File #: 2005-0256    Version:
Type: License Status: Passed
File created: 3/31/2005 In control: City Council Regular Meeting
On agenda: Final action: 4/20/2005
Title: Adoption of Resolution to the State of Michigan in support of Local Control of Liquor Licenses
Indexes: Liquor License
Attachments: 1. Agenda Summary.pdf, 2. Orion Sample Resolution.pdf, 3. RH Proposed Resolution.pdf, 4. 0256 Resolution.pdf

Title

Adoption of Resolution to the State of Michigan in support of Local Control of Liquor Licenses

 

Body

Whereas Michigan liquor law allocates quota liquor licenses to municipalities based on population figures derived from the latest census; and  

 

Whereas quota liquor licenses are awarded by the Liquor Control Commission (LCC) following adoption of a resolution by a local municipality indicating approval or disapproval of the request for a license; and 

 

Whereas applicants are awarded quota liquor licenses for which they have paid no monies to the local municipality, except for an application processing fee; and 

 

Whereas current Michigan liquor law allows for the recipient of a quota liquor license to use the license and realize the profits from the sale of alcoholic beverages; to place the license in escrow with the LCC; to sell the license; or to transfer the quota license to another entity in or out of the local municipality; and  

 

Whereas cities, villages, and townships are the local governmental bodies wishing to retain local control over matters such as business development, including the award of quota liquor licenses in their communities; and  

 

Whereas allowing a quota liquor license to be transferred from a local municipality in which it was originally issued without the consent of that municipality has the effect of weakening the economic viability of that municipality and being counter-productive to the best interests of the State of Michigan; and  

 

Whereas the City of Rochester Hills is a growing community desirous of deciding how and to whom quota liquor licenses are to be issued in the interest of  promoting a healthy business climate and to ensure the health, safety, and welfare of the local citizenry; and 

 

Whereas the City of Rochester Hills is a local government that has lost local control of several quota liquor licenses no longer in use in the City of Rochester Hills through placement into escrow or transfer to another municipality. 

 

Now, Therefore, Be It Resolved that the Rochester Hills City Council supports the principle of local control by local municipalities of quota liquor licenses; and  

 

Be It Further Resolved that the Rochester Hills City Council petitions the State legislature to enact an amendment to Michigan liquor law that would ensure local control of liquor licenses through the requirement that any and all quota liquor licenses be returned to the quota for a particular local municipality, whether city, village, or township, when no longer in use, for whatever reason, in conjunction with the viable business to which it was originally issued; and 

 

Be It Further Resolved that copies of this resolution, once certified, be forwarded to the Liquor Control Commission; Craig De Roche, the Speaker of the House; Ken Sikkema, Majority Leader of the State Senate; Senator Michael Bishop; Senator Gilda Jacobs; State Representative John Garfield; Governor Jennifer Granholm, and to each of the municipalities in Oakland County.