To the residents and property owners of the Charter Township of Oakland, Oakland County, Michigan and any other interested persons:
Public notice is hereby given that an Ordinance Text Amendment has been adopted by the Charter Township of Oakland Board of Trustees on May 9, 2023. The Amended Ordinance 105 will take effect on May 17, 2023 Notice of Publication. Copies may be purchased or inspected/reviewed during regular business hours of regular business days at the Township Clerk’s offices located at 4393 Collins Road, Oakland Township, Michigan. A summary of the text amendments are as follows:
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF OAKLAND
Chapter 115 Ordinance 105 – Alcohol Beverages
Text amendments added to
Section 115-3. Application for new license
: under section A: the word “non-refundable” was added in the second sentence before the word “fee”. Under section B. Township Action, item #1, the wording “Township Treasurer’s Department” was added after “Police Department”. The following sentence was added at the end: The Treasurer’s office shall determine whether there are outstanding real estate taxes due and owing, or other unpaid fees such as water bill, inspection/permit fees, etc.; and forward its findings, together with written recommendation, to the Township Board.
5) (d) Input, and the Board’s perception, of the attitude of Township residents and business owners generally, as well as those in the surrounding area of the proposed licensed premises.
5) (l) The applicant’s management experience and reputation in connection with the operation of other businesses or facilities.
5) (m) Number of similar licensed premises in the Township.
5) (n) Concentration and capacity of similar establishments.
5) (o) The adequacy of the applicant’s financial resources to establish and operate the proposed establishment.
5) (p) Association or integration with multi-use development.
5) (q) Substantial renovation of existing building or preservation or restoration of historic resources.
5) (r) Proportion of floor area devoted to dining compared with bar area.
5) (s) Size of kitchen.
5) (t) Size of dance floor, if any.
5) (u) Character of the establishment (e.g., night club, hotel, restaurant, dance club).
5) (w) Non-payment of taxes, including outstanding real estate taxes due and owing, or other unpaid fees such as water bill, inspection/permit fees, etc.
5) (x) Any possible cost burden on the Township.
5) (y) Public safety and policing requirements, (the following text was added) including whether applicant has any uncured Ordinance violations and the applicant’s moral character, with special consideration given to any convictions for crimes involving moral turpitude, violence, or alcoholic liquor violations by the applicant or those who are intended to manage the facility:
5) (y) (i) Background Check
5) (y) (ii) Building Code Violations
5) (iii) OCSO recommendation
5) (iv) Fire Dept recommendations
6) The Township Board may also deny an application:
6) (a) To a person whose license, under this Ordinance, has been revoked for cause or not renewed at the request of the Township.
6) (b) To a person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.
6) (c) To a co-partnership unless all of the members of such co-partnership shall qualify to obtain a license.
6) (d) To 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.
6) (e) To 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) (f) To 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.
6) (g) To 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.
6) (h) To 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.
6) (i) 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.
6) (j) 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 where a nuisance does or will exist.
6) (k) 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 reasonable likelihood that the location will become a nuisance to 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 any inconsistent zoning classification; and accessibility from primary roads or State highways.
6) (l) To any applicant who omits or falsifies any information required by this Ordinance.
6) (m) To sell alcoholic beverages at retail, nor shall a request to transfer an existing license be granted, if the contemplated location is within five hundred (500) feet of a church or school building. The distance between the church or school building and the contemplated location shall be measured along the center line of the street or streets of address between 2 fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the church or school building nearest to the contemplated location and from the part of the contemplated location nearest to the church or school building
6) (n) To any applicant who has had a liquor license revoked, or not renewed for cause, in the last seven (7) years under this Article or a comparable City or Township ordinance or state law, whether in Michigan or otherwise;
6) (o) An applicant is ineligible if they had an influential interest in a business that has been declared by a court of law to be a nuisance, as defined under the Revised Judicature Act MCL 600.3801, within seven (7) years prior to the filing of the application for local approval, if the conditions creating the nuisance occurred during the time that the applicant had the influential interest in the business.
7) Multiple Applicants for Available Licenses. If the Township Board elects to issue an available license and more than one person applies for same, the criteria set forth in this paragraph shall determine which, if any, applicant is issued an available license.
7) (a) The applicant which best meets the criteria set forth in § 115-3.
7) (b) The applicant whose operations will be most consistent with the promotion of the health, safety, and welfare of the residents of the Township.
7) (c) The applicant whose operations will be most consistent with the appropriate use of adjacent properties and the Township as a whole.
7) (d) The applicant whose operations will be most consistent with the established policy of the Township as expressed in its other ordinances and resolutions.
7) (e) The applicant whose operations will be most consistent with the public policies of the State of Michigan, as expressed in its laws, rules and regulations.
Dave Mabry
Charter Township of Oakland Clerk
First Reading: March 14, 2023
Second Reading: May 9,2023
Published: May 17, 2023
Effective: May 17, 2023