A
SSOCIATED
N
EWSPAPERS OF
M
ICHIGAN
P
AGE
2
February 19, 2015
Charter Township of Canton Board Proceedings – February 10, 2015
A regular meeting of the Board of Trustees of the Charter Township of Canton was held Tuesday, February 10, 2015 at 1150
Canton Center S., Canton, Michigan. Meeting to order at 7:00 p.m.
Roll Call
Members Present: Anthony, Bennett, McLaughlin,
Sneideman, Williams, Yack Members Absent: LaJoy Staff Present: Director Bilbrey-Honsowetz, Director Faas, Director
Mutchler, Director Trumbull, Kristin Kolb Motion by Bennett, supported by Anthony to appoint Melissa McLaughlin as chair for
the evening in the absence of Supervisor LaJoy. Motion carried by all members present. McLaughlin led the Pledge of Allegiance
to the Flag.
Adoption of Agenda
Motion by Bennett, supported by Williams to amend the agenda to move Consent Calendar Item
C-7 Second Reading of an Amendment to the Township Code of Ordinances, Chapter 18, Businesses, By Adding A New Article
VI Entitled “Smoking Lounges” to the General Calendar Item G-1A. Motion carried by all members present.
Approval of
Minutes
Motion by Bennett, supported by Sneideman to approve the Board Minutes of January 13, 2014 as presented. Motion
carried by all members present. Motion by Bennett, supported by Sneideman to approve the Study Session Meeting Minutes of
February 3, 2015 as presented. Motion carried by all members present.
Citizen’s Non-Agenda Item Comments:
None
Payment
of Bills
Motion by Bennett, supported by Williams to approve payment of the bills as presented for January 27, 2015. Motion
carried by all members present. Motion by Bennett, supported by Williams to approve payment of the bills as presented for
February 10, 2015. Motion carried by all members present.
CONSENT CALENDAR: Item C-1. Consider Authorizing the
Township Clerk to Sign the Annual MDOT Permit for 2015 (MSD)
Motion by Bennett, supported by Williams to approve the
Township Clerk as the designated officer to execute the 2015 Annual Permit for Underground Utility Operations within the
Michigan Department of Transportation right-of way. Motion carried by all members present.
Item C-2. Consider Authorizing
Payment of $27,297 for Membership in the Alliance of Rouge Communities (ARC) (MSD)
Motion by Bennett, supported by
Williams to authorize payment of the invoice of $27,297 to continue Canton’s membership in the Alliance of Rouge Communities.
Motion carried by all members present.
Item C-3. Consider Approval of an Extension of Contract with Mattioli Cement
Company for the 2015 Sidewalk Repair Program (MSD)
Motion by Bennett, supported by Williams to approve a one year
extension of contract to Mattioli Cement Company for the 2015 sidewalk repair program. Motion carried by all members pres-
ent.
Item C-4. Consider Approval of a 2015 Budget Amendment for the Selectron Software Purchase (MSD)
Motion by
Bennett, supported by Williams to approve a budget amendment for the Selectron software purchase in an amount of $53,400 by
increasing revenues: transfer from fund balance Account #101-000.695 by $53,400; and by increasing expenses: Capital Outlay
Computers & Equipment Account #101-372.970_0010 by $53,400.Motion carried by all members present.
Item C-5.
Reappointment to the CDBG Advisory Council (FBD)
Motion by Bennett, supported by Williams to reappoint Katherine
Martin to the CDBGAdvisory Council for a two year term, effective January 1, 2015 and expiring on December 31, 2016. Motion
carried by all members present.
Item C-6. Reappointments to the Canton Tax Board of Review (Supv)
Motion by Bennett,
supported by Williams to approve the reappointments of John Burdziak, James Malinowski, Anthony Rosati, Carol Richardson,
and Mike Macyda to the Canton Tax Board of Review for a two-year term to expire on 3/1/17. Motion carried by all members
present.
Item C-7. Moved to item G-1A Item C-8. Second Reading Of A Text Amendment To The Township Code Of
Ordinances, Appendix A, The Zoning Ordinance, Adding ADefinition For “Smoking Lounge” And Identifying The Zoning
Districts Where Smoking Lounge Businesses Will Be Permitted To Operate (Supv)
Motion by Bennett, supported by
Williams to remove from the table and hold the second reading of a text ordinance which amends Appendix A to the Charter
Township Code of Ordinances, the Zoning Ordinance. Motion carried by all members present.
STATE OFMICHIGAN COUN-
TY OF WAYNE CHARTER TOWNSHIP OF CANTON APPENDIX A AN ORDINANCE AMENDINGAPPENDIX A –
ZONING, OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF CANTON, MICHIGAN, BY
AMENDING ARTICLE 1.00 – RULES OF CONSTRUCTION AND DEFINITIONS; ARTICLE 16.00—C-2, COMMU-
NITY COMMERCIAL DISTRICT; ARTICLE 17.00 - C—3, REGIONAL COMMERCIAL DISTRICT; AND ARTICLE
18.00—C-4, INTERCHANGE SERVICE DISTRICT TO PROVIDE DEFINITIONS AND REGULATIONS RELATED
TO SMOKING LOUNGES. THE CHARTER TOWNSHIP OF CANTON ORDAINS: SECTION 1. AMENDMENT TO
CODE. ARTICLE 1.00. RULES OF CONSTRUCTION AND DEFINITIONS * * * Sec. 1.03. – Definitions.
[Establish
the following definition.]
Smoking Lounge
. Smoking Lounge shall mean an establishment, which has a State issued smoking
ban exemption certificate, and that allows smoking of tobacco products or non-tobacco products or substances on the premises.
The term “smoking lounge” includes, but is not limited to, facilities commonly described as tobacco retail specialty stores, cigar
bars and lounges, hookah bars, cafés and lounges, tobacco bars and lounges, tobacco clubs or 0% nicotine establishments.
ARTI-
CLE 16.00. C-2, COMMUNITY COMMERCIAL DISTRICT * * * Sec. 16.02. – Permitted Uses and Structures.
A.
Principal uses and structures.
1. - 19. [Unchanged.] 20. Smoking Lounge, per the requirements of Chapter 18, Business
Regulations.
ARTICLE 17.00. C-3, REGIONAL COMMERCIAL DISTRICT * * * Sec. 17.02. – Permitted Uses and
Structures.
A.
Principal uses and structures.
1. - 11. [Unchanged.] 12. Smoking Lounge, per the requirements of Chapter
18, Business Regulations
. ARTICLE 18.00. C-4, INTERCHANGE SERVICE DISTRICT * * * Sec. 18.02. – Permitted
Uses and Structures.
A.
Principal uses and structures.
1. - 6. [Unchanged.] 20. Smoking Lounge, per the requirements of
Chapter 18, Business Regulations.
SECTION 2. SEVERABILITY
If any clause, sentence, section, paragraph or part of
this Ordinance, or the application of thereof to any person, firm, corporation, legal entity or circumstances, shall be for any rea-
son adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalid
the remainder of this Ordinance. It is hereby declared to the legislative intent of this body that the Ordinance is severable, and
that the Ordinance would have been adopted had such invalid or unconstitutional provisions not have been included in this ordi-
nance.
SECTION 3. REPEAL OF CONFLICTING ORDINANCES
All Ordinance or parts of Ordinance is conflict herewith
is hereby repealed only to the extent necessary to give this Ordinance full force and effect.
SECTION 4. SAVINGS CLAUSE
All rights and duties which have matured penalties which have been incurred, proceedings which have begun and prosecution for
violations of law occurring before the effective date of this Ordinance are not affected or abated by this Ordinance.
SECTION
5. EFFECTIVE DATE; PUBLICATION.
A public hearing having been held hereon pursuant to the provisions of Section 103
of Act 110 of the Public Acts of 2006, as amended, the provisions of this Ordinance shall be published within fifteen (15) days of
its adoption of publications of a notice in a newspaper circulated in Canton Township stating the date of enactment and effective
date, a brief statement as to its regulatory effect and that a complete copy of the Ordinance is available for public purchase, use
and inspection at the office of the Township Clerk during the hours of 8:30 AM to 4:30 PM, Local Time. The provision of this
Ordinance shall become effective seven (7) days after its publication.
CERTIFICATION
The foregoing Ordinance was duly
adopted by the Township Board of Trustees of the Charter Township of Canton at its regular meeting called and held on the 10 th
day of February, 2015, and was ordered to be given publication in the manner required by law. Terry Bennett, Clerk Introduced:
January 24, 2015 Adopted: February 10, 2015 Published: February 19, 2015 Effective: February 26, 2015
Item C-9. Consider
Approval of Application for One Day Special Liquor License and Agreement for Canton Soccer Club Event (CLS)
Motion
by Bennett, supported by Williams to authorize the sale and consumption of alcohol at The Celtic Celebration on Saturday, June
6, 2015; and furthermore, I move that the following resolution be adopted: That the Canton Soccer Club, through its duly elected
officers, make application to the MLCC for a Special License for the sale of alcohol for consumption on the premises to be in
effect on Saturday, June 6, 2015 at Independence Park located on Denton Road in Canton, Michigan, County of Wayne and that
the Township Clerk be authorized to sign and submit this application. Motion carried by all members present. Motion by Bennett,
supported by Williams to approve the agreement between Canton Township and the Canton Soccer Club for the event on June 6,
2015. Motion carried by all members present.
Item C-10. Consider Authorization of a Sponsorship Agreement with
Community Financial Credit Union (CLS)
Motion by Bennett, supported by Williams to authorize the 2015 Sponsorship and
Advertising Proposal with Community Financial Credit Union, 500 S. Harvey, Plymouth, MI 48170 in the amount of $9,990.
Motion carried by all members present.
GENERAL CALENDAR: Item G-1A. Second Reading Of An Amendment To The
Township Code Of Ordinances, Chapter 18, Businesses, By Adding A New Article VI Entitled “Smoking Lounges” (Supv)
Motion by Bennett, supported by Sneideman to remove from the table and hold the second reading of an amendment to the Canton
Township Code of Ordinances, which amends Chapter 18 by adding a new Article VI entitled “Smoking Lounges.” Motion car-
ried by all members present.
STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON
CHAPTER 18 AN ORDINANCE TO AMEND CHAPTER 18 OF THE CHARTER TOWNSHIP OF CANTON CODE
OF ORDINANCES, AS AMENDED, ENTITLED BUSINESSES, TO ADD ARTICLE VII, SMOKING LOUNGES, TO
LICENSEAND REGULATE SMOKINGESTABLISHMENTS FOR THE PUBLIC HEALTH, SAFETYANDWELFARE
OF THE TOWNSHIP AND PERSONS WITHIN ITS JURISDICTIONAL BOUNDARIES. THE CHARTER TOWN-
SHIP OF CANTON ORDAINS: SECTION 1. AMENDMENT TO CODE.
Chapter 18 of the Charter Township of Canton
Code of Ordinances, as amended, is hereby amended by adding Article VII, entitled “Smoking Lounges,” to read as follows:
ARTICLE VI. SMOKING LOUNGES DIVISION 1. GENERALLY Sec.18-401. Purpose.
Since the State of Michigan
enacted Public Act 188 of 2009 to prohibit smoking in public places smoking lounges have become increasingly popular. Cigar
Bars and Tobacco Specialty Retail Stores that qualify and were in existence on May 1, 2010, are exempt from the smoking in pub-
lic prohibition. The State issues exemption certificates that may be transferred resulting in an increase in the number of establish-
ments in the Township. Potential adverse impacts associated with these establishments have been identified such as large num-
bers of patrons during the evening and night time, crowds overflowing into parking areas and impeding on nearby businesses,
leaving behind trash, broken alcohol bottles and debris, incidents requiring police response, fights, alcohol possession on unli-
censed premises, traffic, noise, and complaints from neighboring businesses and residents. The purpose of this article is to regu-
late smoking lounges for the public health, safety, and welfare of the Township and persons within its jurisdictional boundaries;
to prevent access to tobacco and non-tobacco smoking products by minors at these establishments, and to prevent the spread of
smoke fumes to adjacent properties, and persons passing by these establishments. This article is designed to establish reasonable
and uniform regulations to prevent potential adverse impacts relating to these establishments. The regulations adopted are
designed to provide objective and orderly procedures for the administration of this article.
Sec. 18-402. Definitions.
For pur-
poses of this article, the words, terms, and phrases shall be defined as follows:
Cigar
shall mean any roll of tobacco weighing
three (3) or more pounds per 1,000, which roll has a wrapper or cover consisting of tobacco.
Cigar bar
shall mean an establish-
ment or area within an establishment that is open to the public and is designated for the smoking of cigars that has a State issued
exemption certificate.
Disqualifying criminal act
shall mean any of the following: (1) Any of the following misdemeanor or
felony offenses under any of the following statutes, as amended, for which less than seven (7) years elapsed since the date of con-
viction or the date of release from confinement for the conviction, whichever is the later date: i. Michigan Penal Code, Chapter
X, Arson and Burning; ii. Michigan Penal Code, Chapter XI, Assaults, except MCL 750.81(1) and (2); iii. Michigan Penal Code,
Chapter XVII, Bribery and Corruption; iv Michigan Penal Code, Chapter XXII, Compounding Offenses; v Michigan Penal Code,
Chapter XXVA, Criminal Enterprises; vi Michigan Penal Code, Chapter XXVIII, Disorderly Persons; vii Michigan Penal Code,
Chapter XXXI, Embezzlement; viii. Michigan Penal Code, Chapter XXXIII, Explosives, Bombs, Harmful Devices; ix. Michigan
Penal Code, Chapter XXXIV, Extortion; x. Michigan Penal Code, Chapter XLIII, Frauds and Cheats; xi. Michigan Penal Code,
Chapter XLIV, Gambling; xii. Michigan Penal Code, Chapter XLV, Homicide; xiii. Michigan Penal Code, Chapter XLVIII,
Indecency and Immorality; xiv. Michigan Penal Code, Chapter LVIII, Mayhem xv. Michigan Penal Code, Chapter LXVII,
Prostitution; xvi. Michigan Penal Code, Chapter LXVIIA, Human Trafficking; xvii. Michigan Penal Code, Chapter LXXVI,
Sexual Conduct; xviii. Michigan Penal Code, Chapter LXXVIII, Robbery; xix. Michigan Penal Code, Chapter LXXXIII-A,
Michigan Anti-Terrorism Act; xx. Michigan Compiled Laws, 333, Part 74, Controlled Substances – Offense and Penalties; xxi.
Michigan Compiled Laws Section 205.27, Taxation-Prohibited Acts, including tax evasion. (2) Any attempt, solicitation, or con-
spiracy to commit one of the foregoing offenses; or (3) Any offense enumerated in the Township Code of Ordinances which sub-
stantially corresponds to one of the foregoing state offenses; or (4) Any offense in another jurisdiction that, had the predicate act(s)
been committed in Michigan, would have constituted any of the foregoing offenses.
Influential interest
shall mean any of the fol-
lowing: (1) actual power to operate or control the operation, management, or policies of a current or prospective business; includ-
ing the manager of the prospective business, or (2) ownership of a financial interest in the business, or ownership of an interest
that is ten percent (10%) or more of the total interest of a current or prospective business, including such business entities as a
firm, partnership, limited partnership, association, limited liability company, or corporation; or (3) holding an office, such as, e.g.,
president, vice president, secretary, treasurer, managing member, managing director, etc., in a legal entity which operates a cur-
rent or prospective business.
Minor
shall mean any person under eighteen (18) years of age.
Non-tobacco smoking products or
substances shall
include any product or substance that can be consumed by smoking such as, but not limited to: e-cigarettes, bid
is, kreteks, clover cigarettes, herbal cigarettes, electronic and herbal hookah, steam stones, smoking gels or other smoked product.
Premises
shall mean the location for which a smoking lounge establishment operates under a State issued exemption certificate
and includes the land, and all improvements located thereon, including the primary building and all accessory and out-buildings,
and is not limited to the smoking area.
Sale
shall mean, the exchange, barter, traffic, furnishing, or giving away of tobacco prod-
ucts and non-tobacco smoking products and substances which is regulated by the State of Michigan and pursuant to this article.
Smoking lounge
shall have the same meaning as is set forth in Sec. 1.03 of Appendix A to the Code of Ordinances.
State
shall
mean the State of Michigan.
State issued exemption certificate
shall mean a valid exemption certificate issued by the State of
Michigan for the premises, from the Public Act 188 of 2009 smoking in public ban which allows indoor smoking on the premis-
es in compliance with the Act.
Tobacco product
shall mean a product that contains tobacco and is intended for human consump-
tion, including, but not limited to, cigars, cigarettes, non-cigarette smoking tobacco or smokeless tobacco as defined by the
Tobacco Products Tax Act, MCL 205.422.
Tobacco specialty retail store
shall mean an establishment that has a State issued
exemption certificate and for which the primary purpose is the retail sale of tobacco products, non-tobacco smoking products and
substances, and smoking paraphernalia.
DIVISION 2. LICENSE Sec. 18-501. Business license required.
A person shall not
operate a smoking lounge in the Township without first obtaining a smoking lounge business license issued pursuant to the pro-
visions of this article.
Sec. 18-502. Application.
(a)
Information required
. An applicant for a smoking lounge license shall annu-
ally file in person at the office of the Township Clerk, a completed application made on a form provided by the Clerk. The appli-
cation shall be signed as required herein and shall be notarized. An application shall be considered complete when it contains, for
each person required to sign the application, the information and/or items required in paragraphs (1) through (9) below, accom-
panied by the required fee. (1) The applicant’s full legal name and any other names used by the applicant in the preceding seven
(7) years. If the applicant is a partnership, corporation, limited liability company, or other legal entity, then all persons with an
influential interest in the entity shall be deemed an applicant and shall provide the information required by this article. Each appli-
cant must be qualified under section 18-503, and each applicant shall be considered a licensee if a license is granted. (2) Current
business address or another mailing address of the applicant. (3) Written proof of identity, in the form of a driver’s license or a
copy of a birth certificate accompanied by a picture identification document issued by a governmental agency. (4) The proposed
business name, location, parcel identification number, mailing address and phone number. (5) A copy of the State issued exemp-
tion certificate for the premises; or if a transfer has been applied for, a copy of the application filed with the State. (6) The name
and business address of the designated local agent who is responsible to supervise the premises and activities and who is author-
ized to receive service of process. (7) A statement of whether any applicant has been convicted of or has pled guilty or nolo con-
tendere to a disqualifying criminal act as defined in this article, and if so, specify each criminal act involved, including the date,
place, and jurisdiction of each, as well as, the dates of conviction and release from confinement, where applicable. This statement
shall be accompanied by an authorization to conduct a criminal background check. (8) A statement as to whether any applicant
has ever had a license revoked under the penalty provisions of the Michigan Liquor Control Code, PA 58 of 1998, as amended.
(9) A statement as to whether any business in which an applicant has had an influential interest, has, in the previous seven (7)
years, and at the time during which the applicant had the influential interest: i. Been declared by a court of law to be a nuisance,
as defined under the Revised Judicature Act, MCL 600.3801; or ii. Been subject to a court order of closure or padlocking. (10)
Statement of nature of proposed operation The information provided pursuant to paragraphs (1) through (10) of this subsection
shall be supplemented in writing by certified mail, return receipt requested, to the Township Clerk within ten (10) working days
of a change of circumstances which would render the information originally submitted false or incomplete. (b)
Signature
required.
If a person who wishes to operate the business is an individual, the person shall sign the application. If a person who
wishes to operate a business is other than an individual, each person with an influential interest in the business shall sign the appli-
cation for a license as applicant. (c)
Disclosure.
The information provided by an applicant in connection with an application for a
license under this article shall be maintained by the Township Clerk’s Office and all personal information shall be deemed confi-
dential and may be disclosed only as required by law or by court order.
Sec. 18-503. Issuance of license.
(a)
Pre-existing busi-
nesses
. All smoking lounges operating pursuant to a valid certificate of occupancy on the effective date of this ordinance are here-
by granted a de facto temporary license to continue operating for a period of ninety (90) days following the effective date. During
this period all smoking lounge businesses shall apply for a license pursuant to this article; and by the expiration date of ninety (90)
days shall conform to all requirements for issuance of a license. (b)
Application review.
Upon the filing of a completed applica-
tion for a smoking lounge business license, the Township Clerk shall forward a copy to the following departments or divisions:
Building and Inspection Services Division, Department of Public Safety, and any other necessary department(s) or division(s), to
review the application for compliance with the requirements of all applicable ordinances and codes. (c) The Township Clerk shall
either issue a license to the applicant or issue to the applicant a written notice denying the application. The Township Clerk shall
issue a license unless: (1)
Information
. An applicant has failed to provide information as required by section 18-502 for issuance
of a license, or has falsely answered a question or a request for information on the application form; (2)
Fee.
The license appli-
cation fee required by this article has not been paid; (3)
State exemption certificate.
The applicant does not have a valid State issued
exemption certificate, the State has denied the application for a transfer, or the exemption has been revoked; (4)
Code compliance
.
The subject premises lacks a current certificate of occupancy or does not comply with applicable building, zoning, plumbing,
mechanical, electrical, health, or fire prevention codes. Upon filing an application for a building permit, plan review, or certificate
of occupancy, the applicant shall also file a copy with the Township Clerk; (5)
Ventilation and parking.
The Building and
Inspection Services Division indicates that the premises lack the ventilation and/or parking required for the proposed use; (6)
Unpaid fees.
Any of the reviewing departments or divisions has indicated that there are unpaid fees or uncured violations under
its purview related to the subject premises; (7)
Ownership/lease
. The business does not own the premises for which a license is
sought or does not have a current lease for the proposed licensed premises; (8)
Previous revocation/non-renewal.
An applicant
has had a smoking exemption revoked, or not renewed for cause, in the last two (2) years under this article or a comparable
Township or township ordinance or state law, whether in Michigan or otherwise; (9)
Prior nuisance
. Any business in which the
applicant has had an influential interest, has, in the previous seven (7) years, and at the time during which the applicant had the
influential interest: i. Been declared by a court of law to be a nuisance, as defined under the Revised Judicature Act, MCL
600.3801; or ii. Been subject to an order of closure or padlocking. (10)
Disqualifying criminal act.
An applicant has been con-
victed of, or pled guilty, or nolo contendere or no contest, to a disqualifying criminal act as defined in this article, or has had a
license suspended under the Michigan Liquor Control Code; (11)
Additional licensing.
The business is not licensed to do business
in Michigan or has not obtained a sales tax license. (d)
Reservation of authority.
Notwithstanding anything to the contrary in this
article, no applicant has a right to the issuance of a license; and the Township hereby reserves the right to determine who, if any-
one, shall be entitled to the issuance of such a license, based on the objective criteria listed in this ordinance which relate to con-
cerns for public health, safety, and welfare as identified herein. (e)
License contents; posting; possession.
The license, if granted,
shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s),
the expiration date, and, the address of the business. The business license shall be posted in a conspicuous place at or near the
entrance to the business so that it may be read at any time. (f)
Other laws applicable
. Nothing in this article shall be construed
to exempt the licensee from any other requirements set forth by Township ordinance, state or federal law.
Sec. 18-504. Fees.
The
fees for a license under this article shall be established by resolution adopted by the Township Board and shall be placed on file,
and made available, at the office of the Township Clerk.
Sec. 18-505. Inspection.
Filing an application for a smoking lounge
shall constitute consent to inspection by Township officials as provided herein, for the purpose of ensuring compliance with the
specific regulations of this article. During Township business hours or at other mutually agreeable time, the applicant shall allow
the representatives of Township departments onto the property and into the proposed licensed premises to complete an inspection.
This section shall be narrowly construed by the Township to authorize reasonable inspections of the licensed premises pursuant
to this article.
Sec. 18-506. Transfer of license.
(a) A licensee shall not transfer the license to another, nor shall a licensee oper-
ate a smoking lounge under the authority of a license at any place other than the address designated in the smoking lounge license
application. Any transfer shall be grounds for suspension and revocation. A proposed transfer shall require a new application be
filed and shall be subject to the same procedures, standards and fees required for a new license. Each location operated by a licens-
ee requires a separate license. (b) Approval of the transfer of a State issued exemption certificate by the State of Michigan shall
not abrogate the requirement to apply for and obtain a smoking lounge license as required by this article. There shall be no trans-
fer into the Charter Township of Canton of a State of Michigan Exemption Permit under the Dr. Ron L. Davis Act of 2009; MCL
333.12601, et seq., as amended.
Sec. 18-507. Annual license, expiration.
The license issued under this article shall be valid for
a period of one year from the date of issue, unless otherwise suspended or revoked. A renewal license shall be obtained within
thirty (30) days following expiration of the current license, and may be renewed only by making application and payment of the
fee as required by this article.
DIVISION 3. DENIAL, SUSPENSION, REVOCATION, HEARING Sec. 18-601. Denial.
In
the event the Township Clerk issues a written notice to deny for failure to comply with the requirements of section 18-503, the
provisions of section 18-604 providing for an appeal hearing shall apply.
Sec. 18-602. Suspension.
The Township Clerk shall sus-
pend the license for a period of thirty (30) days if the licensee has knowingly violated this article or has knowingly allowed an
employee to violate this article. Upon receiving notice of a violation, the Clerk shall issue a written notice to suspend, which shall
include the grounds for the suspension, the effective date of the suspension, and that the licensee may within twenty (20) days,
request in writing, an appeal hearing before the Township Board pursuant to the provisions of section 18-604. The suspension shall
take effect twenty-one (21) days after the date of the notice of suspension.
Sec. 18-603. Revocation; non-renewal.
(a)
Violation
after previous suspension.
The Township Clerk shall issue a written notice of revocation if the licensee knowingly violates this
article or has knowingly allowed an employee to violate this article and the licensee’s license has been suspended within the pre-
vious twelve (12) month period. (b)
Grounds for revocation/non-renewal
. The Township Clerk shall issue written notice to revoke
or non-renewal of the license if: (1) The licensee would not meet the standards set forth in section 18-503 if the licensee were
an applicant for a new license. (2) The licensee has knowingly or recklessly allowed two (2) or more violations of the regula-
tions of this article in the preceding twelve (12) month period. (3) The licensee has knowingly or recklessly allowed a nuisance,
as defined under the Revised Judicature Act, MCL 600.3801, to be maintained upon the premises. (4) The subject premises have
existing violations of building, zoning, plumbing, mechanical, electrical, health or fire prevention codes. (5) The operation of the
licensed establishment has resulted in a pattern of patron conduct in the neighborhood of the establishment that continually and
substantially disturbs the peace, order, and tranquility of the neighborhood. (6) The licensee has failed to maintain the grounds and
exterior of the licensee’s establishment by allowing litter, debris, and/or refuse to unreasonably remain on the property or adjoin-
ing properties. (7) The licensee knowingly or recklessly operated the business during a period of time when the license was sus-
pended. (8) The licensee has knowingly or recklessly engaged in illegal activity or allowed any illegal activity to occur in or on
the licensed premises, or has been found liable for a violation of the Michigan liquor control code. (c)
Effect of appeal of con-
viction
. The fact that any relevant conviction is being appealed shall have no effect on the revocation/non-renewal of the license,
provided that, if any conviction which serves as a basis of a license revocation/non-renewal is overturned or reversed on appeal,
that conviction shall be treated as null and of no effect and the license shall be reinstated. (d)
Effective date
. The revocation/non-
renewal shall not take effect for twenty-one (21) days from the date of the notice of revocation/non-renewal. (e)
Appeal.
The writ-
ten notice to revoke/non-renewal, shall include the grounds for the revocation/non-renewal, the effective date of the revoca-
tion/non-renewal, and that the licensee may request in writing, within twenty (20) days of the date of the notice of suspension, or
revocation/non-renewal, an appeal hearing before the Township Board pursuant to the provisions of section 18-604. If not
appealed, the suspension shall take effect twenty-one (21) days after the date of the notice of suspension.
Sec. 18-604. Appeal
hearing.
(a)
Notice of hearing.
Upon receipt of a request for appeal, the Township Board shall provide the licensee with notice
and an opportunity to be heard. The Township Board shall serve notice upon the licensee by certified mail, not less than twenty
(20) days prior to the hearing date. The notice shall state: (1) The date, time and place of the hearing. (2) A statement that the
licensee may present evidence and testimony, and may be represented by an attorney. (b)
Hearing and decision
. The hearing shall
be conducted by the Township Board and shall be open to the public. The Township Board shall submit to the licensee a written
statement of its findings, decision, specific grounds for its decision, and a statement that the decision may be appealed to a court
of competent jurisdiction.
DIVISION 4. REGULATIONS Sec. 18-701. Zoning Requirements.
A smoking lounge may only
be located in permitted zoning districts as identified in Appendix A to this Code of Ordinances, the Zoning Ordinance.
Sec. 18-
702. Limitation.
There shall be no more than five (5) smoking lounge businesses granted licenses and operating in Canton
Township at any given time.
Sec. 18-703. Hours of operation.
Businesses operating a licensed smoking lounge shall be closed
between the hours of 1:00 a.m. and 8:00 a.m. on any day. No one shall be allowed on the premises except employees after mid-
night. Only a minimum of three (3) employees shall remain on the premises after midnight and shall carry proof of employment,
such as an identification badge. The manager and/or employees shall provide proof of employment when requested to do so by a
member of the Police Department. Only employees and/or contractors shall remain on the premises after closing and shall carry
proof of employment.
Sec. 18-704. Local agent on premises.
The licensee, or the local agent designated in the application,
shall remain on the premises while open for business to supervise the activities and shall be responsible to ensure compliance with
the regulations of this article. In the event a licensee changes the local agent, the licensee shall immediately notify the Clerk in
writing of the name and business address of the new local agent. All managers or local agents shall be over the age of twenty-one
(21) years old.
Sec. 18-705. Mechanical ventilation required.
Mechanical ventilation shall be supplied in compliance with the
Michigan Mechanical Code to ensure sufficient ventilation of the smoking lounge. The recirculation and the natural ventilation of
air from the smoking lounge is prohibited; and the air supplied to the smoking lounge shall be exhausted and discharged to an
approved location in compliance with the Michigan Mechanical Code.
Sec. 18-706. Off-street parking required.
Off-street
parking shall be provided for the smoking lounge business. The minimum amount of parking shall be calculated by utilizing the
parking requirements listed for bars and lounges contained in the Canton Township Zoning Ordinance.
Sec. 18-707. Storage
lockers prohibited
. Storage lockers shall be prohibited on the premises of a smoking lounge, except that on-site humidors may
be permitted in the smoking area of a cigar bar.
Sec. 18-708. Outdoor activities prohibited.
There shall not be any outdoor
activities, outdoor public admission events, or outdoor seating. The business activities shall be conducted wholly indoors. In no
event shall designated on-site parking areas be used for any other purpose than parking of passenger vehicles. To ensure that the
smoke is contained within the smoking area, all windows and doors shall remain closed to ensure that the smoke does not infil-
trate nonsmoking areas and is not emitted to passersby.
Sec. 18-709. Loitering, exterior lighting, and monitoring require-
ments.
It shall be the duty of the licensee or the designated local agent to: (a)
Signs.
Post conspicuous signs stating that no loi-
tering is permitted on the premises; no minors are permitted on the premises; and patrons must leave the parking area immediately
upon close of the business; (b)
Monitor
. Designate one (1) or more employees to monitor, while the premises are open for busi-
ness, the activities of persons on the premises by visually inspecting the interior and exterior of the premises at least once every
ninety (90) minutes or inspecting the premises by use of video cameras and monitoring; (c)
Exterior.
Ensure lighting of the exte-
rior premises is provided, including all parking areas, for visual inspection and security. All exterior lighting shall comply with all
provisions of the Canton Township Zoning Ordinance; (d)
Parking area.
The licensee shall ensure that patrons are not parking
in adjacent or neighboring parking lots or in residential areas that are not part of the parking area approved on the site plan for the
licensed premises.
Sec. 18-710. Disturbing the peace
. The licensee or local agent, shall be responsible to maintain the premis-
es to ensure there is not a violation of the Code of Ordinances, section 46-294, for disturbing the peace. If the licensee or desig-
nated local agent is convicted for a violation of 46-294, the conviction shall be grounds for revocation, denial or suspension of a
license.
Sec. 18-711. Prohibited activities.
It is unlawful for a licensee or local agent to knowingly violate the following reg-
ulations or to knowingly allow an employee, patron or any other person to violate the following regulations. The licensee or local
agent shall remove anyone violating the following regulations: (a)
Minors prohibited.
No one shall be allowed on the premises
of a smoking lounge business unless the individual is eighteen (18) years of age or older. The licensee and local agent shall ensure
that identifications of individuals on the premises have been checked to determine that every individual is eighteen (18) years of
age or older before entry into the premises. The exit doors shall be monitored to ensure that no one is attempting to gain secret
entry into the premises. A sign shall be posted near the entrance stating “No one under the age of eighteen (18) allowed.” (b)
Alcoholic liquor.
No person shall sell, offer for sale, trade, provide, allow, possess, consume or attempt to consume any alcoholic
liquor on the premises unless the licensee has obtained the appropriate license from the Liquor Control Commission pursuant to
MCL 436.1101
et seq
., as amended. (c)
Nudity prohibited.
No one shall be allowed on the premises of a smoking lounge busi-
ness to appear nude or in a state of nudity as defined in section 18-141 of this chapter. (d)
Controlled substances prohibited
. It
shall be unlawful to sell or permit to sell, offer for sale, trade, provide, allow, possession, consumption or attempt to consume any
controlled substance on the premises in violation of Article 7 of the Public Health Code, MCL 333.1101
et seq
.
Sec. 18-712.
Penalties and enforcement.
(a)
Misdemeanor.
A person who violates or fails to comply with any of the provisions of this arti-
cle shall be guilty of a misdemeanor, punishable by a maximum fine of five hundred dollars ($500.00) and/or a maximum of nine-
ty (90) days imprisonment. Each day a violation is committed, or permitted to continue, it shall constitute a separate offense and
shall be treated as a separate offense.
SECTION 2. SEVERABILITY
If any clause, sentence, section, paragraph or part of this
Ordinance, or the application of thereof to any person, firm, corporation, legal entity or circumstances, shall be for any reason
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalid
the remainder of this Ordinance. It is hereby declared to the legislative intent of this body that the Ordinance is severable, and
that the Ordinance would have been adopted had such invalid or unconstitutional provisions not have been included in this ordi-
nance.
SECTION 3. REPEAL OF CONFLICTING ORDINANCES
All Ordinance or parts of Ordinance is conflict herewith
is hereby repealed only to the extent necessary to give this Ordinance full force and effect.
SECTION 4. SAVINGS CLAUSE
All rights and duties which have matured penalties which have been incurred, proceedings which have begun and prosecution for
violations of law occurring before the effective date of this Ordinance are not affected or abated by this Ordinance.
SECTION
6. PUBLICATION The
Clerk for the Charter Township of Canton shall cause this Ordinance to be published in the manner
required by law.
SECTION 7. EFFECTIVE DATE
This Ordinance, as amended, shall take full force and effect upon publica-
tion as required by law.
CERTIFICATION
The foregoing Ordinance was duly adopted by the Township Board of Trustees of
the Charter Township of Canton at its regular meeting called and held on the 10 th day of February, 2015, and was ordered to be
given publication in the manner required by law. Terry G. Bennett, Clerk Introduced: January 24, 2015. Adopted: February 10,
2015 Published: February 19, 2015 Effective: February 19, 2015 Motion by Bennett, supported by Sneideman to change Sec.
18-703. Hours of operation in the Ordinance to read: “Businesses operating a licensed smoking lounge shall be closed between
the hours of 1:00 a.m. and 8:00 a.m. on any day”. Motion carried by all members present. Motion by Bennett, supported by
Sneideman to set the fee for a Smoking Lounge license at $200.00. Motion carried by all members present.
Item G-1. Consider
Approval of the Final Site Plan for Torrey Hill Site Condominiums Phase II (MSD)
Motion by Bennett, supported by
Sneideman to adopt the following resolution. Motion carried by all members present. RESOLUTION OF BOARD OF
TRUSTEES CHARTER TOWNSHIP OF CANTON
Final Site Plan Approval for Torrey Hill Site Condominiums Phase II
WHEREAS,
the Project Sponsor, Mr. Jon Goldman, has requested final site plan approval for Torrey Hill Site Condominiums
Phase II to be located on Beck Road between Cherry Hill and Saltz Roads, identified as tax EDP #063-99-0006-703; and,
WHEREAS,
the Planning Commission reviewed the site plan and made a recommendation to approve the request to grant final
site plan approval, as summarized in the attached written analysis and recommendation. Torrey Hill Site Condominiums Phase 2
NOW THEREFORE BE IT RESOLVED,
the Board of Trustees of the Charter Township of Canton, Michigan does hereby
approve the request of the petitioner, Mr. Jon Goldman, to approve the final site plan for the proposed Torrey Hill Site
Condominiums Phase II subject to any and all state and local development regulations and further subject to conditions recom-
mended by the Planning Commission and staff including submission of a revised master deed and by-laws containing the previ-
ously mentioned statements and revision of the tree plan and landscape plan to show accurate unit numbers, as described in the
analysis and recommendation attached hereto and made a part hereof.
Item G-2. Consider Approval of an Extension of the
Contract with HydroCorp Incorporated (formerly HydroDesigns) to Implement Canton’s Cross Connection Control
Program (MSD)
Motion by Bennett, supported by Williams to approve a three year extension of the professional services con-
tract with HydroCorp, Inc. to provide management services and inspections for the Township’s Cross Connection Control Program
for an amount of $32,820 per year; and Further, authorize the Township Supervisor to sign the agreement on behalf of the
Township. Motion carried by all members present. Trustee Yack requested moving Item G-6 to be the next item on the agenda
to accommodate an audience member. The chair agreed.
Item G-6. Approve the Canton Tax Board of Review Guidelines for
Hardship and Value Appeals (Supv)
Motion by Bennett, supported by Williams to approve the value and hardship appeal guide-
lines to be used by the Tax Board of Review in 2015. Motion carried by all members present.
Item G-3. Consider Approval of
a Budget Amendment and an Increase Purchase Order 2014-00001186 for Abandonment and Removal of an Existing
Sanitary Force Main Associated with the Warren-Lotz Sanitary Sewer Diversion Project to Stante Excavating
Incorporated (MSD)
Motion by Bennett, supported by Williams to approve a budget amendment by: increasing Expenditures
402-302.801_0040 Capital Projects Professional & Contr. $19,700; and increasing revenues 402-000.695 Fund Balance
Appropriation $19,700. Motion carried by all members present. Motion by Bennett, supported by Williams to increase Purchase
Order 2014-00001186 to Stante Excavating by $19,700 for a total not to exceed $116,900, which includes a 10% contingency, to
perform the force main abandonment work as part of the Warren-Lotz Sanitary Sewer Diversion Project. Motion carried by all
members present.
Item G-4. Consider Award of a Contract with Interstate Security Incorporated for Security System
Upgrades at the Public Works Facility (MSD)
Motion by Bennett, supported by Sneideman to award a contract for security
system upgrades at the Public Works facility to Interstate Security Incorporated for $66,030, plus a 5% contingency, for a total
not-to-exceed amount of $69,350. Motion carried by all members present.
Item G-5. Consider Approval of a Budget
Amendment and Change Order for Wade Trim Associates for Additional Construction Engineering Services (MSD)
Motion by Bennett, supported by Sneideman to approve a budget amendment to increase expense account #402-302.801_0040
Professional and Contractual Services by $13,500 and to increase revenue account #402-000.695 Fund Balance Appropriation by
$13,500; and further to approve a change order to Wade Trim Associates contract for construction and survey services on the ITC
pathway project for an amount not to exceed $13,500. Motion carried by all members present.
Item G-7. Consider Request to
Purchase Ammunition (PSD)
Motion by Bennett, supported by Sneideman to approve the purchase of 100 cases of ammunition
in the amount of $32,854, from Kiesler’s Police Supply, Inc., 2802 Sable Mill Road, Jefferson, Indiana, utilizing a combination
of funds budgeted in the 2015 Police Operating Supplies and Drug Forfeiture Fund accounts. Motion carried by all members pres-
ent.
Item G-8. Blanket Purchase Orders (FBD)
Motion by Bennett, supported by Sneideman to approve the attached Blanket
Continued on page 3
