Land Shark owner seeks to regularize alcohol service occupancy; council asks city attorney for written opinion

The East Lansing City Council heard a public hearing July 15 on a request from Joe David to approve a special use permit for 101 East Grand River Ave., known as the Land Shark, to expand its bar and dining area and to formalize an alcohol-service occupancy level.

The request stems from renovations the Land Shark underwent in 2022. Planning staff reported that prior reviewers and the fire marshal had previously determined an occupancy higher than the business’ recorded special-use authorization, and that the applicant is now seeking to align the special-use permit for alcohol service with the occupancy the building code and fire review support.

Planning staff said the restaurant/bar had been operating under building-department occupancy determinations (270) and the applicant requested an alcohol-service occupancy of 240 to match current building-code standards; the Planning Commission required an upgraded main entrance door as a condition.

Several residents and business advocates spoke in favor of the Land Shark during the hearing. Don Cooper, a homeowner in East Lansing, said he supports the business and its investments in downtown vibrancy. Applicant Joe David told council he found out he hadn’t obtained a special-use permit and said, “I have to rectify that. I want to do the right thing.”

Council members raised legal and procedural questions about which authority sets and enforces occupancy limits when alcohol service is involved. Council sought clarity about the interplay among building-code determinations, fire marshal findings and council authority for special-use permits authorizing alcohol service.

City Attorney Steven Joepich advised the council that there are building- and fire-code elements administered by building officials and the fire marshal, but he did not provide an immediate written opinion about whether council also has authority to set alcohol-related occupancy limits for a special-use approval.

After discussion, council opened and heard public comment but did not vote on the Land Shark application that night. Instead council asked the city attorney to prepare a written opinion for council review before the council’s next meeting. The public hearing was closed.

The application will return to council after the city attorney provides the requested guidance; no final action on the special-use permit or an alcohol-service occupancy was recorded July 15.