§ 10-128. Revocation; non-renewal.

(a)

Violation after previous suspension. The city clerk shall issue a written notice of revocation if the licensee knowingly violates this article or has knowingly allowed an employee to violate this article and the licensee's license has been suspended within the previous 12-month period.

(b)

Grounds for revocation/non-renewal . The city clerk shall issue written notice to revoke or non-renewal of the license if:

(1)

The licensee would not meet the standards set forth in section 10-110 if the licensee were an applicant for a new license.

(2)

The licensee has knowingly or recklessly allowed two or more violations of the regulations of this article in the preceding 12-month period.

(3)

The licensee has knowingly or recklessly allowed a nuisance, as defined under the Revised Judicature Act, MCL 600.3801, to be maintained upon the premises.

(4)

The subject premises have existing violations of building, zoning, plumbing, mechanical, electrical, health or fire prevention codes.

(5)

The operation of the licensed establishment has resulted in a pattern of patron conduct in the neighborhood of the establishment that substantially disturbs the peace, order, and tranquility of the neighborhood.

(6)

The licensee has failed to maintain the grounds and exterior of the licensee's establishment by allowing litter, debris, and/or refuse to unreasonably remain on the property or adjoining properties.

(7)

The licensee knowingly or recklessly operated the business during a period of time when the license was suspended.

(8)

The licensee has knowingly or recklessly engaged in illegal activity or allowed any illegal activity to occur in or on the licensed premises.

(c)

Effect of appeal of conviction . The fact that any relevant conviction is being appealed shall have no effect on the revocation/non-renewal of the license, provided that, if any conviction which serves as a basis of a license revocation/non-renewal is overturned or reversed on appeal, that conviction shall be treated as null and of no effect and the license shall be reinstated.

(d)

Effective date . The revocation/nonrenewal shall not take effect for 21 days from the date of the notice of revocation/non-renewal.

(e)

Appeal. The written notice to revoke/non-renewal, shall include the grounds for the revocation/non-renewal, the effective date of the revocation/non-renewal, and that the licensee may request in writing, within 20 days of the date of the notice of suspension, or revocation/non-renewal, an appeal hearing before the city council pursuant to the provisions of section 10-129. If not appealed, the suspension shall take effect 21 days after the date of the notice of suspension.

(Ord. No. 13-857 , § 1, 11-18-13)