§ 4-21. Applications for new licenses.

(a)

Submission to state before city. An applicant for a liquor license under this article shall first submit an application for a liquor license to the state liquor control commission before submitting an application for a liquor license approval to the city. No application for a liquor license will be considered by the city until the city has been notified by the state liquor control commission that it has received such an application.

(b)

Submission to city. The applicant for a liquor license under this article shall submit a current and fully completed application to: City Clerk, City of Norton Shores, 4814 Henry Street, Norton Shores, MI 49441.

(c)

Required information. The city application shall be signed by the applicant, if an individual, or, if a partnership or corporation, by a duly authorized agent thereof, and shall include at least the following information:

(1)

The name, age and address of the applicant, in the case of an individual, or, in the case of a copartnership, the persons entitled to share in the profits thereof, or, in the case of a corporation, the names and addresses of the officers and directors thereof, and, if an aggregate of more than ten percent of the stock of such corporation is owned by any one person or his nominee, the name and address of such person;

(2)

The type of license desired;

(3)

The nature of the business of the applicant and, in the case of a corporation, the object for which it was formed;

(4)

A written statement as to the applicant's character, experience and financial ability to meet the obligations and business undertakings for which the license is to be issued, including the period of time such applicant has been in the business of that nature or, in the case of a corporation, the date when its certificate or incorporation was issued;

(5)

The location and description of the premises which is to be operated under such license;

(6)

If the business of the applicant is to be operated or conducted by a local manager or agent, the name and address of such manager or agent;

(7)

A statement as to whether or not the applicant has, prior to the application, applied for a license to sell beer and wine or spirits, and if so, the date, place and disposition of such application;

(8)

A statement that the applicant has never been convicted of a felony and is not disqualified from receiving approval for a license by reason of any matter or thing contained in this article or the laws of the state;

(9)

A statement that the applicant will not violate any of the ordinances of the city or laws of the state or of the United States in the conduct of his business;

(10)

A statement that the applicant, should any of the information provided in his application or any attachment thereto change during the term of the license or any renewal thereof, will notify the city clerk, in writing, within 30 days of such change;

(11)

A site plan showing the entire structure, premises and grounds, specific areas where the license is to be utilized, the relationship of the proposed structure to the surrounding property and land use, adequate off-street parking, lighting and refuse disposal facilities and, where appropriate, adequate plans for screening and noise control; and

(12)

Any other information pertinent to the application and to the operation of the proposed facility as may be required by council by prior notice to the applicant.

(d)

Fee. The application shall be accompanied by a nonrefundable fee, in an amount determined by council, to cover the cost of investigation, review and inspection of the application by the city.

(e)

Administrative recommendations. Following receipt of the fully completed application, the fee and such other information as may be requested by the city, the city clerk shall forward the application to the police department, fire department, and such other departments as required by the city administrator, which departments shall make their recommendations prior to consideration of the application by council. In making its review, the city may request from the applicant other pertinent information.

(f)

Placement on council agenda. Upon receipt by the city clerk's office of the recommendation of the police department, the fire department, and other departments as required, the clerk shall cause the application to be placed upon the agenda of the city council after receipt of the same in his office. All applications are subject to the final approval of council.

(g)

Council action. At the initial meeting before council to consider the application, council shall take one of the following steps:

(1)

Recommend to the state liquor control commission approval of the application above all others for the issuance of a liquor license;

(2)

Reject the application stating the reasons for such rejection;

(3)

Ask the applicant to proceed with the submitted plans so that a more detailed and complete proposal may be heard by council at a later date; provided, however, that this action by council shall not be interpreted to mean approval of the application or the general details of the proposal; or

(4)

Postpone action on the application for a period not to exceed 60 days. The 60-day limitation for postponement of action may be waived by the applicant if the postponement is for the purpose of supplying council with additional information requested of the applicant by council, when the applicant is unable to supply the requested information within the stated time period.

(h)

Decision criteria. Council, in making its decision, shall consider the following criteria on the application:

(1)

The applicant's management experience in the alcohol/liquor business;

(2)

The applicant's general business management experience;

(3)

The applicant's general business reputation;

(4)

The applicant's moral character;

(5)

The applicant's financial status and ability to build and/or operate the proposed facility on which the proposed liquor license is to be located;

(6)

Past criminal convictions of the applicant for crimes involving moral turpitude, violence or alcoholic liquors;

(7)

The applicant's excessive use of alcoholic liquors;

(8)

The effect that the issuance of a license would have upon the economic development of the surrounding area;

(9)

The effect that the issuance of a license would have on the health, welfare and safety of the general public;

(10)

The recommendation of the local law enforcement agency, the county building inspector, the county health department and/or the fire department with respect to the proposed facility;

(11)

Whether the applicant has demonstrated the public need or convenience for the issuance of the liquor license for the business facility at the location proposed;

(12)

The uniqueness of the proposed facility when contrasted against other existing or proposed facilities;

(13)

The number of liquor licenses issued by the city within the past 12 months;

(14)

Whether the facility to which the proposed liquor license is to be issued complied, or will comply, with the building, plumbing, electrical, fire prevention and zoning codes of the city and any other building, plumbing, electrical, fire prevention and zoning statutes and ordinances applicable to the city;

(15)

The effect that the business facility to which the proposed license is to be issued will have upon vehicular and pedestrian traffic in the area;

(16)

The proximity of the proposed business facility to other similarly situated licensed liquor facilities;

(17)

The effect that the business facility to which the proposed license is to be issued will have upon the surrounding neighborhood and/or business establishments;

(18)

The permanence of the establishment in the community as evidenced by the proposed or actual commitments made by the applicant; and

(19)

Such other considerations as council may deem proper.

(i)

Applicant qualification and grounds for denial/nonrenewal. Notwithstanding any other section of this article to the contrary, no license shall be approved or renewed for:

(1)

A person, for any location which council determines, by a majority vote, is unsuitable for on-premises consumption of beer and wine or spirits, considering:

a.

The proximity of other premises licensed to sell beer and wine or spirits for on-premises consumption;

b.

The lack of any other facilities or uses on the premises to be licensed which are compatible with a license for on-premises consumption of beer and wine or spirits (e.g. a restaurant or hotel);

c.

The distance from public or private schools for minors, playgrounds, public parks or churches;

d.

The proximity of an inconsistent zoning classification or land use;

e.

Traffic safety;

f.

The accessibility to the site from abutting roads;

g.

The capability of abutting roads to accommodate the commercial activity; and

h.

Such other relevant factors as council may deem appropriate;

(2)

A person, for any premises which council determines, by a majority vote, does not or will not, within six months of the approval of the license by council, or prior to the commencement of business, whichever occurs first, have adequate off-street parking, lighting, refuse disposal facilities, screening or noise or nuisance control, provided, however, that upon timely request and for good cause shown, council may extend any deadline established by this subsection;

(3)

A person, for any premises which does not comply with applicable building, electrical, mechanical, plumbing, fire prevention, zoning or public health codes and regulations; provided, however, that council may approve an application subject to compliance with the applicable codes and regulations within 60 days;

(4)

A person who does not own the premises for which the license approval is sought or does not have a lease therefor for the full period for which the license is to be issued;

(5)

A law enforcement public official or a member of council, and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquors;

(6)

A person who, at the time of the application for such approval, transfer or renewal, is delinquent in the payment of any taxes, fees or other charges owed to or collected by the city;

(7)

A person whose liquor license has been revoked or not renewed for cause under this article, or a comparable city or city ordinance, of state law, whether in the state or otherwise;

(8)

A copartnership, unless all of the members of such copartnership qualify for approval of a license;

(9)

A corporation, if any officer, manager or director thereof, or a stock owner or stockholders owning in the aggregate more than ten percent of the stock of such corporation, would not be eligible to receive approval for a license hereunder for any reason;

(10)

A person whose place of business is operated or conducted by a manager or agent unless such manager or agent possesses the same qualifications required by the licensee;

(11)

A person who has been convicted of a crime punishable by imprisonment in excess of one year under the law under which he was convicted, or of a crime involving theft, dishonesty or false statement (including tax evasion) regardless of punishment, or of crime or administrative violation of a federal or state law concerning the manufacture, possession or sale of alcoholic liquors or controlled substances; or

(12)

A person based upon such other relevant factors as council may deem appropriate.

(j)

Consideration of conditional approval. Once an applicant who has been asked to proceed by presenting a more detailed and complete proposal has sufficiently completed his plans, and obtained site plan, engineering, zoning, planning and other necessary approvals from the city, the applicant may then request consideration by council of a conditional approval. Upon the receipt of a written notice by an applicant that he requests consideration of a conditional approval, the city clerk shall cause the application to be placed on the agenda of council for council's consideration. At that meeting, the applicant shall be prepared to discuss the following:

(1)

Cost estimates for the buildings, furnishings and fixtures as part of the proposal;

(2)

Site plan information, including landscaping and other aesthetic features of the proposal;

(3)

Estimates of the number of employees required for the operation;

(4)

Information on the individuals expected to manage the operation, as well as information as to how the facility would actually be managed;

(5)

Information about any entertainment or dancing that might be involved; and

(6)

Answers to any related questions about the proposed improvements and/or general operation of the facility.

(k)

Disposition of request for and contingencies of conditional approval. Following this presentation by the applicant, council may conditionally approve, above all others, the application, postpone consideration for a reasonable period or reject the application. Conditional approval will be contingent upon obtaining building permits and any other necessary permits, licenses or approvals from the city within six months from the date of such conditional approval, including the correction of any existing noncompliance with codes and regulations referred to in subsection (i)(3) of this section. The construction of new buildings and alterations of existing buildings shall commence within six months after the date of the conditional approval, with a completion date or not more than one year after the issuance of the relevant building permit. Extensions for completion of construction or alterations may be granted by council for good cause. The applicant shall execute in writing an acknowledgement and acceptance of all conditions under which the council has determined to recommend approval of licensure for the applicant.

(l)

Change of approval requirements for conditionally-approved applicants. After receipt of a conditional approval by council, no floor plan, building elevation, site plan, seating arrangement, kitchen layout or other pertinent facts, drawing or document submitted to council shall be changed without the applicant first receiving approval from the council. Conditional approval by the council shall not be transferable by the applicant. A change of partners in a partnership or a change of ten percent or more of the stock ownership of a corporation shall be deemed a transfer hereunder. A transfer made without prior approval by the council shall cause revocation, without further action by the council, or conditional approval, and the applicant shall be required to resubmit ab initio its application.

(m)

Recommendation of conditionally-approved applicant to state liquor control commission. Upon completion of the building and in accordance with the prior conditional approval of the council, council shall recommend the applicant, above all others, to the state liquor control commission for approval of the liquor license.

(n)

Reservation of authority. No applicant for a liquor license has a right to the issuance of such license to him. Council reserves the right to exercise the maximum discretion as is allowed by law to determine who, if anyone, shall be entitled to the issuance of such a license.

(o)

Criteria for selecting among qualified applicants. When any such license is available for issuance to a new applicant, either by lapse of a current license or by the authorization and allocation of additional licenses to the city, and there exist more qualified applicants for such licenses than the number of new licenses available for issuance, council shall choose the most qualified applicant for approval based upon the following criteria:

(1)

The location of the proposed new business and its desirability in light of its location, the surrounding land uses and its proximity to other premises licenses for on-premises consumption;

(2)

The experience of the applicant;

(3)

The other uses proposed to be included on the premises or in the development (e.g., a restaurant or motel);

(4)

The cost and size of the overall project and the number of new jobs to be created or current jobs retained;

(5)

The relative suitability of the design and size of the business to the property on which it is proposed to be located, as evidenced by any building and grounds layout diagram required to be submitted with the application;

(6)

The overall development or redevelopment of the city; and

(7)

Such other relevant factors as the council may deem appropriate.

(p)

Making a determination. In making its determination under this section, the council may weigh variously the above factors under the circumstances of each application.

(Code 1975, § 2 1/2-26; Ord. No. 550, § 1, 3-21-1995; Ord. No. 727, § 2, 6-15-2010)