Commentary
Public Act 246 of 1945 (MCL 41.181, et seq.) implies that a township may license all business establishments or, in the alternative, specific classes of business establishments (such as all theaters, all retail stores, etc.). The foregoing ordinance is a sample to require the licensing of all businesses that are situated within the township except for certain exempted uses. Because judicial decisions have generally required that ordinances regulating and licensing specific classes of businesses have had to include standards for issuance and review along with some basis for requiring licensing of that particular class of business, no attempt has been made to provide an ordinance licensing a specific business inasmuch as the alternatives are as numerous as the number of businesses that exist.

When utilizing the following ordinance, close attention should be paid to assure that all blank spaces are properly filled in. Every effort has been made to simplify this procedure and the only information that is required to be filled in is the particular name of the township, the county and the fee to be established by the Township Board.

The purpose of the ordinance is to provide a suggested guideline for the types of items which should be included within a licensing ordinance. Certainly no form can be substitute for legal judgment and certainly no form should be used unless, after careful review, it is the professional judgment of an attorney that the use of the form will accomplish particular objectives and intentions of his client township. Although the forms are the result of much thought and effort, neither the authors nor the Michigan Townships Association assume any responsibility for the results of use in individual cases.

We would suggest that this ordinance be made effective 30 days from the date of its publication. The ordinance must be published in a newspaper of general circulation within 30 days after its adoption by the Township Board and the ordinance must also be placed in the official ordinance book of the Township within seven days thereafter under the Clerk's certificate of adoption.

Suggested Application for Township Business License
Business Name ___________________________
Business Address ___________________________
Business Owner ___________________________
Business Phone ___________________________
Emergency Phone ___________________________
Nature of Business ___________________________
Daily Hours of Operation _____
Days Per Week of Operation _____
Number of Employees _____
Duration of Operation: Seasonal _____
Year-Round _____
Zoning Classification of Property _____
Size of Lot _____
Number of Buildings with Square Footage of Each _____
Amount of Off-Street Parking in Square Footage _____
Type of Fire Protection Apparatus, if any ________________
Type of Police Protection Apparatus, if any ________________
Types of Public Utilities Servicing Business ________________
Status of Occupancy of Owner (deed owner, land contract purchaser, tenant, etc.) ________________
I hereby make application for a _________ Township Business License and acknowledge the above information to be accurate to the best of my knowledge.

________________________________________________
Signature

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Sample Ordinance For Licensing of Businesses

An ordinance to provide for the annual licensing of businesses within the township and to create a procedure for the procurement of such licenses; to create certain conditions for the issuance of the license relating to its duration, to the prohibition of illegal businesses, to restrictions on the transfer of the license, and to the revocation of the license for noncompliance with this ordinance; to exempt political, charitable or religious establishments and governmental agencies from the operation and effect of this ordinance; to provide penalties for the violation thereof and to repeal all ordinances or parts of ordinances in conflict herewith.

THE TOWNSHIP OF __________, __________ COUNTY, MICHIGAN, ORDAINS:

Section 1: Title
This ordinance shall be known and cited as the ________ Township Licensing Ordinance.

Section 2: Definitions
As used in this ordinance:

"Business" means any trade, occupation, profession, work, commerce or other activity owned or operated for profit by any person within the township excluding, however, political, charitable or religious establishments.

"Licensing Agent" means the Township Clerk or such other township official or employee as may be designated by resolution of the Township Board.

"Person" means any individual, partnership, association or corporation.

"Township" means the Township of __________.

Section 3: Purpose
The purpose of the ordinance is to assist the Township with information to provide more adequate police and fire protection; more equal and equitable real and personal property taxation; better efficiency and economy in furnishing public utility services within the Township; more comprehensive and informed planning and zoning for uses of land and structures within the Township; and to establish a registry of businesses operating within the Township for the general information of the public and for the promotion of the Township.

Section 4: License Requirements
No person may commence or continue a business, as herein defined, within the Township without having first obtained a Township license therefor as hereinafter provided and without maintaining such license in current effect during any business operation or activity.

Section 5: Procurement Procedure for License
No license to commence or continue a business shall be issued until the owner or operator thereof shall have first submitted an application to the licensing agent of the Township on a form provided by the licensing agent for such purposes. A fee of $____ shall accompany the application. Upon the filing of a properly completed application and upon payment of the fee, the licensing agent shall issue a license to the person to commence or continue the business designated in said application if the business complies with the terms of this ordinance.

Section 6: Conditions of License
The license issued under this ordinance shall be effective until April 30th of the succeeding year with renewals of the same to be issued upon application and payment of the fee thereof in the same manner as set forth herein for the original issuance of the license. No license shall be issued by the licensing agent where the existing or proposed business would be illegal under any law or ordinance of the United States of America, the State of Michigan, the county having jurisdiction thereof, or the township. No license may be transferred by the holder to any other person except upon prior approval of the Township Board. The licensing agent shall have the right of inspection of the business premises to assure compliance with this ordinance. In the event of any noncompliance with the provisions of this ordinance after a license has been issued, the same may be revoked by order of the licensing agent until the noncompliance has been corrected as determined by said agent.

Section 7: Exemptions
No license shall be required of any political, charitable or religious establishment situated within the Township. The provisions of this ordinance are not applicable to any agency of the United States of America, the State of Michigan, or any political subdivisions thereof.

Section 8: Penalty Clause
Any violation of this ordinance or any part thereof shall be punishable by a fine not to exceed $100.00 plus court costs and/or confinement in the County Jail for a term not to exceed 90 days. In addition, the Township specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this ordinance.

Note: This ordinance is written to be enforced as a criminal misdemeanor. If your township intends to enforce this ordinance as a civil infraction, the penalty provision will need to be revised. Please consult your local attorney, or contact Michigan Townships Association for sample civil infraction penalty provisions and enforcement guidelines.

Section 9: Severability Clause
Should any portion of this ordinance adopted hereby be declared unconstitutional, illegal or of no force and effect by a Court of competent jurisdiction, such portion thereof shall not be deemed to affect the validity of any other part or portion thereof.

Section 10: Effective Date and Repeal of Conflicting Ordinances
This ordinance shall take effect on ________. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

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.