CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORDINANCE NO. 76
ALCOHOLIC BEVERAGES REGULATIONS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, March 6,
2023, to be held at 7:00 p.m., at the Orion Township Municipal Complex Board Room, 2323
Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance to amend Ordinance
No. 76, Alcoholic Beverages Regulations, for the Charter Township of Orion, Michigan, to
amend the Ordinance to adopt additional criteria for issuance of On-Premises Licenses for
consideration and update the procedure for processing applications.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
AN ORDINANCE TO ESTABLISH PROCEDURES AND STANDARDS FOR REVIEW OF
APPLICATIONS, RENEWALS, TRANSFERS, AND REVOCATIONS OF LICENSES TO SELL
BEER, WINE, AND/OR SPIRITS.
* * *
Section 4 – Application for New License
An application for a new license to sell beer, wine, and/or spirits within the Township shall be made
to the Township Board through the office of the Township Clerk Supervisor, in writing, signed by the
applicant(s) if an individual or partnership, or by a duly authorized agent if a corporation, verified by
oath or affidavit, and shall be accompanied by a One Thousand Dollar ($1,000) non-refundable fee to
cover the costs of investigation and review by the Township. The application shall contain the
following statements and information:
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B. Processing of Applications
1. Investigation: A copy of any application submitted under this article shall be referred by the
Township Clerk Supervisor to any Township department for an investigation relating to its areas
of responsibility and a report back to the Township Board if, in the discretion of the Township
Board, such investigation is in the interest of the Township residents or would assist the Board in
its review. As part of the Township’s investigation, the Township shall undertake the following:
a. The Township shall determine whether there are any uncured Ordinance violations; and
forward its finding together with a written recommendation to the Township Board within
thirty (30) days of receipt of the application unless a longer time period is determined to be
appropriate as set forth by Resolution of the Township Board.
b. The Treasurer’s office shall determine whether there are outstanding real estate taxes due and
owing, or other unpaid fees such as water bill, inspection/permit fees, etc.; and forward its
findings together with written recommendation to the Township Board within thirty (30)
days of receipt of the application unless a longer time period is determined to be appropriate
as set forth by Resolution of the Township Board.
2. Disqualification. An applicant shall be deemed ineligible for issuance of a new license and such
application shall not be submitted to the Township Board if any of the following conditions apply:
a. An applicant is ineligible if they have had a liquor license revoked, or not renewed for cause,
in the last seven (7) years under this Article or a comparable City or Township ordinance or
state law, whether in Michigan or otherwise;
b. An applicant is ineligible if they had an influential interest in a business that has been
declared by a court of law to be a nuisance, as defined under the Revised Judicature Act MCL
600.3801, within seven (7) years prior to the filing of the application for local approval, if the
conditions creating the nuisance occurred during the time that the applicant had the influential
interest in the business.
c. An applicant who is eligible to obtain a Class C Redevelopment Liquor License, based on the
location of the proposed establishment for which an Applicant seeks local approval, shall not
be eligible for local approval for a Class C License subject to a quota.
3. Determination: After receiving the reports of the Township Clerk Supervisor and any department
from which the Township Board has requested a report, the Township Board shall grant a public
hearing upon the license application to consider whether the issuance of an additional liquor
license is in the best interests of the Township at large and fits the needs and convenience of its
citizens. Following such hearing, the Township Board shall determine whether to approve or
disapprove the issuance of a new license of the issuance of a dance, entertainment or dance-
entertainment permit to the state liquor control commission and shall transmit its decision to the
state liquor control commission and give notice of its decision promptly to the applicant in
4. Township Board Decision: Such decision of the Township Board to approve or disapprove of an
application shall be wholly within its discretion and its determination as to what action will best
promote the best interest of the Township and its residents. Notwithstanding anything to the
contrary in this Ordinance, no applicant for local approval has a right to the issuance of an
alcoholic liquor-related license to the applicant; and the Township hereby reserves the right to
determine who, if anyone, shall be entitled to the issuance of such a license, based on the
objective criteria listed herein which relate to concerns of the public health, safety, and welfare as
they correlate to the project. In reaching its decision, the Board should consider all pertinent
factors, including those listed in this subsection. By listing some of the factors to be considered,
this subsection shall not be deemed to accord applicants (For purposes of the review factors listed
below, "applicant" shall be considered to include all officers, partners, members and managers of
the proposed business or the entity applying for the license.) for liquor licenses any more or
greater due process rights than those existing under the laws of the state. The factors considered
by the Board may include the following:
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r. Public safety and policing requirements, including whether applicant has any uncured
Ordinance violations and the applicant’s moral character, with special consideration given to
any convictions for crimes involving moral turpitude, violence, or alcoholic liquor violations
by the applicant or those who are intended to manage the facility:
(i) Background Check
(ii) Building Code Violations
(iii) OCSO Recommendations
(iv) Fire Department Recommendations
* * *
w. Non-payment of taxes including outstanding real estate taxes due and owing, or other unpaid
fees such as water bill, inspection/permit fees, etc.
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F. Multiple Applicants for Available Licenses.
If the Township Board elects to issue an available license and more than one person applies for same, the
criteria set forth in this paragraph shall determine which, if any, applicant is issued an available license.
1. The applicant which best meets the criteria set forth in Section 4.
2. The applicant whose operations will be most consistent with the promotion of the health, safety,
and welfare of the residents of the Township.
3. The applicant whose operations will be most consistent with the appropriate use of adjacent
properties and the Township as a whole.
4. The economic and social impact of the applicant’s proposed establishment, including, but not
limited to, the dollar amount of investment, the number of new employment opportunities, and whether a
parcel of property in the Township will be developed and/or redeveloped.
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Section 6 – Application Procedure for New Permits
Any permit ancillary to a liquor license, including Dance, Entertainment, or Dance / Entertainment, may
be issued simultaneous to the issuance of a new liquor license or after the issuance of the liquor license, in
the discretion of the MLCC. The Township Board may issue a recommendation for approval or denial to
the MLCC. Promptly upon receiving the MLCC notice of a permit application the Township Clerk
Supervisor will refer the permit request to the Township Board, which will set the matter for hearing
before the Township Board, due notice to be given the following:
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Section 7 – Special Permits
Request for special permits shall be made in writing to the Township Clerk's Supervisor’s office,
accompanied by a Three Hundred Dollar ($300) non-refundable application fee. The Township Clerk
Supervisor shall coordinate approval of special permit requests with the Oakland County Sheriff's
Department, then refer the request to the Township Board, which will set the matter for hearing before the
Township Board, due notice to be given the licensee. In passing on the licensee's request, the Township
Board may consider the following:
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Section 11 – Revocation
The Township Board may request that the MLCC revoke an on-premises license or a permit, at any time,
for any of the following reasons:
A. Failure to comply with all conditions, standards, plans, or agreements entered into in consideration for
the issuance of the license, including, but not limited to, failure of a new and/or expanding
development to obtain site plan approval from the Township within 6-months of obtaining local
approval and/or failure to commence construction within one (1) year of obtaining local approval if
the Board has placed same as a condition on the issuance of a license .
* * *
SECTION 2 of Ordinance
Section 15 – Severability
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision, and such holding shall not affect the validity of the
remaining portions thereof.
SECTION 3 of Ordinance
Section 16 – Date of Effect
The Clerk of the Charter Township of Orion shall certify to the adoption of this Ordinance and cause the
same to be published in The Lake Orion Review, a newspaper of general circulation in the Township, as
required by law. This Ordinance shall take effect immediately upon publication, as so certified.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2323 Joslyn Road, Lake
Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m.,
Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults,
Clerk, at the address listed above.
Penny S. Shults, Clerk
Charter Township of Orion