An ordinance to license and regulate public amusement and entertainment businesses.

THE TOWNSHIP OF _________, ________ COUNTY, MICHIGAN, ORDAINS:

Section 1: License Required
No person, firm or corporation shall engage in the business within the Township of ____________ of offering a public amusement, entertainment, exhibition or performance without first obtaining a license therefor from the Township of ____________.

Section 2: Owner to See License
No person, firm or corporation shall knowingly allow or permit any building or land owned or possessed by him/her or it to be used for such a purpose unless a Township license therefor has been shown to such owner or possessor.

Section 3: Conditions Precedent
No license shall be granted or delivered until the applicant therefor has complied with all of the required conditions precedent to its issuance.

Section 4: Procedure for Issuance
A. Applicant shall submit an application not less than 60 days prior to the proposed commencement of such business, under oath, on a form to be provided by the ____________ Township Clerk, which application shall disclose such pertinent information about applicant, his/her proposed business location, facilities, maximum capacity to be admitted, business history, and responsibility, as the Clerk may require and shall be accompanied by the following:

1. Evidence that applicant has obtained public liability insurance with limits of not less than $100,000/$300,000 and property damage insurance with a limit of not less than $25,000 from a company or companies approved by the Commissioner of Insurance of the State of Michigan which insurance shall insure applicant, his/her employees and agents, against liability for death or injury to persons or damages to property which may result from the conduct of such licensed business, which policy or policies shall remain in full force and effective the specified amounts during the term of the license. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the Township Clerk, in writing, at least 10 days before the expiration or cancellation of said policy or policies.

2. A corporate surety bond in the amount of $10,000 in a form to be approved by the Township Attorney, conditioned upon applicant's faithful compliance with all of the terms and provisions of this licensing ordinance, and all applicable provisions of other Township ordinances, county ordinances, and state ordinances.

3. A license fee of $25 for a business, the approved capacity of which does not exceed 500 persons and an additional license fee of $25 for each additional 1,000 persons or fraction thereof to be admitted to licensee's place of business per day of operation.

B. The Clerk may refer the application to the Township Zoning Administrator, the Township Constable, the __________ County health department, the state fire marshal and other public officials as he/she may deem appropriate.

C. The application, supporting date, and reports of governmental officials shall then be presented to the Township Board of the Township of _________. In passing on the application, the Township Board shall determine whether or not the proposed business meets the requirements of this ordinance, other applicable Township ordinances, other applicable county ordinances and applicable state statutes and shall approve or deny the license accordingly. If the license is denied, the basis or bases for denial shall be specified in the resolution of denial.

D. Advertising of applicant's proposed business prior to the issuance of a license by the Township of ________ shall constitute a violation of this ordinance by applicant and shall constitute a basis for denial of such license.

E. Based upon the maximum number of persons to be admitted to licensee's place of business per day as disclosed in application, if such number exceeds 499 persons and if the Township Board in its discretion determines that the public safety and welfare make it desirable that police personnel be assigned to the vicinity of licensee's place of business, licensee shall be obligated to reimburse the Township for the actual expense of providing such police service to the extent of two officers for the first 500 persons and one additional officer for each additional 200 persons.

Section 5: Requirements for Operation
After issuance of the license, licensee shall meet the following requirements:

A. The insurance and bond required above shall continue in full force and effect until expiration or termination of the license.

B. Licensee shall permit Township, county and state officials to enter upon the licensed premises at all reasonable times to determine compliance with the requirements of this ordinance and other applicable Township, county, and state ordinances and statutes.

C. Licensee shall not knowingly permit violations of any Township ordinance, county ordinance or state statute by any of his patrons.

D. Licensee shall provide off-street parking facilities sufficient to accommodate all persons to be admitted to his place of business based on the maximum capacity specified in the application.

E. Licensee shall not admit to his/her premises any person who is then under the influence of intoxicating beverages or of drugs, nor shall he/she knowingly permit the possession, sale or consumption of intoxicating beverages, narcotics or hallucinogenic drugs on his business premises.

F. Licensee shall provide sufficient fences or barriers or shall so patrol the boundaries of his/her business premises as to efficiently prevent his/her patrons from directly trespassing on neighboring premises.

G. Licensee shall so conduct his business that it shall not give rise to a nuisance by reason of noise, vibration, smoke, odor or dust.

H. Licensee shall limit his/her business activities to the hours specified in his/her license.

I. Licensee shall post a copy of this ordinance and a copy of his/her license in his/her place of business in a location where they can be read easily by his/her patrons.

Section 6: Termination
Each license granted under the provisions of this ordinance shall expire at the end of the term specified in the application, but if not so established, shall expire on the next succeeding March 31.

Section 7: Non-Transferability
A license issued under this ordinance shall not be transferable to any other firm or person.

Section 8: Suspension and Revocation
A license required by this ordinance may be suspended or the renewal thereof refused by the Township for misrepresentation of any material fact in the application for such license. Any license may be suspended or revoked by the Township for good cause. The term "good cause" shall mean any act or omission or the permitting of a condition to exist with respect to the licensee in question which is contrary to the safety or welfare of the public, unlawful or fraudulent in nature, a violation of any provision or provisions of this ordinance under which the license was granted, is beyond the scope of the license issued, or a fact, circumstance or condition which had it existed or been known to the Township at the time the license was granted, would have been sufficient grounds for the refusal thereof. Revocation of a license may take place only after a hearing before the Township Board upon not less than seven days written notice to licensee at the address stated in the application of the licensee stating the time and place of such hearing and the reasons for revocation. A license issued under this ordinance may be suspended for not more than 20 days by a Constable of the Township of _________ for good cause.

Section 9: Penalty
Any licensee, employee or agent convicted of a violation of any provision of this ordinance shall be punished by a fine of not to exceed $100, or by imprisonment for not more than 90 days or any combination of both fine and imprisonment. Each act of violation and each day upon which such violation occurs shall constitute a separate offense.

Section 10: Nuisance
Any violation of any provision of this ordinance is hereby declared to be a nuisance per se and enjoinable by appropriate legal action.

Section 11: Severability
It is the legislative intent of the Township Board of the Township of ________ that each and every provision of this ordinance be liberally construed to protect and preserve the peace, safety and welfare of the inhabitants of said Township, and should any provision, section or portion thereof be held unconstitutional or invalid, such holding shall not affect the validity of the remaining provisions, it being the intent that the remainder of such ordinance shall stand notwithstanding the invalidity of any provision thereof.

Section 12: Effective Date
This ordinance shall take effect from and after __________, ____.

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your Township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.