On Oсtober 7, 1974, this Court granted a petition for rehearing of this case pursuant to petitions for rehearing filed by all parties in this controversy. On its own motion, this Court requested thаt the parties file supplemental briefs on the following two issues only:
1. Whether § 5-4-5 of the Detroit City Code pro *263 vides sufficient standards to uphold the revocation of a license; and
2. Whether § 5-4-7.4 of the Detroit City Code bears a reasonable relationship to the police power granted to municipalities?
This Court, after an extensive review of our prior dеcision, deems it necessary to address only the first issue. We reaffirm our original opinion cited in
I. Does § 5-4-5 of the Detroit City Code provide sufficient standards to uphold the revocation of a license?
Section 5-4-5 of the Code of the City of Detroit, as amended November 2, 1972, provides:
"The mayor may refuse to issue a license for the operation of any business regulated by this article and may revoke any license already issued upon proof submitted to him of the violation by any applicant, or a licensee, his agent or employee within the preceding two years of any criminal statute of the state or of any ordinance of this сity regulating, controlling or in any way relating to the construction, use or operation of any of the establishments included in this article, which evidences a flagrant disregard for the safety or welfare of either the employees, patrons or persons residing or doing business nearby.”
In our original opinion, we affirmed the trial court’s conclusion that this ordinance, as written, which refers merely to a "violation”, was not a reasonable exercise of the police power. We held that the trial court properly ruled that a more definite standard was required in order to uphold the ordinance and affirmed his modification of the ordinancе to require a showing of an arrest and conviction before a license could be revoked. Subsequent reflection convinces us that the ordinance, *264 as written, is a reasonable exercise of the police power, and the standards provided for determining whether or not a license should be issued or revоked do not violate the constitutional requirements of due process contained in either the United States or Michigan Constitutions.
There is no dispute that the revocation of the license must comply with procedural due process. Unless the right is waived, the licensee is at least entitled to:
"(1) Notice of a time and place of hearing.
"(2) A hearing before a properly authorized body.
"(3) A reasonably definite statement of the charge or charges preferred against the accused.
"(4) The right to cross-examine the witnesses who testify against him.
"(5) The right to produce witnesses in his own behalf.
"(6) A full consideration and a fair dеtermination according to the evidence of the controversy by the body before whom the hearing is had. Hanson v State Board of Registration in Medicine,253 Mich 601 , 607;236 NW 225 (1931).” Napuche v Liquor Control Commission,336 Mich 398 , 403-404;58 NW2d 118 (1953).
The appellees candidly admit that, even though thеre is no express provision for procedural due process in the ordinance, the requirements of reasonable notice and opportunity to be heard must be implied.
Rydd v State Board of Health, 202
Kan 721;
The trial court erred in failing to recognize the distinction between the requirement of shоwing a "conviction” and showing a "violation” as a cause for revoking a license. This distinction is discussed *265 in 48 CJS, Intoxicating Liquors, § 175, pp 285-286, as follows:
"If the statute directs the revocation of the license on 'conviction’ of such an offense, there must first have been a final judgment, conclusively establishing guilt, rendered by a court of competent jurisdiction; but, when the cause of revocation is specified as a 'violation’ of the laws, the licensing authorities may act on other evidence thаn a judgment of conviction, and the license may be revoked, even though the licensee has been acquitted of a criminal charge for the same violation as is made the basis of the revocation.”
The distinction between proof of a violation of an ordinance as a basis for the revocation оf a license, as opposed to proof of a conviction for violation of an ordinance, has long been recognized in Michigan.
People v Riksen,
In Riksen, supra, the Court uphеld an ordinance which required hawkers and peddlers to be licensed; the ordinance provided that the mayor may suspend a license for violation of а city ordinance, violation of the terms of the license, or for *266 undesirable business practices. The Court held that the ordinance did not give the mayor an arbitrary power to suspend a license, since the ordinance provided a standard for his guidance and bounds within which his discretion may be exercised.
In
Eastwood Park Amusement Co v Mayor of East Detroit,
Contrary to the standard of "good and satisfactory reasons” in the Eastwood case, the standard of "proof of violation” of an ordinance does not vest the mayor, acting on a petition for revocation, with arbitrary power. "Proof of violation” provides a definite standard and adequately protects the rights of the licensee. Under this standard, a licensee can be given a definite statement of the *267 charge or charges preferred against him. Since the licensee knows that he is charged with a violation of a particular ordinance, he can intelligently exercise his right to cross-examine the witnesses who testify against him and can produce witnesses in his own behalf. As stated in Riksen, supra, p 290:
"Under this ordinance the mayor may suspend a license for violation of a city ordinance, * * * . A' fair construction of this section of the ordinance indicatеs that the mayor may not arbitrarily suspend a license. The ordinance directs a standard for his guidance and conditions under which suspension may be accomрlished. The only discretion the mayor has under the terms of this ordinance is to determine whether there has been a violation of the ordinance for any of the reasons mentioned. In Hughes v City of Detroit,217 Mich 567 ;187 NW 530 (1922), we said:
" 'A capricious abuse of that discretion, as tested by the standards so set, would be subject to review.’ ”
Section 5-4-5 of the Detroit City Code provides sufficient standards to uphold the revocation of a license; therefore, the trial court erred by ruling that a more definite standard was required in order to uphоld the ordinance.
Affirmed in part, reversed in part. No costs, a public question being involved.
Notes
Such a distinction has been made in the Liquor Control Act (MCLA 436.20; MSA 18.991), wherein the Liquor Contrоl Commission has the power to suspend or revoke any license upon a showing of a violation of any of the provisions of the Liquor Control Act or any of thе rules and regulations adopted by the commission under the act. The statute authorizes civil or criminal action, and clearly provides that an acquittal or conviction shall not prevent the suspension or revocation of licenses.
Shinavier v Liquor Control Commission,