Title
Resolution to Withdraw Objection to Renewal of Class C Liquor License and Permits Held by The Arena, Inc. (Business I.D. No 140967) and Approve the Application tor Renewal for the 2016-2017 License Year
Memorandum
The attached resolution requests withdrawal of the City’s objections to renewal of the Class C liquor license and permits currently held by The Arena, Inc.
Liquor licenses issued by the State of Michigan expire April 30th each year as established by Michigan law (MCL 436.1502(2). On-premise liquor licenses require approval by the local legislative body before renewal of an existing license if an objection to renewal has been filed with the Michigan Liquor Control Commission by the local legislative body at least 30 days before April 30th of that year.
On March 21, 2016, City Council accepted and adopted the Findings and Recommendations of the City’s Liquor License Hearing Officer, Council member Lumm, recommending Objection to Renewal of The Arena, Inc’s liquor license and permits for failure to timely pay its 2014 personal property taxes. The City’s Objection to Renewal was sent to the Michigan Liquor Control Commission on March 24, 2016. A Show Cause Hearing before the Michigan Liquor Control Commission on City Council’s Objection to Renewal is scheduled for April 22, 2016.
On April 18, 2016 The Arena, LLC presented the City Treasurer with payment of its outstanding personal property taxes.
There was no other basis for objection to renewal of The Arena, Inc.’s liquor license and permits for the 2016-2017 license year. Withdrawal of the Objection to renewal of the Class C liquor license and permits held by The Arena for the 2016-2017 license year is recommended.
Staff
Prepared by: Mary Joan Fales, Senior Assistant City Attorney
Sponsored by: Liquor License Hearing Officer Lumm and Council Liquor License Review Committee
Body
Whereas, After a due process hearing before the designated Liquor License Hearing Officer for the City of Ann Arbor, Findings and Recommendations were presented to, accepted and adopted by City Council requesting non-renewal of the Class C liquor license and permits held by The Arena, Inc. (d/b/a The Arena) (Business ID. No. 140967) for failure to timely pay personal property taxes due and payable to the City in accordance with Section 9:79(b) of the Ann Arbor City Code;
Whereas, As authorized by City Council, the City has submitted its Objection to Renewal of The Arena, Inc.’s license for the 2016-2017 License Year on the grounds stated to the Michigan Liquor Control Commission, which request is pending, which matter has been scheduled by the Commission for a Show Cause Hearing on Friday, April 22, 2016, as required by the Commission’s administrative rule R 436.1925(1) and MCL 436.1501(2);
Whereas, On April 18, 2016, The Arena, Inc. presented to the City Treasurer payment of funds which now fully satisfy it’s the outstanding amount of personal property taxes obligation; and
Whereas, The Liquor License Hearing Officer’s Findings and Recommendations presented to and adopted by City Council included no other grounds for objection to renewal;
RESOLVED, That City Council, being fully advised in the matter, hereby withdraw all objections to renewal of the Class C Liquor License and Permits held by The Arena, Inc. (d/b/a The Arena) (Business ID. No. 140967) for the reason stated above and approve the application for renewal by The Arena, Inc. (d/b/a The Arena) (Business ID. No. 140967) for the 2016-2017 License Year; and
RESOLVED, The City Council direct the City Attorney to file with the Michigan Liquor Control Commission the necessary documentation, including a certified copy of this Resolution by the City Clerk, to withdraw its objection to renewal and allow renewal of the liquor license to proceed in accordance with the rules and regulations of and subject to approval by the Michigan Liquor Control Commission.