Considering the January 6, 2011 planning commission meeting with context of city code § 154.171(A) Criteria for special use permits and city code § 154.003, § 154.067 below and MCL 125.3504; it appears the planning commission is challenging the ZBA for the title of most inept administration.
The sole public hearing on the Planning Commission's January 6, 2011 agenda, special use permit request SUP 10-11 concluded with approval. The applicant requested the permit to allow operating a 24 hour Class I restaurant from leased space in an existing shopping plaza located in a C-3 zoning district.
Recap: SUP 10-11 aka ZBA-15-2010
- November 23, 2010 - ZBA authorizes variance from 'Night Club' screening and proximity requirements, stipulating variance effective only while enterprise is not a 'Night Club'.
- December 2, 2010 - Planning Commission conducts public hearing, postpones scheduled consideration of the request.
- January 6, 2011 - Planning Commission conducts 2nd public hearing, authorizes special use permit with stipulation that at least 50% of the gross revenues are from food sales, fails to describe means deemed suitable demonstration of compliance with requirement; mandates compliance where circumstances are beyond applicant's control; and without cause, hamstrings hours of operation.
Morning Sun - Published: Friday, January 07, 2011
VIDEO: Planners approve permit for restaurant, nightclub
By MARK RANZENBERGER Sun Online Editor
"My biggest concern is the alcohol," said Planning Commissioner Minde Lux. She said she wasn't happy that the city had no mechanism to investigate the 50-percent-food rule, depending instead on the Michigan Liquor Control Commission.
She noted that the state regulators don't do regular audits, but respond only to complaints.
CMU Life - Published: Friday, January 07, 2011
City approves a new restaurant and nightclub to open on Mission Street
By Jake Bolitho
“The alcohol remains a concern to me,” Lux said. “I would want to ensure that this is going to be a 50 percent or more restaurant.”
There are no mandatory checks throughout the year that the city or state conducts for such establishments, said Jeff Gray, Mount Pleasant director of planning and community development.
Reader Comments - Morning Sun Friday, January 07, 2011
VIDEO: Planners approve permit for restaurant, nightclub
" No, my point is that Commissioner Lux was trying to get Jeff Grey and Orlick to make that a condition for approval and if you watched the video, the restaurant states they will be sending reports in IF requested. Commissioner Lux makes a point to state that it was a requirement anyways and Chairman Orlick continued to state to her that is was out of the Planning Commissions hands and would lay at the hands of the state to check on the 50% food requirements. Watch the video and maybe you will understand and not be so confussed. Commissioner Lux was stating over and over that she knew darn well that this was not being looked into by the City in any way, but was told over and over that this special use request fell under the Liquor Commission for the 50%. WATCH THE VIDEO!! "
January 6, 2011 ("we don't do" - "that makes no sense")
§ 154.067 C-3 GENERAL BUSINESS DISTRICTS
(C) Principal uses permitted subject to special use permit. The following special uses shall be permitted subject to the conditions imposed for each use and subject further to the review and approval of the Planning Commission.
(8) Class I restaurants, subject to the following conditions:
(a) The establishment shall provide City Manager with reports and business records, in the form and manner required by an administrative order prepared by the City Manager and approved by the Commission, to permit the city to review and determine continued compliance with the requirements and performance standards set forth in the definition of RESTAURANT AND OTHER RELATED USES - CLASS I RESTAURANT in § 154.003.
(b) The requirements and performance standards of § 154.003, definition of RESTAURANT AND OTHER RELATED USES - CLASS I RESTAURANT and the reporting requirements of this subsection shall be a written condition of all special use permits issued to Class I restaurants.
(c) Trade secrets or commercial or financial information received by the City Manager pursuant to this section shall be exempt from disclosure to the public as a public record and shall not be published pursuant to the provisions of M.C.L.A. § 15.243(g) if the proprietor requests that the records be confidential and the promise of confidentiality is authorized by the City Manager at the time the promise is made, except that such records shall be admissible before all courts and administrative tribunals in proceedings brought for the purpose of enforcing this chapter.
(d) The Zoning Administrator or Building Official shall make periodic investigations of developments authorized by special use permit. Any violations shall be corrected within 30 days after an order to correct has been issued by the Building Official. Violations not so corrected shall automatically cancel the certificate of occupancy and compliance. If the Building Official finds conditions prohibited by § 154.003 of this code for a Class I Restaurant continue unabated for seven days during any 30-day period after a notice of violation and order to correct have been issued, the special use permit shall be suspended and the certificate of occupancy and compliance canceled until the proprietor of the restaurant provides adequate assurances that the adverse conditions have been remedied, which assurances may include the requirement of a cash bond in an amount sufficient to reimburse the city for any unusual expenses and the adjacent property owners for any damages suffered; or if no adequate assurances can be provided, shall revoke the special use permit and the certificate of compliance and occupancy subject to review as provided by § 154.163 of this code.
24 Hour Operation, Alcohol≤50%
Breakfast, Lunch, Dinner and Dancing
December 2, 2010
§ 154.003 DEFINITIONS
(2) CLASS I RESTAURANT. Any public place licensed by the Michigan Department of Health where food is cooked, prepared, provided or served for human consumption and the premises are licensed for the sale of alcoholic liquors; provided that the establishment is operated subject to all of the following requirements and performance standards:
(a) Culinary facilities shall at all times be maintained and provided for the preparation and cooking of food for consumption on the premises.
(b) The establishment shall offer a varied menu of food items consisting of not fewer than ten such food items cooked or prepared on the premises.
(c) Not more than 50% of the gross floor area open to the general public shall be used for purposes other than seating for diners consisting of tables, chairs, booths and necessary aisleways. Public rest room facilities shall not be considered in this determination.
(d) During any given 90-day period no more than 50% of the gross revenues of the establishment shall be derived from the sale of any alcoholic liquor as defined by the Michigan Liquor Control Act. Admission charges or cover charges which exceed 10% of the establishment's gross revenues shall be considered as derived from the sale of alcoholic liquors for purposes of determining the percentage of sales of alcoholic liquors.
(3) NIGHT CLUB. Any public place licensed for the sale of alcoholic liquors, having a maximum occupancy capacity of greater than 100 persons (as determined by the Fire Marshal) not meeting the requirements of Class I restaurant.
(4) BARS and TAVERNS. Any public place licensed for the sale of alcoholic liquors, having a maximum occupancy capacity of fewer than 100 persons (as determined by the Fire Marshal) not meeting the requirements of a Class I restaurant.