in the profit Is thereof-, in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and, if a majority interest in the stock of such corporation is owned by one person or his nominee, the name and address of such person.
- The citizenship of the applicant, his place of birth, and, if a naturalized citizen, the time and place of his naturalization.
- The character of business of the applicant, and in the case of a corporation, the object for which it was formed.
- The length of time said applicant has been in business of that character, or, in the case of a corporation, the date when its charter was issued.
- The location and description of the premises or place of business which is to be operated under such license.
- A statement whether applicant has made application for a similar, or their license on premises other than described in this application, and the disposition of such application.
- A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this ordinance or the laws of the State of Michigan.
- A statement that the applicant will not violate any of the laws of the State of Michigan or of the United States or any ordinances of the township in the conduct of its business.
- The application shall be accompanied by building and site plans showing the entire structure and premises and, in particular, the specific areas where the license is to be utilized. The plans shall demonstrate adequate off-street parking, lighting, refuse disposal facilities and where appropriate, adequate plans for screening and noise control.
B. Restrictions on licenses: No license shall be issued to:
- A person whose license, under this ordinance, has been revoked for cause.
- A person who, at the time of application or renewal of any license issued hereunder, would not be eligible for such license upon a first application.
- A co-partnership, unless all of the members of such co-partnership shall qualify to obtain a license.
- A corporation, if any officer, manager or director thereof, or a stock owner or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason.
- A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.
- A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor r a controlled substance.
- A person who does not own the premises for which a license is sought or does not have a lease therefore for the full period for which the license is issued, or to a person, corporation or co-partnership that does not have sufficient financial assets to carry on or maintain the business.
- Any law enforcing public official or any member of the township board, and no such official shall be interested in any way either directly or indirectly in the manufacture, sale or distribution of alcoholic liquor.
- For premises where there exists a violation of the applicable building, electrical, mechanical, plumbing or fire codes, applicable zoning regulations, applicable public health regulations, or any other applicable township ordinance.
- For any new license or for the transfer of any existing license unless the sale of beer, wine or spirits is shown to be incidental and subordinate to other permitted business uses upon the site, such as, but not limited to, food sales, motel operations.
- For premises where it is determined by a majority of the township board that the premises do not or will not reasonably soon after commencement of operations, have adequate off-street parking, lighting, refuse disposal facilities, screening, noise, or nuisance control or where a nuisance does or will exist.
- Where the township board determines, by majority vote, that the proposed location is inappropriate considering the desirability of establishing a location in developed, commercial areas, in preference to isolated, undeveloped areas; the attitude of adjacent residents and property owners; traffic safety; accessibility to the site from abutting roads; capability of abutting roads to accommodate the commercial activity; distance from public or private schools for minors; proximity of the inconsistent zoning classification; and accessibility from primary roads or state highways.
C. Term of license:
Approval of a license shall be for a period of one (1) year subject to annual renewal by the township board upon continued compliance with the regulations of this ordinance. Approval of a license shall be with the understanding that any necessary remodeling or new construction for the use of the license shall be commenced within six (6) months of the action of the township board or the Michigan Liquor Control Commission approving such license whichever last occurs or upon the terms and conditions set forth in the site plan. Any unusual delay in the completion of such remodeling or construction may subject the license to revocation.
D. Reservation of authority:
No such applicant for a liquor license has the right to the issuance of such license to him, her or it, and the township board reserves the right to exercise reasonable discretion to determine who, if anyone, shall be entitled to the issuance of such license. Additionally, no applicant for a liquor license has the right to have such application processed and the township board further reserves the right to take no action with respect to any application filed with the township board. The township board further reserves the right to maintain a list of all applicants and to review the same when, in its discretion, it determines that the issuance of an additional liquor license is in the best interests of the township at large and for the needs and convenience of its citizens.
E. License hearing:
The township board shall grant a public hearing upon the license application when, in its discretion, the township board determines that the issuance of an additional liquor license is in the best interests of the township at large and for the needs and convenience of its citizens. Following such hearing, the township board shall submit to the applicant a written statement of its findings and determination. The township board’s determination shall be based upon satisfactory compliance within the restrictions set forth in Section 2, Paragraph B, 1 through 12 above.
Section 3: Objections to renewal and request for revocation
Before filing an objection to renewal or request for revocation of a license with the Michigan Liquor Control Commission, the township board shall serve the license holder, by first class mail, mailed no less than ten (IO) days prior to the hearing with notice of a hearing, which notice shall contain the following:
- Notice of proposed action
- Reasons for the proposed action
- Date, time and place of the hearing
- A statement that the license holder may present evidence and testimony and control adverse witnesses
Following the hearing, the township board shall submit to the license holder and the commission, a written statement of its findings and determination.
B. Criteria for nonrenewal or revocation: The township board shall recommend nonrenewal or revocation of a license upon a determination by it that based upon a preponderance of the evidence presented at the hearing either of the following exist:
- Violation of any of the restrictions on licenses set forth in Section 2, Paragraph B, I through 12 above, or,
- Maintenance of a nuisance upon the premises.
Section 4: Severability
Should any section or part thereof of this ordinance be declared unconstitutional, null or void by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining sections or parts thereof of this ordinance.
Section 5: Effective Date, Publication, and Adoption
This ordinance shall take effect on the day following the date of the publication of the ordinance.
This ordinance shall be published once, in full, in a newspaper of general circulation within the boundaries of Presque Isle Township, and qualified under state law to publish legal notices, within 30 days after its adoption, and the ordinance shall be recorded in the Ordinance Book of the Township, and such recording authenticated by the signature of the Township Clerk.