CHARTER TOWNSHIP OF WATERTOWN
CLINTON COUNTY, MICHIGAN
ORDINANCE NO. 7
PREAMBLE
AN ORDINANCE TO CREATE AND ESTABLISH PROCEDURES AND STANDARDS FOR THE REVIEW OF NEW APPLICATIONS FOR LIQUOR LICENSES, FOR PERIODIC RENEWALS THEREOF, FOR REVOCATION OF SUCH LICENSES, AND FOR THE HEARING OF OBJECTIONS TO SUCH RENEWAL AND/OR REQUEST FOR RELOCATION, TO ESTABLISH STANDARDS FOR APPLICANTS AND TO DELINEATE CRITERIA FOR THE UTILIZATION OF ANY LICENSE PERMITTING THE SALE OF BEER, WINE OR SPIRIT WITH SAID TOWNSHIP AND. TO PROVIDE FORHEARINGS AND TO PROVIDE AN EFFECTIVE DATE HEREOF.
ORDAINS:
SECTION 1. TITLE
This Ordinance shall be known and may be cited as the “Watertown Charter Township Liquor License Ordinance.”
SECTION 2. APPLICATION FOR NEW LICENSE.
A. Application: applications for license to sell beer and 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 of affidavit, and shall contain the following statements and information:
1. The name, age and address of the applicant in the case of an individual; or, in the case of a co-partnership, the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and, if a majority interest in the stock of such corporation is owned by one person or his nominee, the name and address of such person.
2. The citizenship of the applicant, his place of birth, and, if a naturalized citizen, the time and place of his naturalization.
3. The character of business of the applicant, and in the case of a corporation, the object for which it was formed.
4. The length of time said applicant has been in business of that character, or, in the case of a corporation, the date which its charter was issued.
5. The location and description of the premises or place of business which is to be operated under such license.
6. A statement whether applicant has made application for a similar or other license on premises other than described in this application, and the disposition of such application.
7. A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this ordinance or the laws of the State of Michigan.
8. A statement that the applicant will not violate any of the laws of the State of Michigan or of the United States or any ordinances of the township in the conduct of its business.
9. The application shall be accompanied by building and lot 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 license: No such license shall be issued to:
1. A person whose license, under this ordinance has been revoked for cause.
2. A person who, at the time of application or renewal of any license issued hereunder, would not be eligible for such license upon a first application.
3. A co-partnership, unless all of the members of such co-partnership shall qualify to obtain a license.
4. A corporation, if any officer, manager or director thereof, or a stock owner or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation would not be eligible to receive a license hereunder for any reason.
5. A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.
6. A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor or a controlled substance.
7. 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.
8. 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.
9. 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.
10. For premises where it is determined by a majority of the 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.
11. Where the 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 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 months of the action of the township board or the Michigan Liquor Control Commission approving such license whichever last occurs. Any unusual delay in the completion of such remodeling or construction or in commencement of business may subject the license to revocation. Failure to commence business within nine (9) months of a grant of a new license by the Michigan Liquor Control Commission shall be deemed grounds for a recommendation of license non-renewal or 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 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 interest of the township at large and for the needs and convenience of its citizens.
E. Licensing Hearing: The Township Board shall grant a public hearing upon the license application when, in its discretion, the 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 Board shall submit to the applicant a written statement of its findings and determination. The Board’s determination shall be based upon satisfactory compliance with the restrictions set forth in Paragraph B.1 through 11 and Paragraph C above.
SECTION 3. OBJECTIONS TO RELOCATION, RENEWAL AND REQUEST FOR REVOCATION.
A. Procedure: Before filing an objection to relocation, renewal or request for revocation of a license with the Michigan Liquor Control Commission, the Township Board shall serve the licenseholder, by first class mail, mailed not less than ten days prior to hearing with “Notice of Hearing,” which notice shall contain the following:
1. Notice of proposed action.
2. Reasons for the proposed action.
3. Date, time and place of hearing.
4. A statement that the licensee may present evidence and testimony and confront adverse witnesses.
Following hearing, the Township Board shall submit to the licenseholder 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 hearing either of the following exist:
1. Violation of any of the restrictions on licenses set forth in paragraph 1.B (1) through (11) and paragraph C above; or
2. Maintenance of a nuisance upon the premises.
C. The foregoing shall be deemed to be in addition to any other remedies provided by law and the township reserves the right to proceed directly to obtain injunctive relief to immediately abate such nuisance or to address any situation deemed detrimental to the health, safety and welfare of its citizens.
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.
This Ordinance shall take effect on the 25th day of November, 1983. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
______________________________
Charlene Borgeson, Clerk
______________________________
Willard Huntoon, Supervisor
First Reading: September 12, 1983
First Publication: September 27, 1983
Adoption: October 11, 1983
Section Reading: October 27, 1983
And November 25, 1983
I, Charlene Borgeson, Clerk of the Charter Township of Watertown, do hereby certify that the foregoing is a true and accurate copy of the Ordinance adopted by the Charter Township of Watertown on the date set forth above.
______________________________
Charlene Borgeson, Clerk