38.01 SHORT TITLE

38.02 APPLICATIONS FOR NEW LICENSE

38.03 STANDARDS FOR RENEWAL AND REVOCATION

38.04 TERM OF LICENSE

38.05 RESERVATION OF AUTHORITY

38.06 LICENSE HEARING

38.07 OBJECTIONS TO RENEWAL AND REQUEST FOR REVOCATION

38.01 SHORT TITLE

This chapter shall be known and may be cited as the "Village of Beverly Hills Liquor License Ordinance".

38.02 APPLICATIONS FOR NEW LICENSE

(a) Application. Applications for a license to sell beer, wine and/or spirits shall be made to the Village Council 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:

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 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(s) for which it was organized. This requirement shall be fulfilled by a current certified copy of the Articles of Incorporation.

4. 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.

5. The location and description of the premises of 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 Village in the conduct of its business.

9. The application shall be accompanied by complete building, site and plat plans as required by the Village Zoning Ordinances showing the entire structure and premises and in particular the specific areas where the license is to be utilized. The plans shall demonstrate off-street parking, lighting, refuse disposal facilities and where appropriate, adequate plans for screening, and noise control.

(b) Standards for New License Applications. No license shall be issued to an applicant whenever one or more of the following criteria apply:

1. A person who, at the time of application for any license would not be eligible for a license upon a first application.

2. 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.

3. A person whose place of business is conducted by a full time manager or agent unless such manager or agent possesses the same qualifications required of the licensee and/or the Village Council shall not have been notified within thirty (30) days of a change in manager.

4. 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.

5. A person who does not own the premises for which a license is sought or does not have a lease therefor for the full period for which the license is issued, or to a person, corporation or co-partnership that does not have sufficient financial resources to carry on or maintain the business. Financial resources shall be disclosed to the Village Council and shall be deemed sufficient if the financial resources are shown to support the establishment and operation of the proposed licensed business in proportion to the type and size of the proposed licensed business.

6. Any law enforcing public official or any member of the Village Council.

7. Premises that are not free standing structures.

8. Premises that are within five hundred feet (500') of another establishment selling beer, wine and/or liquor including any premises designated as SDD or SDM. It being the intent of this section to stop the further concentration of establishments selling or serving beer, wine and/or liquor, as a concentration of such uses has been determined to create a blighting effect on the surrounding property.

9. 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 Village Ordinance.

10. Any new license or the transfer of any existing license unless the sale of beer, wine and/or spirits is shown to be incidental and subordinate to other permitted business uses upon the site, limited to food sales, or athletic activities. If food sales are the primary use, those revenues must comprise at least sixty percent (60%) of all gross sales for the premises. Food sales mean a bona fide restaurant operation offering a complete food menu which is served within the confines of the structure. This shall be construed to exclude fast food types of restaurants. Characteristics of fast food restaurants can include but not be limited to the following: drive-thru window, counter only service, no waitress or waiter service. If athletic activities are the primary use, those revenues must comprise at least eighty percent (80%) of all gross operating revenues for the premises. Proof of an establishment complying with this section shall be made each January on a form provided by the Village Clerk.

11. Premises that do not comply with all the requirements of the Village of Beverly Hills Zoning Ordinance, including site plan review. Chapter 22 (22.08.290).

12. Premises which are not within a B-2 Zone District or cannot provide ingress or egress to a major thoroughfare having a right-of-way of 150 feet or greater.

13. Premises that cannot provide separate off-street parking areas, distinct from any parking serving other businesses.

14. Premises that cannot be reached directly from the ingress point without crossing other off-street parking areas.

15. Premises that are used for live entertainment without prior approval of Village Council.

16. Premises where it is determined by a majority of the Village Council that the premises do not or will not reasonably soon after commencement of operations have adquate off-street parking, lighting, refuse disposal facilities, screening, noise, or nuisance control or where a nuisance does or will exist.

17. Where the Village Council 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 attitutde 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.

38.03 STANDARDS FOR RENEWAL AND REVOCATION

(a) No license shall be recommended for renewal and shall be recommended for revocation whenever one or more of the following criteria apply:

1. Any person who, at the time of renewal of any license issued hereunder would not be eligible for a license issued hereunder, or would not be eligible for such license upon first application.

2. 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.

3. A person whose place of business is conducted by a full-time manager or agent unless such manager or agent possesses the same qualifications required of the licensee and/or the Village Council shall not have been notified within thirty (30) days of a change in manager of same.

4. 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.

5. A person who does not own the premises for which a renewal is sought or does not have a lease therefor for the full period of the renewal, or to a person, corporation, or co-partnership that does not have sufficient financial resources to carry on or maintain the business. Financial resources shall be disclosed to the Village Clerk on a form in conformity with the Michigan Department of Commerce Annual Report for Profit Corporations. Financial resources shall be deemed sufficient if the financial resources are shown to support the licensed business in proportion to similar licensed businesses.

6. Any law enforcing public official or any member of the Village Council.

7. Premises where there exists a violation of the applicable Building, Electrical, Mechanical, Plumbing, Fire Codes or applicable Public Health Regulations.

8. Any license unless the sale of beer, wine and/or spirits is shown to be incidental and subordinate to other permitted business uses upon the site, limited to food sales, or athletic activities. If food sales are the primary use, those revenues must comprise at least sixty percent (60%) of all gross sales for the premises. Food sales mean a bona fide restaurant operation offering a complete food menu which is served within the confines of the structure. This shall be construed to exclude fast food types of restaurants. Characteristics of fast food restaurants can include but not be limited to the following: drive-thru window, counter only service, no waitress or waiter service. If athletic activities are the primary use, those revenues must comprise at least eighty percent (80%) of all gross operating revenues for the premises. Proof of an establishment complying with this section shall be made each January on a form provided by the Village Clerk.

9. Premises that are used for live entertainment without prior approval of Village Council.

38.04 TERM OF LICENSE

Approval of a license shall be for a period of one (1) year subject to annual renewal by the Village Council 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 Village Council or the Michigan Liquor Control Commission approving such license whichever last occurs. Any unusual delay in the completion of such remodeling or construction may subject the license to revocation.

38.05 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 Village Council 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 Village Council further reserves the right to take no action with respect to any application filed with the Village Council. The Village Council 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 Village at large and for the needs and convenience of its citizens.

38.06 LICENSE HEARING

The Village Council shall grant a public hearing upon the license application when, in its discretion, the Council determines that the issuance of an additional liquor license is in the best interest of the Village at large and for the needs and convenience of its citizens. Following such hearings, the Council shall submit to the applicant a written statement of its findings and determination. The Council's determination shall be based upon satisfactory compliance with the restrictions set forth in Section 38.02, Paragraphs (b) 1 through 17 above.

38.07 OBJECTIONS TO RENEWAL AND REQUEST FOR REVOCATION

(a) Procedure. Before filing an objection to renewal or request for revocation of license with the Michigan Liquor Control Commission, the Village Council shall serve the license holder, by first class mail, mailed not less than ten (10) days prior to hearing with notice of a 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 the hearing, the Village Council shall submit to the license holder and the Commission a written statement of its findings and determination.

(b) Criteria for Nonrenewal or Revocation. The Village Council shall recommend nonrenewal or revocation of a license upon a determination by it that based upon a preponderance of the evidence presented at a hearing either of the following exist:

1. Violation of any of the restrictions on licenses set forth in Section 38.03, Paragraphs (a) 1 through 9 above; or

2. Maintenance of a nuisance upon the premises.