1 INTRODUCTORY DRAFT (City Council)

2 December 7, 2009
3
1 ORDINANCE NO. ___________

2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND

3CHAPTER 808 OF THE LANSING CODIFIED ORDINANCES BY REQUIRING

4LICENSEES TO MAINTAIN THE PEACE AT THE LICENSED PREMISES,

5REQUIRING LICENSEES TO PAY THE COSTS OF CITY SERVICES USED TO

6MAINTAIN THE PEACE AT THE LICENSED PREMISES, AND SUBJECTING

7LICENSEES WHO DO NOT PAY TO REVOCATION OF THEIR LICENSE.

8 THE CITY OF LANSING ORDAINS:

9 Section 1. That Chapter 808 of the Codified Ordinances of

10the City of Lansing, Michigan, be and is hereby amended to read

11as follows:

12CHAPTER 808. CABARETS*

13808.01. Definitions.

14As used in this chapter:

15Cabaret includes any room in a hotel, restaurant, hall or other

16public place where music or dancing privileges or any other

17entertainment, except mechanical music alone, is afforded to

18patrons in connection with the servicing or selling of food,

19refreshments or merchandising.

20Cabaret operator means any person operating a cabaret.

21808.02. Operation; license required.

22No person shall keep, maintain or operate a cabaret without

23first obtaining a license therefor.

4 1
1 INTRODUCTORY DRAFT (City Council)
2 December 7, 2009
3
1808.03. License application.

2An application for a license required by Section 808.02 shall be

3made on a form provided for such purpose by the City Clerk,

4setting forth a description of the place wherein it is proposed

5to operate a cabaret, the name of the person interested in such

6business and the place of residence of the applicant. Such

7application shall also contain an agreement by which the

8applicant consents and agrees that any member of the Police

9Department or Fire Department, inspectors of the County Health

10Department, inspectors of the Office of Building Safety, or

11other officers of the City, may enter and inspect any part of

12such premises, including the locked portions thereof, and shall

13also contain an agreement that the applicant will abide by and

14comply with Federal and State laws, and rules and regulations of

15the State Liquor Control Commission, relative to the sale of

16alcoholic liquors.

17808.04. Examination and investigation.

18Upon the filing of a license application, the City Clerk shall

19forward the application to the Police Department, the Fire

20Department, the Planning and Municipal Development Department

21and any other department deemed necessary to review the

22application.

23808.05. License issuance; conditions.

4 2
1 INTRODUCTORY DRAFT (City Council)
2 December 7, 2009
3
1No cabaret license shall be issued unless the premises for which

2the application is made comply with all laws and ordinances of

3the State and the City, and all rules and regulations of the

4Office of Building Safety, the Police Department and the Fire

5Department, and are a safe and proper place for the operation of

6such business.

7808.06. Nonissuance of license pending payment of taxes.

8No license shall be granted to any applicant who owes any

9personal taxes to the City or who makes use of, or contemplates

10the use in a cabaret of, any personal property, fixtures or

11effects upon which personal property taxes are owing.

12808.07. License fee; expiration date.

13The annual fee for each license for each place of business shall

14be set by resolution of Council. Every license shall expire on

15May 1 of each year.

16808.08. License revocation.

17(a) Every license issued under this chapter is revocable by

18the City if the licensee FAILS TO MAKE ANY PAYMENT REQUIRED BY

19SECTION 808.10, OR operates his or her business in violation of

20any OTHER of the provisions of this chapter, other ordinances of

21the City or State, or Federal law. Upon receiving notice of such

22violation, Council or its designated Hearing Officer shall set a

23date for hearing the alleged violation, and the licensee shall

4 3
1 INTRODUCTORY DRAFT (City Council)
2 December 7, 2009
3
1be given not less than five days written notice of the hearing.

2Such notice shall:

3(1) Specify the purpose of the hearing;

4(2) Set forth the alleged violation and the date upon which it

5occurred;

6(3) State the date, time and place of the hearing; and

7(4) Include a statement that the licensee may present evidence

8and testimony and confront witnesses.

9(b) The hearing shall be attended by a court reporter and a

10transcript shall be available for review by all parties. If a

11designated Hearing Officer conducts the hearing, the Hearing

12Officer shall forward to Council proposed findings of fact and a

13proposed conclusion, along with a transcript of the proceedings.

14Council may affirm, disaffirm or modify the Hearing Officer's

15proposed findings of fact and conclusion or conduct a new

16hearing.

17(c) Such revocation shall be effective and binding on the

18licensee upon receipt of a notice of revocation by the licensee

19or his or her manager, employee or agent. Such notice shall be

20given by certified mail, return receipt requested, postage

21prepaid. Such notice shall contain a written statement of the

22City Clerk's or the Hearing Officer's findings and conclusions.

23808.09. Responsibilities of licensees.

4 4
1 INTRODUCTORY DRAFT (City Council)
2 December 7, 2009
3
1(a) No licensee, by himself or herself or by another, shall

2operate a cabaret between the hours of 2:00 a.m. and 7:00 a.m.

3(b) No licensee, by himself or herself or by another, shall

4permit any gambling in a place of business or permit the placing

5or use of any gambling apparatus or paraphernalia in or about

6the premises.

7(c) No licensee licensed under the State Liquor Control Act to

8sell beer, wine or spirits, and also licensed hereunder, shall

9permit any minor under the age of 18 in or about the rooms set

10aside for dancing or rooms adjacent thereto.

11(d) After the hour of 11:00 p.m., music shall be controlled so

12that the sound therefrom will not be audible beyond 100 feet of

13the building in which a cabaret is located.

14(e) No alcoholic liquor shall be offered for sale after 2:00

15a.m. on Sundays. Sale of spirits upon any primary, general or

16Municipal election day shall be made only in conformity with

17State law.

18808.10. FAILURE TO MAINTAIN THE PEACE

19(a) THE PURPOSE OF THIS SECTION IS TO ENCOURAGE LICENSEES TO

20TAKE RESPONSIBILITY FOR THE SAFETY OF THEIR PATRONS AND THE

21PUBLIC BY INSTITUTING MEASURES NECESSARY TO PREVENT VIOLENCE OR

22VIOLATIONS OF THE LANSING CODE OF ORDINANCES, INCLUDING, BUT NOT

23LIMITED TO, PART 6 AND CHAPTER 664 THEREOF, ON THE PREMISES AND

4 5
1 INTRODUCTORY DRAFT (City Council)
2 December 7, 2009
3
1TO DISCOURAGE RELIANCE ON THE CITY TO PROVIDE SUCH MEASURES BY

2REQUIRING, AFTER NOTICE, FOR PAYMENT FOR THE SERVICES RENDERED

3BY THE CITY.

4(b) FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS

5APPLY:

6CITY COSTS MEANS THE COSTS AND EXPENSES OF THE CITY INCURRED AND

7ARISING FROM PROVIDING OF CITY SERVICES, INCLUDING LABOR,

8MATERIAL, EQUIPMENT AND OTHER INCIDENTAL COSTS OF CITY SERVICES,

9WITH LABOR COSTS BASED ON THE NUMBER OF CITY EMPLOYEES WHO

10PROVIDED CITY SERVICES, THE AMOUNT OF TIME EACH CITY EMPLOYEE

11SPENT PROVIDING CITY SERVICES, AND THE HOURLY COST TO EMPLOY

12EACH OF THE CITY EMPLOYEES WHO PROVIDED CITY SERVICES, INCLUDING

13EITHER THEIR WAGES OR THEIR SALARY, PLUS THE COST OF PROVIDING

14THEIR BENEFITS.

15CITY SERVICES MEANS ANY ACTIONS TAKEN BY THE CITY TO MAINTAIN

16THE PEACE, RESPOND TO, MITIGATE, REMEDY OR RESTORE ORDER

17PERTAINING TO ANY DAMAGE OR INJURY RESULTING FROM VIOLENT OR

18DISORDERLY BEHAVIOR OR VIOLATIONS OF THE LANSING CODE OF

19ORDINANCES, INCLUDING, BUT NOT LIMITED TO, PART 6 AND CHAPTER

20664 THEREOF, OCCURRING ON THE PREMISES.

21 OCCURRENCE MEANS AN EVENT RESULTING IN CITY SERVICES.

22MAINTAIN(ING) THE PEACE MEANS ACTION(S) TO PREVENT VIOLENT

23BEHAVIOR OR A VIOLATION OF THE LANSING CODE OF ORDINANCES,

4 6
1 INTRODUCTORY DRAFT (City Council)
2 December 7, 2009
3
1INCLUDING, BUT NOT LIMITED TO, PART 6 AND CHAPTER 664 THEREOF,

2FROM OCCURRING ON THE PREMISES.

3PREMISES MEANS THE ENTIRE LOT ON WHICH A CABARET IS LOCATED, ALL

4PARKING, PARKING LOTS, AND PARKING FACILITIES INTENDED FOR USE

5BY PATRONS OF THE CABARET, AND ALL SURROUNDING AREAS WITHIN 1500

6FEET OF THE BOUNDARIES OF THE LOT ON WHICH THE CABARET IS

7LOCATED.

8(c) A LICENSEE SHALL BE RESPONSIBLE FOR MAINTAINING THE PEACE

9ON THE PREMISES. IF CITY SERVICES ARE RENDERED ON THE PREMISES,

10AND THE CHIEF OF POLICE, OR HIS OR HER DESIGNEE(S), DETERMINE

11THE TOTAL CITY COSTS MEET OR EXCEED AN AMOUNT ESTABLISHED BY

12CITY COUNCIL BY RESOLUTION IN CONJUNCTION WITH THIS CHAPTER,

13PURSUANT TO A POLICY TO BE PROMULGATED BY THE CHIEF OF POLICE OR

14HIS OR HER DESIGNEE(S), THE CITY WILL WORK WITH LICENSEES TO

15ADDRESS POTENTIAL VIOLATIONS OF THIS SECTION PRIOR TO PROVIDING

16THE CITY CLERK WITH ITEMIZED WRITTEN STATEMENTS OF THE CITY

17COSTS. AFTER RECEIVING THE ITEMIZED WRITTEN STATEMENTS, IF THE

18TOTAL SUM THEREOF MEETS OR EXCEEDS THE AMOUNT ESTABLISHED BY

19CITY COUNCIL RESOLUTION, THE CITY CLERK SHALL SEND A WRITTEN

20WARNING TO THE LICENSEE AND A COPY OF THE WRITTEN WARNING TO THE

21CITY COUNCIL AND THE CITY ATTORNEY. THE WRITTEN WARNING SHALL

22BE SENT TO THE LICENSEE OR THE LICENSEE’S REGISTERED AGENT VIA

23CERTIFIED OR REGISTERED MAIL OR BY PERSONAL SERVICE, AND SHALL

4 7
1 INTRODUCTORY DRAFT (City Council)
2 December 7, 2009
3
1CONTAIN, AT A MINIMUM: THE DATE OR DATES OF THE OCCURRENCE,

2INCIDENT REPORT(S) REGARDING THE OCCURRENCE, WHICH SHALL COMPLY

3WITH APPLICABLE FEDERAL, STATE, AND LOCAL LAW, INCLUDING THE

4MICHIGAN FREEDOM OF INFORMATION ACT, BEING PUBLIC ACT 442 OF

51976, AS AMENDED, AN IDENTIFICATION OF THE PREMISES, THE OWNER

6OF THE PREMISES, THE OWNER OF THE CABARET LICENSE, THE STATEMENT

7OF CITY COSTS, AND A COPY OF THIS ORDINANCE. AFTER THE CLERK

8HAS SENT TWO WRITTEN WARNINGS RESULTING FROM TWO SEPARATE

9OCCURRENCES WITHIN 180 DAYS, THE LICENSEE SHALL BE RESPONSIBLE

10FOR AND REQUIRED TO REIMBURSE THE CITY FOR CITY COSTS FOR ANY

11AND ALL FUTURE OCCURRENCES AT THE PREMISES.

12(d) AFTER TWO WRITTEN WARNINGS WITHIN 180 DAYS, FOR THE THIRD

13AND SUBSEQUENT OCCURRENCES FOR WHICH THE COST OF CITY SERVICES

14EXCEEDS THE AMOUNT DESCRIBED IN SUBSECTION (c), THE CITY CLERK

15SHALL SEND BY REGULAR MAIL OR VIA HAND DELIVERY TO THE LICENSEE,

16WITH A COPY TO CITY COUNCIL AND THE CITY ATTORNEY, A WRITTEN

17BILLING STATEMENT FOR THE CITY COSTS OF THE CITY SERVICE WHEN

18THE CITY COSTS EXCEED THE AMOUNT ESTABLISHED BY CITY COUNCIL

19RESOLUTION, AS FORWARDED BY THE CHIEF OF POLICE, OR HIS OR HER

20DESIGNEE(S), FOR WHICH THE LICENSEE IS RESPONSIBLE.

21(e) SHOULD THE LICENSEE FAIL TO PAY THE FULL AMOUNT BILLED IN

22THE CITY CLERK’S STATEMENT WITHIN 30 DAYS OF THE DATE OF ITS

23MAILING OR PERSONAL SERVICE TO THE LICENSEE OR THE LICENSEE’S

4 8
1 INTRODUCTORY DRAFT (City Council)
2 December 7, 2009
3
1REGISTERED AGENT, THE LICENSEE SHALL BE SUBJECT TO LICENSE

2REVOCATION PURSUANT TO SECTION 808.08 OF THIS CHAPTER.

3(f) THIS SECTION SHALL NOT APPLY TO COMMON GROUND, LUGNUTS,

4LEPFA, OR ANY OTHER ACTIVITIES IN PRIVITY OF CONTRACT WITH THE

5CITY OR ITS AGENCIES OR SPONSORED IN PART OR IN WHOLE BY THE

6CITY OR ITS AGENCIES.

7 Section 2. All ordinances, resolutions or rules, parts of

8ordinances, resolutions or rules inconsistent with the

9provisions hereof are hereby repealed.

10 Section 3. Should any section, clause or phrase of this

11ordinance be declared to be invalid, the same shall not affect

12the validity of the ordinance as a whole, or any part thereof

13other than the part so declared to be invalid.

14 Section 4. This ordinance shall take effect on the 30th

15day after enactment, unless given immediate effect by City

16Council.

17 Approved as to form:
18
19 __________________________________________
20 City Attorney
21 Dated: ________________________________
22
23
24
25
26
27
28
29
30
31

4 9
1 INTRODUCTORY DRAFT (City Council)
2 December 7, 2009
3
1
2
3
4
5
6

8
9
10
11
12
13
14
15/opt/scribd/conversion/tmp/scratch4887/26744923.txt
16

4 10