Section 436.1105. Application for license; denial; grounds.

(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.

History: 1979 AC; 1985 AACS; 1995 AACS; 1998-2000 AACS; 2004 AACS.