• Will Detroit casinos be given special licenses to sell alcohol all night and give away free drinks?
• What are the age requirements for employees who sell and serve alcohol?
• What alcohol products must be bagged when they are sold?
• What is the return policy on liquor products?
• Must minors be out of my bar/restaurant by 9pm?
• Does someone need, or can they get, a temporary liquor license for a private affair at a banquet hall?
• Do local law enforcement officers have the right to conduct a search of my establishment?
• I thought gambling devices were prohibited in licensed establishments so how do the casinos operate and sell alcohol and why does the bar down the street offer Keno?
• Are patrons allowed to bring their own alcoholic beverages onto Licensed premises?
• What constitutes a valid identification when I make a sale of alcoholic liquor?
• What do I do if a minor tries to purchase alcohol?
• Can a licensee give away alcoholic beverages in conjuction with a promotion?
• Can a gift basket store include alcoholic beverages in their merchandise?
• If a licensed establishment were to cease business operations, when would the license need to be escrowed and how long may it remain in escrow?
• As a licensee, can I allow my friends to remain on the premises after the legal hour if no alcohol is served?
• Does an arrest record prevent someone from applying for a liquor license?

Will Detroit casinos be given special licenses to sell alcohol all night and give away free drinks?

No. The new casinos will be subject to all Michigan Liquor Codes and Administrative Rules in the exact same way as other Class C and B-Hotel liquor license holders.

What are the age requirements for employees who sell and serve alcohol?

R436.1009, Rule 9 (2) of the Administrative Rules states "A licensee shall not allow any person who is less than 18 years of age to sell or serve alcoholic liquor."

What alcohol products must be bagged when they are sold?

There are no Michigan Laws or Administrative Rules regarding products being bagged. The habit of bagging most likely stems from sellers wanting to contain the glass shards if a bottle was dropped and broken.

What is the return policy on liquor products?

 Administrative Rule 436.1531 states that an off-premises licensee may accept from a customer, for a cash refund or exchange, an alcoholic liquor product purchased by the customer from the off-premises licensee if the product is demonstrably spoiled or contaminated or the container damaged to the extent that the contents would likely be of an unsanitary nature or unfit for consumption and if the returned product is not resold and is removed from the licensed premises as soon as practicable, but not more than 14 days after its return.

Must minors be out of my bar/restaurant by 9pm?

Not necessarily, MCL 750.141, Section 141 of the Michigan Penal code states that a minor child under 17 years of age shall not be permitted to remain in a dance hall, saloon, barroom or any place where spiritous or intoxicating liquor, wine or beer ...is sold unless accompanied by a parent or guardian. The section does not prevent the township, city or village from establishing more stringent regulations. Also, some establishments have made it their own policy to ask minors to leave in the late evening however it is not a rule of the Michigan Liquor Control Commission.

Does someone need, or can they get, a temporary liquor license for a private affair at a banquet hall?

The only type of temporary licenses available are for bona fide non-profit organizations such as Veterans of Foreign Wars, Knights of Columbus, etc. Normally, if someone is having a function at a banquet hall such as a wedding reception and the host and/or guests are supplying the food and alcoholic beverages and there are no charges of any kind including any entry fee or donation, no type of liquor license is available or required. However, it is recommended that those who contemplate such an activity contact the local law enforcement agency or prosecutor's office for any additional information, since they have jurisdiction in such matters.

Do local law enforcement officers have the right to conduct a search of my establishment?

MCL 436.1217, Section 217 (2) of the Michigan Liquor Control Code states " A licensee shall make the licensed premises available for inspection and search by a commission investigator or law enforcement officer empowered to enforce the commission's rules and this act during regular business hours or when the licensed premises are occupied by the licensee or a clerk, servant, agent, or employee of the licensee. Evidence of a violation of this act or rules promulgated under this act dicovered under this subsection may be seized and used in an administrative or court proceeding."

I thought gambling devices were prohibited in licensed establishments so how do the casinos operate and sell alcohol and why does the bar down the street offer Keno?

Rule 436.1013 prohibits unlawful gambling on MLCC licensed premises but legitimate gambling as licensed by the Michigan Bureau of State Lottery (1-800-592-4040) or via the Michigan Gaming Control Board (1-517-241-0040, Lansing or 1-313-456-4100, Detroit office)is acceptable.

Are patrons allowed to bring their own alcoholic beverages onto Licensed premises?

Usually, no. R436.1033, Rule 33 of the Administrative Rules state that a retail licensee of the commission can have in his or her establishment only those alcoholic beverages that have been purchased by the retail licensee from an authorized wholesale distributor. This effectively eliminates patrons from bringing onto premises their own beer, wine or spirits. There is an exception to this rule which allows hotel guests to bring in their own alcoholic beverages to the bedrooms or suites of a licensed hotel for consumption in these areas.

What constitutes a valid identification when I make a sale of alcoholic liquor?

The law assumes that someone making the sale of alcoholic beverages to a customer will make a "diligent inquiry" as to that persons age. MCL 436.1701, Section 701 (10) (b) of the Michigan Liquor Control Code states "Diligent inquiry means a diligent good faith effort to determine the age of the person, which includes at least an examination of an official Michigan operator's or chauffeur's license, an official Michigan personal identification card, a military identification card, or any other bona fide picture identification which establishes the identity and age of the person." It should be emphasized that the ultimate responsibility rests with the seller. If you are not convinced that the buyer is 21 or over, do not make the sale.

As above, if you are not convinced that the buyer is 21 or over, do not make the sale. Call the police and give the officer the person's ID. The police may prosecute the person for attempting to buy alcohol when under the legal age.

Can a licensee give away alcoholic beverages in conjuction with a promotion?

 MCL 436.2025, Section 1025 (1) of the Michigan Liquor Control Code states " A vendor shall not give away any alcoholic liquor of any kind or description at any time in connection with his or her business, except manufacturers for consumption on the premises only."  

Can a gift basket store include alcoholic beverages in their merchandise?

 Generally, such enterprises are not eligible to obtain a license for the sale of alcohol since they do not meet the definition of an approved type of business under the Liquor Control Code. An of-age customer could however purchase the product and ask the basket business owner to include it in the basket if he or she signed a waiver stating that the recipient of the gift was over the age of 21 and that the product would not be consumed by any minors. Because of the potential liability in these situations, the Commission suggests adding a sparkling cider or other non-alcoholic beverage to the gift basket.

If a licensed establishment were to cease business operations, when would the license need to be escrowed and how long may it remain in escrow?

 R436.1047 Rule 47 of the Administrative Rules states "A licensee who ceases active operation of the licensed business for a period of more than 30 days shall return all current licenses and permits to the commission." R436.1107 Rule 7 (2) states "A licensee shall have only 5 years after the expiration of the license to put the license into active operation. If the licensee fails to put the license into active operation within 5 years, then all rights to the license shall terminate unless the commission has received written verification of extenuating circumstances that fall within the outlines of Rule 1107. Escrowed licenses must be renewed each year in the same manner as an active license, including all license fees."

As a licensee, can I allow my friends to remain on the premises after the legal hour if no alcohol is served?

 No. R436.1403 Rule 3 (2) of the Administrative Rules states " Between the hours of 2:30 am and 12 noon on Sunday, or from 2:30 am and 7 am on any other day, an on-premise licensee shall not allow the licensed premises to be occupied by anyone except the on-premise licensee, the bona fide employees of the on premise licensee who are working, or bona fide contractors and employees thereof who are working ..." There are certain circumstances where a licensee may be granted a specific purpose permit to remain open beyond the legal hour for such things as the sale of food.

Does an arrest record prevent someone from applying for a liquor license?

 A prior arrest record is not an automatic bar to obtaining a license. When applying for a license an individual should truthfully disclose all prior arrest and conviction information on the application forms. The individual will also be asked to divulge this information to an investigator from the commission. Each application is reviewed on a case by case basis by the commission. The seriousness of the offenses committed, ones that involve the misuse of alcohol and the total record of the applicant are some of the things that the commission will take under consideration when making a determination as to suitability for licensure.