10-71 Rules and regulations.

In addition to the rules and regulations of the state liquor control commission and the statutes of the state, the sale of alcoholic liquor by the glass shall be made in accordance with the provisions of this division; however, the provisions of this division, as contained in sections 10-75, 10-81, 10-101, 10-102, 10-103, 10-104, 10-105 and 10-106 shall not apply to special licenses issued on a temporary basis by the state liquor control commission.

(Code 1985, § 4-12)

10-72 Order to close during emergency.

The chief of police is authorized, in the event of any emergency, disturbance or other condition arising in the city, to order all liquor establishments closed until the emergency, disturbance or condition has ceased to exist.

(Code 1985, § 4-16)

10-73 Dancing or entertainment restrictions; permits.

(a)    Before any licensee permits or allows dancing or entertainment on his premises, he shall first obtain a dance entertainment permit from the state liquor control commission, the city council, and the chief of police.

(b)    Dancing will be allowed under the dance entertainment permit when there is a minimum floor space of 200 square feet where the seating capacity is less than 100 persons or a minimum floor space of 400 square feet in establishments which have a seating capacity of 100 or more persons. Such dance space shall be well marked and defined. No tables, chairs, or other obstacles shall be allowed during the time that dancing is permitted on such space. Such dance entertainment permit shall be displayed adjacent to the liquor license.

(c)    No licensee who operates a dancehall, pavilion or similar dancing place charging admission shall use or give out admission return checks. No patron who leaves such dancehall, pavilion, or similar dancing place shall be permitted to reenter the premises on the same evening without again paying full admission charge.

(d)    No overcrowding on dance floors shall be permitted.

(e)    Smoking or drinking on the dance floor is strictly prohibited.

(f)    No contests of any kind in connection with dancing or entertainment shall be permitted.

(g)    No entertainment, such as dancing, monologues, dialogues, or other types of performing, shall be allowed in any licensed establishment unless the licensee has obtained an entertainment permit, except for orchestras, piano playing, the playing of any other type of musical instrument and/or singers.

(h)    All entertainers must comply with the labor laws of the state.

(i)    No disorderly conduct or lewd, obscene or illegal language or exhibitions, dancing or entertainment shall be permitted.

(j)    Lighting must conform with the rules and regulations of the state liquor control commission.

(k)    Separate and adequate dressing rooms for male and female entertainers and employees shall be provided.

(l)    No patrons shall be allowed to take any active part in any entertainment in the licensed establishment, except community singing.

(m)    No licensee shall permit any person under the age of 18 years to entertain, either on a paid or voluntary basis, in any licensed establishment.

(n)    The licensee shall pay to the clerk an annual permit fee as established from time to time by resolution of the council, such license expiring on May 31 of each year.

(o)    The dancing and entertainment permit may be revoked by the council after notice and hearing whenever the licensee shall fail to comply with this division and rules of the state liquor control commission or shall be unable to maintain order and control in such licensed establishment.

(Code 1985, § 4-17)

10-74 Employee’s age requirements.

All licensees shall have in their possession birth certificates or other documents showing the place and date of birth of each employee. No person under the age of 18 years shall be permitted to sell or serve any alcoholic liquor or to work either on a paid or voluntary basis in that portion of the premises wherein alcoholic liquor is being served.

(Code 1985, § 4-18)

10-75 Rules and regulations.

The following regulations shall be complied with by all licensees where alcoholic liquors are sold for consumption on the premises:

(1)    Licensees and employees shall wear clean clothing, be clean about their person and free from communicable disease. No person who is a carrier of an infectious disease shall be employed where food or beverages are prepared, handled, stored or served.

(2)    Licensees and employees must have in their possession a current health card, not more than one year old, indicating results of a tuberculosis test.

(3)    Walls, ceilings and floors shall be constructed of durable materials which may be easily cleaned, suitably decorated and maintained reasonably sanitary at all times.

(4)    Toilets shall be provided for each sex within the confines of the premises where liquor is sold, the location of the facility to be approved by the inspection services division.

(5)    In each toilet room an electric light shall be in operation to provide a minimum level of illumination of ten footcandles at a central point 30 inches above the floor. Such room shall be mechanically ventilated directly to the outside air in order that each toilet room shall be provided with no less than eight air changes per hour, and that provision for tempered replacement air must be provided.

(6)    A minimum number of toilet facilities (stools, lavatories, urinals) shall be installed for each sex and, based on established occupancy level, shall be in conformance with the following schedule:






Occupancy Rate



















































a.    Water closets: Provide one water closet for each 120 occupants or fraction thereof in excess of 480 persons.

b.    Lavatories: Provide one lavatory for each 120 occupants or fraction thereof in excess of 480 persons.

c.    Urinals: Provide one urinal for each 60 occupants or fraction thereof in excess of 480 persons.

(7)    An adequate supply of soap, waste receptacles, single service towels or mechanical drying devices and toilet paper must be provided.

(8)    Running water of suitable quality for drinking purposes must be maintained by each licensee, as well as running hot water of a temperature of not less than 110 degrees Fahrenheit, to all sinks and lavatories.

(9)    Adequate ventilation by mechanical means, during normal business hours, shall be provided in accordance with the provisions of section 22-311 et seq. of this Code.

(10)    Drains for all bar facilities, sinks, ice storage bins and refrigerators shall drain directly to waste receiver.

(11)    Adequate and effective control of flies and insects shall be provided.

(12)    All bars, tables, counters, coolers, sinks, bartop rods, refrigerators, walk-in boxes, fixtures or equipment, and all basement rooms or other places where used to store or serve food or beverages, shall be kept in a clean and sanitary manner at all times. All toilet rooms and facilities shall be kept reasonably clean and sanitary at all times, and shall meet with the approval of the division of environmental health, county health department.

(13)    All beer coils, lines and tubes shall be kept in sanitary condition. No beer shall be drawn through tubes with rubber inner linings. All air for intakes on pressure pumps used in drawing beer shall be from clean sources.

(14)    All licensed establishments shall be equipped with two tanks and one power spray or three tanks with suitable drain boards in accordance with the county department of health rules and regulations relating to food establishments. The equipment shall be adequately illuminated for effective glass washing and sanitizing. Clean hot water of not less than 110 degrees Fahrenheit shall be provided as well as cold water.

(15)    Multiuse items shall be so treated before each use that each item is physically clean (no film or foreign material), chemically free from sanitizing solution and bacteriologically safe (bacteria count less than 100 per unit as determined by standard plate count).

(Code 1985, § 4-19)

10-76 Maintenance of licensed premises.

The external conditions in and about the premises of an establishment licensed under this division shall be so maintained to provide that:

(1)    The external premises shall be maintained reasonably free from litter, bottles, debris and weeds at all times.

(2)    The disposition of refuse, garbage or waste material shall be only by approved methods. No open burning for any purpose will be permitted.

(3)    The exterior conditions shall be so maintained at all times so as to discourage and prevent infestation by vermin, rodents and insects.

(Code 1985, § 4-20)

10-77 Hours of operation.

(a)    No licensee under this division shall sell or serve any alcoholic liquors between the hours of 2:00 a.m. and 12:00 noon on any Sunday. With the exception of Sunday, no licensee shall sell or serve any alcoholic liquors between the hours of 2:00 a.m. and 7:00 a.m. on any other day.

(b)    Sales of alcoholic liquors may be made on Sunday after 12:00 noon by a licensee properly licensed for Sunday sales by the liquor control commission.

(Code 1985, § 4-21)

10-78 Prohibited activities.

(a)    No licensee under this division, his agent or employees shall engage in, or permit others to engage in, any illegal occupation or illegal act on the licensed premises.

(b)    No licensee under this division, his agent or employees shall refuse, fail or neglect to cooperate with any law enforcement officer in the performance of such officer’s duties to enforce the provisions of Act No. 8 of the Public Acts of Michigan of 1933 (Extra Session) (MCL 436.1 et seq.), as amended, and the rules and regulations promulgated under such act.

(c)    No licensee under this division, his agent or employees shall allow in or upon the licensed premises any disorderly conduct.

(d)    No licensee under this division, his agent or employees shall suffer or allow in or upon the licensed premises the annoying or molesting of patrons or employees by other employees or patrons, nor any accosting and/or soliciting for illegal purposes.

(e)    No licensee under this division shall permit any person engaged in the serving of food or alcoholic liquor in his establishment to eat, drink or mingle with the patrons.

(f)    No licensee under this division shall allow upon the licensed premises any gambling or gaming devices or paraphernalia of any nature, type or description, machines or apparatus, or gambling or gaming of any kind whatever, with the exception of state authorized lottery tickets.

(Code 1985, § 4-22)

10-79 Enforcement of division.

The licensee shall enforce the provisions of this division. The licensee shall be responsible for the conduct of patrons and employees and shall maintain order in his place of business at all times.

(Code 1985, § 4-25)

10-80 Limitations on dispensing liquors.

(a)    No licensee under this division shall give away any alcoholic liquor of any kind or description at any time in connection with his business except manufacturers for consumption on the premises only.

(b)    No licensee under this division shall sell any alcoholic liquor to any person in an intoxicated condition.

(c)    There shall be no drinking of alcoholic liquors back of the bar in any licensed establishment and no consumption of alcoholic liquors by employees while on duty.

(Code 1985, § 4-28)

10-81 Conformity with sign regulations.

All licensees under this division, including specially designated merchants, shall comply with the terms and provisions of ordinances regarding signs.

(Code 1985, § 4-29)

10-82 Equal opportunity requirement.

The licensee and employees of the licensed establishments shall not refuse to serve any person because of their religion, race, color or national origin. Licensees shall provide an equal opportunity for employment, without discrimination as to religion, race, color or national origin.

(Code 1985, § 4-31)

10-83—10-100 Reserved.


10-101 Application; contents.

(a)    Any person desiring to engage in the sale of alcoholic liquor by the glass in the city shall file an application in duplicate with the clerk, requesting the approval of the council for such license.

(b)    The application for a license under this division shall contain information regarding the applicant, a financial statement, a description of the establishment and any other information deemed advisable in order to assist in determining the desirability of the applicant and his establishment for such licensee.

(c)    A letter of agreement shall be completed by the applicant, signed, dated, witnessed and dated, and notarized to comply with the ordinances, rules, and regulations set forth in the Municipal Code of Pontiac, Michigan, including, but not limited to:

(1)    Private security guard as required.

(2)    Parking lot security-cameras, lighting.

(3)    Parking lot properly stripped/handicapped designation.

(4)    Posting of no loitering signs.

(5)    Fencing.

(6)    Privacy wall.

(7)    Contained dumpster.

(8)    Proper landscape.

(9)    Training from Oakland County Environmental Health.

(10)    Training from Pontiac Police Department-Vice Section.

(11)    “Single-sales” of cigarettes not allowed.

(12)    Repackaging or “single-sales” of ice/cups not allowed.

(13)    No pornographic material displayed; must be covered behind counter.

(Code 1985, § 4-13; Ord. No. 2148, § 1, 10-10-02)

10-102 Investigation and inspection.

The clerk, after receiving an application for a license under this division, shall refer it to the police department, the division of inspection service and the fire department for their review, investigation and inspection. The departments shall investigate the personal history of the applicant, in the case of the police department, and the proposed location and facilities, in the case of the other departments, and shall report their findings and recommendations to the clerk.

(Code 1985, § 4-14)

10-103 Issuance; conditions.

(a)    The council shall consider and may disapprove the issuance of any license under this division upon finding that one or more of the following exists:

(1)    That existing alcoholic liquor establishments are in close proximity to the location proposed in the application;

(2)    That the location proposed in the application is in close proximity to manufacturing plants and to other establishments employing a large number of persons;

(3)    That residential uses or other uses will be detrimentally affected by a licensed establishment;

(4)    That adequate off-street parking facilities are not available;

(5)    That the location proposed is not in compliance with the requirements of this division, all other codes and ordinances of the city, and state law regarding buildings and premises to which the public is invited;

(6)    That the financial resources evidenced of the applicant are inadequate; or

(7)    That the capability of the applicant to operate an establishment in accordance with the requirements of this chapter and state law is lacking.

(b)    After receiving the reports from the departments designated in section 10-102, the clerk shall present the application to the council for its consideration. If it is approved, the clerk shall furnish the applicant a certificate of approval. The applicant shall forward the certificate to the state liquor control commission with his request for an application for a license to sell alcoholic liquors by the glass.

(Code 1985, § 4-15)

10-104 Inspections required.

Prior to the issuance of any license under this division, the premises shall be inspected by the chief of police and chief of the fire department, the administrator of inspection services division, or their authorized agents. Such place of business shall be approved by each of these departments or divisions and shall comply with all the laws of the state and ordinances of the city relative to health and safety.

(Code 1985, § 4-23)

10-105 Partitioning of licensed premises, when required.

(a)    No license shall be approved for the sale of alcoholic liquors in any building, a part of which is used as a dwelling or lodginghouse, unless the part of the building to be used for the sale of alcoholic liquors is separated by solid partitions of floors with no doors, windows or openings therein, from the part of the building which is being or may be used for dwelling or lodging purposes.

(b)    If any way of access from the residential portion of the building to the portion used for the sale of alcoholic liquor is opened after the license is granted, the license shall be subject to revocation.

(Code 1985, § 4-26)

10-106 Compliance with zoning ordinance.

No license for the sale of alcoholic liquor shall be granted for an establishment unless permitted by the existing zoning ordinance.

(Code 1985, § 4-27)

10-107 Revocation of alcoholic liquors license; procedure.

(a)    Failure to comply with any of the provisions of this division, the Municipal Code of Pontiac, Michigan, the laws of the state and/or the rules and regulations of the state liquor control commission and the county department of environmental health rules and regulations for food establishments is a violation and shall be sufficient cause for recommendation by the council to the liquor control commission that the license granted for the sale of alcoholic liquors, whether for on-premise or off-premises consumption, be revoked, suspended, or not renewed.

(b)    In the event of a recommendation for license revocation, the licensee shall be entitled to a hearing before the council, if such hearing is demanded by him/her in writing and presented to the clerk within ten days of the date of such recommended revocation.

(c)    The hearing under this section shall be started at the following regular meeting of the council after the appeal of the licensee is received. The council, after hearing both sides of the questions, shall act as sole judge to whether or not the recommended revocation shall stand.

(Code 1985, § 4-30; Ord. No. 2148, § 1, 10-10-02)

State law referenceRevocation of license, MCL 436.17.

10-108—10-130 Reserved.