Township rescinds Legacy liquor license approval

More than four centuries ago, the great English playwright William Shakespeare posed the question, “What’s in a name?”

Apparently, the answer is ‘a lot’ if you’re seeking a liquor licence.

In a 7-0 vote, the Oxford Township Board last week passed a resolution rescinding the approval it granted Nov. 8 for a new Class C liquor license for a restaurant/bar to be located inside the 208,000-square-foot Legacy Center (which recently changed its name to Legacy 925), located at 925 N. Lapeer Rd. and owned by Christian Mills.

The township’s approval was technically a recommendation to the Michigan Liquor Control Commission (MLCC), which has the final say over whether or not the license is granted.

The reason for the rescission was twofold.

One had to do with the name. Two different names for the restaurant/bar were submitted to the township and to the state. One contained the word ‘Lapeer’ while the other did not.

Gary Rentrop, township attorney, called this a “fundamental problem.”

All of the forms and documents submitted to the township in late September by the applicants, Mills and Orion Twp. resident Mike Linc, clearly and repeatedly listed the name of the business as 925 Legacy Entertainment, LLC.

However, the application submitted to the MLCC in July listed the name of the business as 925 Lapeer Legacy Entertainment, LLC.

“Essentially what happened was you’ve approved a license for a nonexistent entity,” Rentrop told the board.

In a Dec. 7 e-mail to Rentrop, Phillip Maxwell, the Oxford attorney who’s representing the applicants, explained that “unbeknownst” to him, Mills’ administrative assistant filed the application with the township, “misnaming the entity multiple times.”

“So, the fault is all on our side,” Maxwell wrote.

The other reason the board voted to rescind its approval was because there was a significant difference between what the applicants asked for in their submission to the state and what they proposed to the township.

According to the rescission resolution, the paperwork Mills filed with the MLCC in July contained applications for “ancillary permits for activities that would violate the terms of (the) operating plan” submitted to the township as part of the application.

These permit applications were for Sunday sales AM and PM, outdoor service, dance, entertainment and “extended hours” for both dance and entertainment.

The township didn’t learn about these pending permit applications until it received a Nov. 22 notice from the MLCC. None of these things were mentioned in the operating plan given to the township, with the exception of being open on Sundays from 11 a.m. to 8 p.m., which would require Sunday sales permits.

“The applicant failed to disclose to the (township) board any of these ancillary permit applications to the MLCC,” the resolution stated.

In the operating plan, it was stated that “925 Legacy Entertainment understands that it must operate in accordance with this operating plan” and if the plan “changes,” the entity “will notify the township to seek approval.”

The Nov. 22 MLCC notice also informed the township of the applicants’ plan to have “two bars” on the premises. The township was only aware of one bar.

In light of the rescission, Mills and Linc must file a new application with the township.

“You will have to have another public hearing under your ordinance and start the process all over (again), basically,” Rentrop told the board.

In order to expedite things, the board voted 4-3 to schedule a public hearing for the 7 p.m. Wednesday, Jan. 10 meeting.

Voting in favor of holding the hearing were Supervisor Bill Dunn, Clerk Curtis Wright and trustees Margaret Payne and Jack Curtis.

Voting against it were Treasurer Joe Ferrari and trustees Elgin Nichols and Patti Durr.

Between now and the hearing date, Dunn and others are expected to meet with Mills to discuss the items the township wants him to address and incorporate as part of his operating plan based on a “punchlist” written by Rentrop.

“I’d rather have it all discussed and okayed before the next meeting rather than go back and forth,” Dunn said.

This punchlist was created based on concerns expressed by officials. Here’s some of what’s included:

• “Operating agreement to be included with (the) application now must address what the applicant will not do, and (the) applicant must agree not to apply to (the) MLCC for the permits/approvals” mentioned earlier in this story “unless and until (the) applicant obtains approval in advance from the township board.” The applicant “will withdraw its existing requests, if any, for such permits/approvals.”

• “One bar inside only – no second bar. No other liquor license may be requested by or transferred to any other entity in any other location within (Legacy 925).”

• “No outdoor restaurant seating . . . or outdoor alcohol service. Any proposed placement of any tables or seating outside in the future will require review and approval in advance from the township board after review by the planning commission.”

• “No dance or entertainment permits, no specific purpose permits, no topless activity permits.”

• “No banquets.” (Mills filed a banquet facility permit application with the MLCC.)

• “Hours of operation must remain as in (the) original operating plan. No extended hours.” In the original plan, the hours were listed as Monday through Thursday from 11 a.m. to 10 p.m.; Friday and Saturday from 11 a.m. to midnight; and Sunday from 11 a.m. to 8 p.m.

• The operating plan “should address how (the) applicant will minimize noise at any property line adjacent to residential property and how it will address any noise complaints from its operation as a restaurant/bar, including any noise from patrons in the parking area as they arrive and leave the premises.”

Rentrop explained to the board it’s important to include such things in the operating plan now, so that should ownership of the liquor license and business change hands in the future, it’s all spelled out in black and white what is and is not allowed at that site.

“The operating agreement is quite controlling . . . Unless you’ve got a defined scope of what the operation is, that new applicant can go off and do what they want to do,” he said.

 

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