Information on Changes to Conditional Licenses

Pursuant to the enactment of Public Act 315 of 2016 (Senate Bill 981) and Public Act 434 of 2016 (Senate Bill 929), the following changes to conditional licenses are effective January 4, 2017:

  • Conditional licenses for ownership and location transfers of retailer licenses are now allowed, except for Specially Designated Distributor (SDD) licenses.  The applicant must attest on a Church or School Proximity Affidavit that the proposed location is not within 500 feet of a church or school using the method of measurement provided in MCL 436.1503 (see below for more details).
  • Conditional licenses are for retailer licenses only.
  • Transfers of interest under a conditional license are no longer allowed.
  • The Commission may exclude permits or permissions from the conditional license for which an applicant may not qualify or for which the applicant has requested to cancel on the permanent license.
  • The 20-day expiration of a conditional license upon mailing of the order for the permanent license is removed.  The conditional license will not expire until the issuance of the permanent license, unless the year expiration date is reached first.
  • For license types which require server training the 180-day clock starts upon issuance of the conditional license regardless of whether the conditional license is being used actively or not by the applicant.

In addition to a completed Retail License Permit Application (LCC-100), applicants for a conditional license to transfer ownership and location must submit the Conditional License Application - Ownership & Location Transfer (LCC-103a), which contains the Church or School Proximity Affidavit.  You may read more details on the requirements for conditional licenses in the conditional license information sheet on the Retail Licensing frequently asked questions webpage.

 

Churches & Schools

Pursuant to MCL 436.1525(6), as amended under Public Act 315 of 2016 and Public Act 434 of 2016, an applicant seeking a conditional license in conjunction with the transfer of ownership and location of an existing retailer license must attest on a Church or School Proximity Affidavit that the proposed location for the license is not within 500 feet of a church or school.  The method of measurement for determining the proximity to a church or school shall be the method of measurement required under MCL 436.1503. This method of measurement will be described on the Church or School Proximity Affidavit that will be contained in the new Conditional License Application – Ownership & Location Transfer (LCC-103a).

Pursuant to MCL 436.1525(7), as amended under Public Act 315 of 2016 and Public Act 434 of 2016, if the Commission determines that a conditional license has been issued in conjunction with a request to transfer ownership and location at a new location that is within 500 feet of a church or school, the Commission shall suspend the conditional license and notify the church or school of the proposed location under the administrative rules.  The State of Michigan is not liable for the issuance of a conditional license based on a Church or School Proximity Affidavit that contains incorrect information about the proximity to a church or school.



Related Documents
Conditional License Information PDF icon
Conditional License Application - Ownership & Location Transfer (LCC-103a) PDF icon