§ 10-110. Issuance of license.

(a)

Pre-existing businesses . All smoking lounges operating pursuant to a valid certificate of occupancy on the effective date of this article are hereby granted a de facto temporary license to continue operating for a period of 180 days following the effective date. During this period all smoking lounge businesses shall apply for a license pursuant to this article; and by the expiration date of the 180 days shall conform to all requirements for issuance of a license.

(b)

Application review. Upon the filing of a completed application for a smoking lounge business license, the city clerk shall forward a copy to the following departments: department of emergency services administration, community development, treasurer's office, department of public works and any other department, to review the application for compliance with the requirements of all applicable ordinances and codes.

(c)

The city clerk shall issue a license to the applicant, or issue to the applicant a written notice to deny the application. The city clerk shall issue a license unless:

(1)

Information . An applicant has failed to provide information as required by section 10-109 for issuance of a license, or has falsely answered a question or a request for information on the application form;

(2)

Fee. The license application fee required by this article has not been set;

(3)

State exemption certificate. The applicant does not have a valid state-issued exemption certificate, the state has denied the application for a transfer, or the exemption has been revoked;

(4)

Code compliance . The subject premise's lacks a current certificate of occupancy or does not comply with applicable building, zoning, plumbing, mechanical, electrical, health, or fire prevention codes. Upon filing an application for a building permit, plan review, or certificate of occupancy, the applicant shall also file a copy with the city clerk;

(5)

Ventilation and parking. The community development department has indicated that the premises lack the ventilation or parking required for the proposed use;

(6)

Unpaid fees. The community development department, the treasurer's office, the department of public works, or the department of emergency services has indicated that there are unpaid fees or incurred violations under its purview related to the subject premises;

(7)

Taxes . The city treasurer's office has denied a real estate tax clearance pertaining to the subject premises;

(8)

Ownership/lease . The business does not own the premises for which a license is sought or does not have a lease for the full period for which the license is sought;

(9)

Previous revocation/non-renewal. An applicant has had a smoking exemption revoked, or not renewed for cause, in the last seven years under this article or a comparable city or township ordinance or state law, whether in Michigan or otherwise;

(10)

Prior nuisance . Any business in which the applicant has had an influential interest, has, in the previous seven years, and at the time during which the applicant had the influential interest:

a.

Been declared by a court of law to be a nuisance, as defined under the Revised Judicature Act, MCL 600.3801; or

b.

Been subject to an order of closure or padlocking.

(11)

Disqualifying criminal act. An applicant has been convicted of, or pled guilty, or nolo contendere or no contest or entered an Alford plea, to a disqualifying criminal act as defined in this article;

(12)

Additional licensing. The business is not licensed to do business in Michigan or has not obtained a sales tax license;

(d)

Reservation of authority. Notwithstanding anything to the contrary in this article, no applicant has a right to the issuance of a license; and the city hereby reserves the right to determine who, if anyone, shall be entitled to the issuance of such a license, based on the objective criteria listed in this article which relate to concerns for public health, safety, and welfare as identified herein.

(e)

License contents; posting; possession. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, the address of the business. The business license shall be posted in a conspicuous place at or near the entrance to the business so that it may be read at any time.

(f)

Other laws applicable . Nothing in this article shall be construed to exempt the licensee from any other requirements set forth by city ordinance, state or federal law.

(Ord. No. 13-857 , § 1, 11-18-13)