ARTICLE III. SALE OF BEER AND WINE BY THE GLASS
DIVISION 1. GENERALLY
10-131 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administrator means the administrator of the building and safety engineering division of the department of community development of the city.
Beer, wine, club, restaurant, retailer and tavern shall have the same meaning as provided in Act No. 8 of the Public Acts of Michigan of 1933 (Extra Session) (MCL 436.1 et seq.).
Licensee means any person licensed by the state liquor control commission to sell beer and/or wine for consumption on the premises.
(Code 1985, § 4-32)
Cross reference—Definitions generally, § 1-2.
10-132 Scope of regulations.
In addition to the rules and regulations of the state liquor control commission, the sale of beer and/or wine by the glass in taverns, hotels and restaurants shall be made in accordance with the rules and regulations contained in this division; however, the provisions of this division, as contained in sections 10-135, 10-136, 10-137, 10-139, 10-161, 10-162 and 10-163, shall not apply to special licenses issued on a temporary basis by the state liquor control commission.
(Code 1985, § 4-33)
10-133 Enforcement of division.
The licensee of every place where beer and/or wine are sold by the glass shall enforce this division. Such licensee shall maintain order in his place of business at all times.
(Code 1985, § 4-34)
10-134 Order to close during emergency.
The chief of police is authorized in the event of any emergency, disturbance or other condition arising in the city to order all establishments where beer and/or wine is sold by the glass closed until the emergency, disturbance or condition has ceased to exist.
(Code 1985, § 4-38)
10-135 Regulations relating to dancing.
(a) In any tavern, hotel or restaurant where beer and/or wine are sold by the glass, no patron or guest shall smoke while dancing.
(b) “Smoking” within the meaning of this division shall be deemed to mean the use or display of cigars, cigarettes or pipes by patrons when dancing.
(c) In any place where beer and/or wine are sold for consumption on the premises and where dancing is allowed and where the seating capacity will care for a minimum of 70 people, there shall be at least 200 square feet of floor space set aside for dancing.
(d) In any place where beer and/or wine are sold for consumption on the premises and where the seating capacity will care for 100 people, there shall be a minimum of at least 250 square feet of floor space set aside for dancing.
(e) In any place where beer and/or wine are sold for consumption on the premises and where the seating capacity would care for 150 people, there shall be at least 300 square feet of floor space set aside for dancing.
(f) All dancing in any place where beer and/or wine are sold for consumption on the premises shall be progressive to the right and couples shall not be permitted to remain in one place on the dance floor.
(Code 1985, § 4-39)
10-136 Birth certificates.
All licensees must have in their possession birth certificates or other official documents showing the place and date of birth of each employee.
(Code 1985, § 4-42)
10-137 Rules and regulations for licensees.
The following regulations shall be complied with by all licensees where beer and/or wine is sold for consumption on the premises:
(1) The licensee shall provide smooth and easily cleaned walls, ceilings and floors, walls and ceilings painted with a light colored gloss paint at least once each year or otherwise redecorated or cleaned in a manner satisfactory to the administrator.
(2) Each licensee must provide sanitary toilets for each sex, located on the ground floor of the premises licensed. Such toilets shall be partitioned off from the rest of the establishment by tightfitting self-closing doors and shall be properly designated as to sex. In each toilet an electrical light shall be in operation and such room shall be ventilated directly to the outside air by means of a window or other form of ventilator approved by the administrator. The minimum number of toilets to be installed by each licensee shall be one water closet for each sex for each 50 or fraction thereof of the seating capacity of the establishment. Provided, that places having a seating capacity of 100 or more shall be required to provide a urinal in the men’s toilet in place of one of the water closets required.
(3) The licensee shall provide a suitable lavatory or sink in addition to dishwashing sinks, located in or near the toilet room, and an adequate supply of liquid soap and paper or individual linen towels.
(4) Running water of suitable quality for drinking purposes must be maintained by each licensee, as well as running hot water of a temperature of at least 170 degrees Fahrenheit to all sinks and lavatories.
(5) Properly trapped sewer connections with city sewer shall be provided for all toilets, sinks, lavatories, icebox drains and other cooling units.
(6) Adequate ventilation shall be provided by windows, transoms, flues or exhaust fans, as may be required by the administrator.
(7) Adequate natural or artificial lighting shall be provided in all parts of the establishment. Each licensee shall be responsible for the proper lighting of his premises and shall at no time permit or allow the standard of light to be reduced below the power of three footcandles in the darkest part of the room, as determined by the standard footcandle light meter. Darkened booths or stalls shall not be permitted.
(8) Screening shall be provided on all outside openings of buildings between May 1 and October 1 of each year. All screen doors must swing outward and be equipped with self-closing devices.
(9) All equipment shall be clean and sanitary and shall meet with the approval of the administrator.
(10) The beverage bar shall be provided with a two-compartment metal sink, with a corrugated metal drainboard of nonrusting metal. Both compartments shall have running hot and cold water and shall be properly connected with the sewer. Minimum temperature of hot water shall be 170 degrees Fahrenheit. A one-compartment sink and a hot water glass rinser may be substituted in place of a two-compartment sink, upon approval of the administrator.
(11) All serving glasses used in any establishment licensed to sell beer and/or wine by the glass shall be sterilized each time they are used, by immersing in a chlorine solution containing from 50 to 200 parts per million of chlorine, in the manner prescribed by the administrator. Such chlorine solution shall at all times be maintained at the above standard and shall be changed at least four times each day, or more often if necessary, to maintain it at the standard required and free from visible contamination.
(12) Where food is sold for consumption on the premises, the food, equipment and general sanitation of the establishment shall comply with the requirements of state law and the county department of health.
(13) The establishment for the sale of beer and/or wine by the glass must contain sufficient room for storage of the usual and necessary equipment incidental to the operation of such establishment.
(Code 1985, § 4-43)
10-138 Prohibited hours of sale.
In accordance with the statutory authority granted to the city, by virtue of Act No. 281 of the Public Acts of Michigan of 1937 (MCL 436.2 et seq.), and subsequent amendments to the liquor control statute, no person, either directly or indirectly, by himself, his agent, servants or employees, shall sell, give away, furnish or permit to be drunk or consumed on the premises owned, operated or controlled by him or for which a license has been granted by the state, any beer or wine between the hours of 2:00 a.m. and 7:00 a.m. of each weekday, and on Sundays between 2:00 a.m. and 12:00 noon.
(Code 1985, § 4-44)
10-139 Conformity with sign regulations.
All licensees, including specially designated merchants, shall comply with the terms and provisions of any sign ordinance of the city.
(Code 1985, § 4-45)
10-140 Disorderly conduct.
In any hotel, tavern or restaurant where beer and/or wine are sold by the glass, no proprietor or licensee of such hotel, tavern or restaurant shall permit or allow disorderly conduct on the part of patrons of such establishment.
(Code 1985, § 4-46)
10-141 Employees mingling.
No waiter or waitress while on duty in any hotel, tavern or restaurant where beer and/or wine is sold by the glass shall mingle with patrons or guests in such establishment.
(Code 1985, § 4-47)
10-142—10-160 Reserved.
DIVISION 2. LICENSE
10-161 Inspection of premises.
Previous to the issuance of any license for the sale of beer and wine by the glass, the premises to be occupied by any such applicant shall be inspected by the chief of police, the administrator of the building and safety engineering division, the chief of the fire department, or their designees. Such place of business must be approved by each of these departments and shall comply with all laws of the state and ordinances of the city relative to health and safety.
(Code 1985, § 4-48)
10-162 Partitioning of certain licensed premises; exception.
(a) No license shall be approved for the sale of beer and/or wine in any building, a part of which is used as a dwelling or lodginghouse, unless the applicant shall file an affidavit, signed and sworn to by him, stating that access from the portion of the building so used as a dwelling or lodginghouse to the portion of the building where the applicant desires to sell beer and/or wine is effectively closed.
(b) If any way of access from the residential portion of the building to the portion used for the sale of alcoholic liquor shall be opened after a license under this division is granted, such license shall be subject to revocation.
(c) This section shall not apply to a hotel or club.
(Code 1985, § 4-35)
10-163 Premises restricted near church or school buildings.
(a) Any new application for a license to sell beer and/or wine at retail, or any request to transfer location of an existing license, shall be denied if the contemplated location is within 500 feet of a church or a school building. Such distance between the church or school building and the contemplated location shall be measured along the centerline of the street or streets of address between two fixed points on the centerline determined by projecting straight lines, at right angles to the centerline, 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.
(b) This section shall not apply to applications for licenses for the sale of beer and/or wine for consumption off the premises not in conjunction with a license for consumption on the premises.
(c) The council may waive the provisions of this section in the case of other classes of licenses, if no objection is filed by the church or school. In such cases, the council may recommend the issuance of the license in accordance with the provisions of law.
(Code 1985, § 4-36)
10-164 Revocation of beer and wine license; procedure.
(a) The violation of any of the provisions of this division, the Municipal Code of Pontiac, Michigan, the laws of the state and/or the rules and regulations of the state liquor control commission shall be sufficient cause for recommendation by the council to the liquor control commission that the license granted for the sale of beer and wine, whether for on-premise or off-premises consumption be revoked.
(b) Any licensee holding a beer and wine license from the state, which license has been approved by the council, and who fails or neglects to comply with the terms of this division, the Municipal Code of Pontiac, Michigan, the laws of the state and/or the state rules and regulations, shall be liable for the recommendation that such license be revoked. In the event of such recommended revocation, the licensee shall be entitled to a hearing before the council, if such hearing is demanded by him/her in writing and presented to the clerk within ten days of the date of such recommended revocation.
(c) The hearing under this section shall be started at the following regular meeting of the council after the appeal of licensee is received. The council, after hearing both sides of the question, shall act as sole judge as to whether or not the recommended revocation shall stand.
(Code 1985, § 4-37; Ord. No. 2148, § 1, 10-10-02)
10-165 License limitation; personal responsibility.
(a) Not more than one license to sell beer and/or wine by the glass shall be approved by the city council to the same person for the same period of time.
(b) The holder of a license to sell beer and/or wine by the glass, approved by the city council, shall at all times be personally responsible for the licensed business.
(Code 1985, § 4-40)