§ 6-43. Application for new license or license transfer.

(a)

Filing; form. Applications for a license to sell beer, wine or spirits shall be made to the city council by filing with the city clerk a written application, signed by the applicant, along with the application fee payment. Fees shall be set by resolution of city council. The application shall be in a form required by the city clerk, and shall contain at a minimum the following statements and information:

(1)

The name, age and address of the applicant and all partners of the applicant. If the applicant is a corporation, a copy of the articles of incorporation and current corporation records disclosing the identify and address of all directors, officers and shareholders.

(2)

The location and legal description of the premises or place of business at which the liquor license will be utilized, and the name and address of the owner, if different from the holder of the liquor license, and written evidence of the applicant's right to possession of the premises.

(3)

A zoning permit or similar clearance from the zoning administrator verifying the proposed use of the location at which the liquor license will be utilized is in compliance with the zoning ordinance.

(4)

A certificate of occupancy or similar clearance from the building inspector verifying the structure and premises at which the liquor license will be utilized is in compliance with building, property maintenance, and all other applicable local code provisions.

(5)

Certification or other written evidence from the city treasurer demonstrating that all real and personal property taxes and city utility bills associated with the premises at which the liquor license will be used are paid to date (except where circumstances dictate, the city council may approve the transfer of a license without personal property taxes being paid), and that all real and personal property taxes, city income taxes, and city utility bills in the name of the applicant are paid to date.

(6)

Specific personal information on the applicant, partners, directors and shareholders as required the city police department to run a criminal history or similar record check.

(7)

A statement that the applicant will not violate any of the laws of the State of Michigan or the ordinances of the city in conducting the business in which the liquor license will be used, and that a violation on the premises may be cause for objecting to renewal of the license, or force requesting revocation of the license.

(8)

A statement that the applicant understands that the city has an ordinance prohibiting public nudity, and a violation of the ordinance on the premises where the liquor license is used will be cause for objecting to renewal of the license, or for requesting revocation of the license.

(b)

Liquor license transfers. Applications for liquor license transfers shall be submitted to the city clerk on a form required by the city clerk and signed by both the current license holder and the proposed license holder. The application shall contain, at a minimum, the information and statements required in an application for a new license.

(c)

Restrictions on licenses. The city council shall not approve, grant, or recommend the issuance or transfer of a liquor license:

(1)

Without a fully completed application that meets the requirements listed above for the contents of an application for a license and the payment of the requisite fee;

(2)

To an applicant who has had a liquor license revoked under this division or by the LLC;

(3)

To a corporation with a manager, officer, director, or shareholder who would be ineligible under this division or LLC regulations to receive a liquor license;

(4)

Where the proposed location is not readily accessible to police, fire and EMS vehicles.

(d)

Term of license approval. The city council's approval or positive recommendation to the LCC concerning a proposed liquor license shall be for a period of not more one year. Any required remodeling or new construction for the use of the license shall be completed within six months of the LCC's approval or issuance of the license, unless a specific allowance of up to two additional months is granted by the city for good cause.

(e)

Discretion. The city council shall exercise its discretionary authority in reviewing and acting on applications for liquor licenses, and liquor license transfers.

(f)

Public hearing. The city council may hold a public hearing on any application for a new liquor license or a transfer of a liquor license.

(g)

Applicant's presentation. The applicant shall be allowed a reasonable opportunity to make a presentation to the city council in support of the application for a new liquor license or a transfer of an existing liquor license.

(Ord. No. 926, 3-6-2001; Ord. No. 951, 11-20-2001)