Chapter 4
ALCOHOLIC LIQUORS¹

4-1. Compliance with state liquor control code of 1998.

All alcoholic liquor traffic, including among other things, the manufacture, sale, offer for sale, storage for sale, possession and/or transportation thereof within the township shall comply with the provisions of the state liquor control code of 1998, Public Act No. 58 of 1998 (MCL 436.1101 et seq.).

(Code 1987, § 7-01.02)

4-2. Liquor control enforcement department.

(a) Department established. For the purpose of the enforcement of said state liquor control code of 1998 within said township, there is hereby established a liquor control enforcement department with full power, authority and duty to see that the provisions of said act and the rules and regulations of the state liquor control commission, adopted pursuant to said code, are enforced within said township.

(b) Composition. Such department shall consist of not less than one constable or deputy sheriff appointed by the township board and such other personnel as the township board may, in its discretion, appoint.

(c) Compensation. The personnel in such department shall be entitled to such compensation as the township board may determine.

(d) Duties.

(1) Investigate complaints. Such department or a member thereof shall be available at all times to investigate complaints received under this chapter, and enforce the provisions hereof.

(2) Inspect establishments. The township liquor control enforcement department shall inspect not less than monthly, all liquor establishments licensed under the state liquor control code of 1998 and report the results of all inspections promptly to the township board.

(3) Investigate violations. The township liquor control enforcement department shall further promptly investigate all complaints received by it concerning violations of the state liquor control code of 1998, or improper operations and practices concerning alcoholic liquor traffic within the township, and report the same to the township board and, where appropriate under the state liquor control code of 1998, to the state liquor control commission for appropriate proceedings against the violator.

(Code 1987, § 7-01.03)

4-3. Inspections.

(a) Authority. Inspectors shall have the right to inspect any place in the township where alcoholic liquor is manufactured, sold, offered for sale, kept for sale, possessed or transported, or where the inspector suspects the same is being thus manufactured, sold, offered for sale, kept for sale, possessed or transported.

(b) Identification. All inspectors shall carry appropriate cards issued by the township clerk, clearly identifying them as township liquor control inspectors and shall present said cards to the owner or manager of every place inspected by them when making an inspection, upon demand for identification by such owner or manager.

(c) Reports. Whenever possible, all inspection reports shall be made on liquor law enforcement inspection forms furnished by the state liquor control commission or on similar forms otherwise obtained by the township liquor control enforcement department.

(Code 1987, § 7-01.04)

4-4. Conduct prohibited on licensed premises.

No person holding a license pursuant to the state liquor control code of 1998 for on-premises consumption shall engage in or permit on the licensed premises any of the following conduct:

(1) The performance of acts, or simulated acts, of sexual intercourse, fellatio, cunnilingus, masturbation, sodomy, bestiality, flagellation or any other act by a person involving the touching or contacting of the genitals.

(2) The erotic caressing or fondling of the breast, buttocks, pubic region or genitals.

(3) The actual or simulated displaying or exposure of the pubic hair, pubic region, anus, vulva or genitals.

(4) The exposure of the post pubertal female breast by any person. For the purpose of this subsection, a female breast is considered exposed if any portion of the breast, below a line immediately above the top of the areola, is exposed.

(Code 1987, § 7-01.05)

4-5. Enforcement permit questionnaire.

(a) Completed by permit applicants. Any person who has applied to the state liquor control commission for a dance and/or entertainment permit within the township limits shall obtain from the township clerk and answer a questionnaire form, which form shall be approved by resolution of the township board, prerequisite to the township board making recommendation on the state liquor control commission dance and/or entertainment permit.

(b) Information for board evaluation. The purpose of the questionnaire information furnished shall be to enable the township board to have the applicable information necessary to properly evaluate and make recommendation to the state liquor control commission.

(c) Filed prior to board recommendation. The completed questionnaire shall be filed with the township clerk before the township board makes recommendation to the state liquor control commission.

(d) Applicant afforded procedural safeguards. Prior to any recommendation by the township board to the state liquor control commission, the township board shall also afford to the person applying and completing and filing the questionnaire the procedural safeguards of notice and hearing before the township board.

(Code 1987, § 7-01.06)