Current through Vol. 24-04, March 15, 2024
Rule 5.
(1) An
applicant for a license shall provide evidence in the application of, or
demonstrate at a hearing, all of the following:
(a) Any of the following:
(i) If an individual, that the applicant is
the legal age for the consumption of alcoholic liquor in this state.
(ii) If a partnership, that all partners are
the legal age for the consumption of alcoholic liquor in this state.
(iii) If a privately held corporation, that
all stockholders are the legal age for the consumption of alcoholic liquor in
this state, unless the stock of the stockholders is held in a fiduciary
relationship.
(iv) If a limited
liability company, that all members are the legal age for the consumption of
alcoholic liquor in this state.
(b) The existence of adequate legitimate and
verifiable financial resources for the establishment and operation of the
proposed licensed business in proportion to the type and size of the proposed
licensed business.
(c) The
existence of an adequate physical plant or plans for an adequate physical plant
appropriate for the type and size of the proposed licensed business.
(d) That the location of the proposed
licensed business shall adequately service the public.
(2) The commission shall consider all of the
following factors in determining whether an applicant may be issued a license
or permit:
(a) The applicant's management
experience in the alcoholic liquor business.
(b) The applicant's general management
experience.
(c) The applicant's
general business reputation.
(d)
The opinions of the local residents, local legislative body, or local law
enforcement agency with regard to the proposed business.
(e) The applicant's moral
character.
(f) The order in which
the competing initial application forms are submitted to the commission;
however, this subdivision shall not apply to an application for a resort
license authorized by section 531 of 1998 PA 58, MCL 436.1531.
(g) Past convictions of the applicant for any
of the following:
(i) A felony.
(ii) A crime involving the excessive use of
alcoholic liquor.
(iii) A crime
involving any of the following:
(a)
Gambling.
(b)
Prostitution.
(c)
Weapons.
(d) Violence.
(e) Tax evasion.
(g) Fraudulent activity.
(h) Controlled substances.
(iv) A misdemeanor of such a
nature that it may impair the ability of the applicant to operate a licensed
business in a safe and competent manner.
(v) Sentencing for any of the offenses
specified in this subrule after a plea of nolo contendere.
(h) The applicant's excessive use of
alcoholic liquor.
(i) The effects
that the issuance of a license would have on the economic development of the
area.
(j) The effects that the
issuance of a license would have on the health, welfare, and safety of the
general public.
(3) An
application for a new license, an application for any transfer of interest in
an existing license, or an application for a transfer of location of an
existing license shall be denied if the commission is notified, in writing,
that the application does not meet all appropriate state and local building,
plumbing, zoning, fire, sanitation, and health laws and ordinances as certified
to the commission by the appropriate law enforcement officials. The commission
may accept a temporary or permanent certificate of occupancy for public
accommodation issued by the appropriate officials as evidence of compliance
with this subrule.
