|
The Michigan
Liquor Control Commission (MLCC) exercises complete control of the
alcoholic beverage traffic in Michigan.
The MLCC Licensing Division is responsible for processing retail, wholesale and
manufacturing license applications and issuing those licenses approved by the
MLCC Commissioners. The MLCC Licensing Division is also responsible for
processing the subsequent renewals of the retail, wholesale, and manufacturing
licenses.
The MLCC
Commissioners are appointed by the Governor, with the advice and consent of the
Michigan Senate. Of the five members, no more than three can be of the same
political party. The Commissioners' terms of office are for four years with
rotating expiration dates. Two of the Commissioners (one Democrat and one
Republican) serve as Hearing Commissioners and conduct hearings on violations
of the Michigan Liquor Control Code of 1998 (Code) and Administrative Rules of
the MLCC (Rules). The remaining three Commissioners are designated as the
Administrative Commissioners and are responsible for administering the
provisions of the Code and Rules in the areas of licensing, enforcement, purchasing,
merchandising, and distribution.
New! Renewals
for these tasks are accessible through the Michigan Business One Stop portal.
A. NAME OF LICENSE
OR APPROVAL:
Class C License
B. STATUTORY
AUTHORITY:
Constitution of
Michigan of 1963 (Excerpt)
Michigan Liquor
Control Code of 1998, Public Act 58 of 1998, as amended
C. APPLICABLE
REGULATION:
Michigan
Administrative Code Implemented by the Michigan Liquor Control Commission
General Rules R
436.1001 - 436.1063)
Licensing
Qualifications, (R 436.1101 - 436.1151)
On-Premises Licenses
(R 436.1401 - 436.1438)
Hearings and Appeals
Practice Rules (R 436.1901 - 436.1935)
Church or School
Hearings (R 436.1951 - 436.1953
Financial
Responsibility (R 436.2001 - 436.2021)
D. SUMMARY OF LICENSE/APPROVAL PROCESS:
1.
Applicability (activities that require the license)
The definition of a
Class C license is a place licensed in Michigan
to sell at retail beer, wine, mixed spirit drink, and spirits for consumption
on the licensed premises only. The types of businesses that generally have
Class C licenses are restaurants, bars, or lounges.
2.
Pre-Application Requirements
Class C licenses are
established under a quota for on premises consumption of alcoholic beverages of
1 public license for each 1,500 of population or major fraction in each city,
village, and township (local governmental unit) in Michigan.
The first step is to determine if an on premises license is available under the
quota in the city, village, or township where the premise to be licensed is
located. Check the Report from this link to the MLCC web site.
This report also
indicates whether the sale of mixed spirit drink and spirits have been
legalized in the city, village, or township where the establishment to be
licensed is located. If the Type column on the far right hand side of
the report indicates "Dry", then the sale of mixed spirit drink and
spirits is not permitted in that city, village, or township. Please see
Tavern license for further information on the type of an on premises
consumption license that may be issued in that city, village, or township. If
the Type column on the far right hand side of the report indicates
"Legal", then the sale of mixed spirit drink and spirits is permitted
in that city, village, or township.
If the On Premise
Availability Report indicates that a quota license is available in the city,
village, or township where the premises to be licensed is located, then a
resolution of approval "above all others" must be obtained from the
city, village, or township board before an application for a Class C license
can be filed with the MLCC. This resolution should contain the following
information:
o
The type of meeting (Regular or Special) held by the
city, village, or township board.
o
The day, date and time of the meeting held by the city,
village, or township board.
o
The type of license (Class C) requested and the specific
address of the premises to be licensed.
o
The person (individual, partnership, corporation, limited
liability company, limited partnership) that will hold the license and operate
the licensed business.
o
The approval or disapproval of the city, village, or
township board and the number of Yeas, Nays, and Absent votes for the
resolution considered.
o
Certification of the resolution, signed by the city,
village, or township clerk and including the seal if the city, village, or
township has a seal.
If a Class C license
is obtained under the quota, it may not be transferred for three years after
issuance unless the licensee clearly and convincingly shows the MLCC that
unusual hardship will result if the transfer is not approved.
In the event there
are no licenses available under the quota in the city, village, or township
where the premises to be licensed is located, a Class C license may be obtained
through a transfer of ownership of an existing license (at the same
location) or a transfer of ownership and location of an existing
license. If the Class C license is in escrow the license may be transferred,
subject to local legislative body, local law enforcement, and MLCC approval, to
an establishment located in any city, village, or township within that county.
To determine if a transferable on premises license is in escrow with no pending
transfers, check the Active and
Escrowed License Lists by County or check the Active or Escrow License Query.
3.
Application Submission Requirements
Resolution of
approval "above all others" from the city, village, or township where
the establishment to be licensed is located for a Class C license which is
available under the on premises consumption quota for that city, village, or
township OR a Purchase Agreement, completely executed by both the Buyer
and the Seller, for an existing Class C license, business, fixtures, and
equipment.
Completed and
executed Application for New Licenses or Application of Buyers for Transfer of
Ownership or Interest in License (LC-687)
in the name of the applicant individual, applicant
corporation, applicant limited liability company, applicant general
partner, and/or applicant general partner of a limited partnership.
Completed and
executed Individual Stockholder, Limited Liability Member or Corporate
Stockholder Questionnaire (LC-621)
for each individual, corporation, and/or limited liability company that is a
stockholder of the applicant corporation or member of the applicant limited
liability company holding 10% or more interest in the applicant corporation or
applicant limited liability company.
Completed and
executed Limited Partners, Stockholders, or Members Statement (LC-38)
form for any individual, corporation, limited liability company, general
partner, or limited partner holding less than 10% interest in an applicant
corporation, applicant limited liability company or applicant limited
partnership.
Copy of filed
Articles of Incorporation for an applicant corporation
and filed Articles of Organization and Operating Agreement for an applicant
limited liability company and any amendments. If the corporation or limited
liability is incorporated or organized outside the state of Michigan, a Certificate of Good Standing from
the state of incorporation and a copy of the filed Application for Certificate
of Authority to Transact Business or Conduct Affairs in Michigan
(form
BCS/CD-560) must be submitted.
Copy
of filed Certificate of Limited Partnership and copy of Limited Partnership
agreement for an applicant limited partnership. If the limited partnership is formed
outside the state of Michigan,
a copy of the filed Application for Certificate of Authority to Transact
Business in Michigan (form
BCS/CD-4110 must be submitted.
Copy
of Lease, Option to Lease, Purchase Agreement, or Warranty Deed for the
establishment to be licensed.
Inspection fees of
$70.00 for each new license type requested and/or each new license type being
transferred must be submitted. If you are applying for a Class C license and a
Specially Designated Merchant license the inspection fees would be $140.00. If
you are applying for a Class C license only the inspection fees would be
$70.00. Please make your check or money order payable to the STATE OF MICHIGAN.
4.
Procedures and Time-Frame for Obtaining Permit or Approval
The application is
submitted to the Michigan Liquor Control Commission, 7150 Harris Drive, PO Box 30005,
Lansing, Michigan 48909.
Upon receipt of the application, the MLCC Licensing Division reviews the
resolution of approval "above all others" for the Class C license
from the city, village, or township board together with the forms, filings, and
agreements for the applicant's specific type of business ownership, real estate
documents (copy of lease, option to lease, purchase agreement, land contract,
or warranty deed), and a non-refundable inspection fees of $70 for each license
requested. The application is generally reviewed within 5 business days from
when it was received. Based upon the review, the MLCC Licensing Division
forwards a Notice of Deficiency to the applicant indicating additional forms,
documents, and/or fees, if any, required to proceed
with the application. No further action is taken on the application until all
the required forms, documents, and fees are received in the MLCC Lansing
office.
Upon receipt of all
required forms, documents, and fees the MLCC Licensing Division authorizes the
application for investigation. The application file is generally authorized for
investigation within 5 to 7 business days after all the required forms,
documents, and fees are received. The application file is then forwarded to the
MLCC Enforcement Division District Office where it is assigned to an
Enforcement investigator. Upon receipt of the application file, the
investigator contacts the applicant and advises them of the documentation
necessary to be provided for review. The Enforcement investigator generally
contacts the applicant within 3 to 5 business days from the receipt of the
assigned application file. The Enforcement investigator also contacts the
current licensee if the application is to transfer ownership of an existing
Class C license and advises the current licensee of the documentation necessary
to be provided for review. When the applicant and the current licensee have gathered
the requested documentation, the Enforcement investigator is contacted to
schedule an appointment to conduct the investigation. The Enforcement
investigator also releases forms and fingerprint cards to the local law
enforcement agency and a resolution form to the local governing body. The local
law enforcement agency's investigation is independent of the MLCC
investigation. It is the responsibility of the applicant to follow-up with the
local law enforcement agency and the local governing body to ensure compliance
with all local requirements. The recommendations of the local law enforcement
agency and the local legislative body are forwarded to the Lansing
office of the MLCC by the respective agencies.
The investigation
conducted by the MLCC Enforcement investigator covers a variety of areas
including but not limited to business ownership structure; background of
individuals; projected cost of the project/transaction; source of finances,
including source of any money lender's finances; present ownership
verification; and physical inspection of the establishment, if the physical
premises is built and available for inspection. The MLCC Enforcement
investigator also determines if the proposed licensed establishment is located
within a church or school building.
If the MLCC
Enforcement investigator determines that the proposed licensed location of an
applicant is within 500 feet of a church or school building, a memorandum is
prepared by the investigator and forwarded to the MLCC Licensing Division. The
MLCC Enforcement investigator continues with the investigation.
Upon receipt of the
memorandum from the MLCC Enforcement investigator, the MLCC Licensing Division
notifies the clergyman of the church or the superintendent of the school, via
certified mail, of the pending application of the new license to sell alcoholic
liquor for consumption on the premises or the transfer of location of an
existing license to sell alcoholic liquor for consumption on the premises to
the new proposed location. If the church or school objects to the issuance or
transfer of location of the license, then the governing body of the church or
school, by resolution, shall file the specific written objections with the Lansing
office of the MLCC within 15 days of receipt of notification, unless additional
time is granted by the MLCC.
Upon completion of
the investigation, the MLCC Enforcement investigator will prepare and submit a
preliminary investigation report to the MLCC Enforcement supervisor for review.
Upon review and determination by the Enforcement supervisor that the
investigation report is complete, the application file is returned to the MLCC
Licensing Division in Lansing
for further processing.
Upon receipt of the
investigation report from the MLCC Enforcement Division, the Police
Investigation Report and fingerprint cards, if required, from the local law
enforcement agency, and the Resolution from the local legislative body, if
required, the completed application file is prepared for review and
consideration by the MLCC Administrative Commissioners at a regularly scheduled
Licensing Meeting. The MLCC Administrative Commissioners review the information
provided in the application files to determine whether the application should
be approved, denied, or held for further information. If the local legislative
body did not recommend approval of the application or an objection to the
application is received from a church or school located within 500 feet of the
proposed licensed location, the application must be denied by the MLCC Administrative
Commissioners. The MLCC Administrative Commissioners advise the Licensing
Division of their decision at the regularly scheduled Licensing Meeting.
The MLCC Licensing
Division then prepares an Order based upon the decision of the MLCC Administrative
Commissioners. The applicant is advised of the decisions of the MLCC
Administrative Commissioners as follows:
o
If approved a Fee Statement letter or Checklist is
prepared requesting the forms, documents and fees required to complete the application.
o
If denied a Notice of Denial together with the MLCC Order
advising of the basis of the denial and the right to an appeal hearing is sent
to the applicant.
The applicant, if
approved, then completes and returns all requested forms, documents and fees to
the MLCC Lansing office. This includes proceeding with plans to purchase or
lease property, complete the purchase of the existing Class C licensed
business, and/or complete any required inspections of the proposed licensed
establishment by the MLCC Enforcement Division, the local law enforcement
agency, and/or the local governmental body.
The applicant, if
denied, determines whether to request an appeal of the denial of the licensing
application. The request for a hearing must be received in the MLCC Lansing
office within 20 days from the date of the mailing of the decision of the
denial. Appeal hearings of licensing decisions are generally held in the MLCC
Lansing office on Tuesdays and in the MLCC Farmington office on Thursdays.
5.
Operational Requirements
The license must be
renewed each year by May 1. The license is effective May 1 through April 30.
The license is generally renewed upon application and payment of the renewal
fee, unless there is a hold on the renewal of the license for violations,
objection to renewal by the Michigan Department of Treasury, objection to
renewal by the city, village, or township where the licensed premises is
located, dissolution of the licensed corporation, and other such things which
would prevent the timely renewal of the license. If the reason for the hold on
the renewal of the license is not resolved by May 1, the sale of alcoholic
beverages must cease until the reason for the hold is resolved and the license
is renewed. The license renewal fee is the same as the license fee. License
or renewal fees are not prorated.
A licensee must
maintain proof of financial responsibility on file with the MLCC in the amount
of at least $50,000 for security for liability (Dram Shop liability) for an
individual who suffers damage or who is personally injured by a person under
the age of 21 or a visibly intoxicated person by reason of the unlawful
selling, giving or furnishing of alcoholic liquor to the person under 21 years
of age or the visibly intoxicated person. The method most often used by
licensees to meet this requirement is the purchase of a liquor liability
insurance policy worth at least $50,000. Other acceptable means of complying
with this requirement include depositing $50,000 in cash with the MLCC or
obtaining an irrevocable letter of credit which is pledged to the State of Michigan
as first claimant.
A licensee is
prohibited from selling alcoholic beverages between the hours of 2:00 a.m. and
7:00 a.m. of any day, except January 1, and 2:00 a.m. and 12 noon
on Sundays. The sale of spirits or mixed spirits is allowed between noon and
midnight on Sundays only with a Sunday Sales Permit. Pursuant to the Michigan
Liquor Control Code of 1998, 12 Noon on Sunday is considered 12 Noon on Sunday,
EST, for any licensee located in the central time zone. A separate Sunday Sales
Permit must be obtained by the licensee from the MLCC to allow the sale of
spirits and mixed spirit drinks between noon and midnight on Sundays. The MLCC
will not issue the Sunday Sales Permit if the county government has not
approved Sunday sales or if the local government has prohibited the sale of
spirits or mixed spirit drinks on Sunday. Beer and wine may be sold after noon
on Sundays without a Sunday Sales Permit unless prohibited by the county or
local government.
A sale or purchase of
alcoholic beverages shall be for cash only except for the sale to an industrial
account if the extension of credit does not exceed 30 days; a sale to a person
holding an authorized credit card from a credit card agency; or a sale to a
professional account by a Class C licensee, whose major business is food, if
the extension of credit does not exceed 30 days.
A licensee must
obtain approval from the MLCC to transfer the license or an interest in the
license from one person to another. This includes the transfer or issuance of
stock in a corporation; the transfer or assignment of a membership interest in
limited liability company; and/or the transfer or
assignment of a partnership interest, including the adding or dropping of
partners.
A privately held
licensed corporation must immediately notify the MLCC, in writing, of changes
made in its officers or directors or of amendments made to the articles of
incorporation.
A limited liability
company shall immediately notify the MLCC, in writing, of changes made in its
managers or assignees or of amendments made to the articles of organization,
operating agreement, or by-laws.
A licensee shall
comply with all state and local building, plumbing, zoning, sanitation, and
health laws, rules, and ordinances.
A licensee shall post
in a conspicuous place, a sign stating the total capacity of each public room
of the licensed premises based upon the capacity established by the state or
local authority having jurisdiction.
A licensee shall
maintain accurate records of purchases and sales of alcoholic beverages for a
4-year period of time. A licensee shall maintain records sufficient to determine
ownership of the licensed business and to whom the profits or losses of the
business accrue for a 4-year period of time.
A licensee shall make
the licensed premises available for inspection and search by an MLCC
investigator or law enforcement officer during regular business hours or when
the licensed premises are occupied by the license or a clerk, servant, agent,
or employee of the licensee.
A licensee shall sign
and frame under transparent material the license(s) and permit document issued
by the MLCC. A licensee shall prominently display the license(s) and permit
document in the licensed premises.
A licensee shall not
directly, individually, or by a clerk, agent, or servant sell, furnish, or give
alcoholic beverages to a person under the age of 21.
A licensee shall not
directly or indirectly, individually, or by a clerk, agent, or servant sell,
furnish, or give alcoholic beverages or to a person who is visibly intoxicated.
A licensee shall not
obtain the license for the use and benefit of a person whose name does not
appear on the license.
A licensee shall not
lease, sell, or transfer possession of the licensed premises without the prior
written approval of the MLCC.
A licensee shall not
contract for the services of another person to operate the food portion of the
licensed business without the prior written approval of the MLCC.
A license shall not
add or drop any space from the physical structure of the licensed premises
without prior approval of the MLCC.
A licensee shall not
close the licensed business for more than 30 days without returning the license
to the Lansing office of the
MLCC to be placed into escrow.
A licensee shall not
participate in or sponsor any contest that requires the use or consumption of
alcoholic beverages or features alcoholic beverages as a prize in connection
with a contest.
A licensee shall not
allow contests in which the licensee or any person gives away anything of value
over $250 per day, except upon written order of the MLCC.
A licensee or the
clerk, servant, agent, or employee of the licensee shall not make
payment to the MLCC or the State of Michigan
by any means that will be dishonored by a financial institution for lack of
sufficient funds or for any other reason.
A licensee shall not
sell, offer for sale, expose for sale, or possess alcoholic beverages that have
been adulterated, misbranded, or in bottles that have been refilled. A bottle
is adulterated if it contains any liquid or other ingredient that was not
placed there by the original manufacturer or bottler. A bottle is misbranded if
it is not plainly labeled, marked, or otherwise designated. A bottle has been
refilled when it contains any liquid or other ingredient not placed in the
bottles by the original manufacturer or bottler.
A licensee shall not
sell, offer for sale, or advertise the sale of an unlimited quantity of
alcoholic beverages at a specific price.
A licensee shall not
sell, offer for sale, or advertise the sale of 2 or more identical drinks
containing alcoholic liquor to a person for consumption for 1 price.
A licensee shall not
give away any alcoholic beverages at any time in connection with the licensed
business.
6.
Fees
$70 nonrefundable
Inspection Fee
$600 License Fee
which includes 1 bar. If a Class C licensee sells beer, wine, mixed spirit
drink and/or spirits in more than 1 bar, $350 shall be paid for each additional
bar and an Additional Bar Permit must be obtained.
7.
Appeal Process
If a license
application is denied, the aggrieved license applicant may request an appeal
hearing. This request must be made in writing to the Lansing
office of the MLCC at 7150 Harris Drive, PO Box 30005,
Lansing, MI 48909
within 20 days from the date of the mailing of the decision of denial.
The Hearings and
Appeals Section of the Executive Services Division will notify the applicant of
the day, date, and time of the scheduled appeal hearing. Appeal hearings of
licensing decisions are generally held in the MLCC Lansing office on Tuesdays
and in the MLCC Farmington office on Thursdays.
8.
Public Input Opportunities
The public has an
opportunity for input at the local level when the application is considered by
the city, village or township board.
The MLCC also
considers the opinions of the local residents at the time of review and
consideration of the completed application.
E. Contact
Information:
Contact
Us
Creation/Revision Date:
October 8, 2010
|
