Brandy Manufacturer License

Brandy Manufacturer Licensing Requirements & General Information

    A Brandy Manufacturer license, as defined by MCL 436.1105(13), is issued by the Michigan Liquor Control Commission to a Wine Maker or Small Wine Maker licensee located in Michigan to manufacture brandy, to sell the brandy to the Commission for the sale and distribution through Authorized Distribution Agents (ADAs) to retailer licensees, and to sell the brandy to customers for consumption on or off the premises at a tasting room located on its manufacturing premises where it also holds an On-Premises Tasting Room Permit.  A Brandy Manufacturer licensee may also sell brandy it manufactures at an approved tasting room off the manufacturing premises under an Off-Premises Tasting Room License or Joint Off-Premises Tasting Room License.

    A Distiller or Small Distiller licensee may manufacture brandy without holding a Wine Maker or Small Wine Maker license; however, a Wine Maker or Small Wine Maker licensee also holding a Brandy Manufacturer license, but not a Distiller or Small Distiller license, may not make any other spirit products other than brandy.

Required Forms, Fees, and Documents

All applicants requesting a new Brandy Manufacturer license, seeking to transfer ownership of a Brandy Manufacturer license, or transferring interest (stock or membership interest) in a Brandy Manufacturer license must submit the following:

Application Form

• For a new Wine Maker or Small Wine Maker license or to transfer a Brewer or Micro Brewer license - Manufacturer License & Permit Application (LCC-150)
• To transfer interest in a Wine Maker or Small Wine Maker license - License Interest Transfer Application (LCC-101)

Inspection Fee

A $70.00 nonrefundable inspection fee is required for each license requested in an application.  For example, if an applicant has requested a new Brandy Manufacturer license in conjunction with a new Small Wine Maker license, the inspection fee would be $140.00.

License & Permit Fees

The initial and annual renewal fee for a Brandy Manufacturer license is $100.00.  Additional fees will vary based upon whether additional licenses and permits are requested in conjunction with a Brandy Manufacturer license.  If the Brandy Manufacturer license applicant plans to sell its brandy at retail on its manufacturing premises in a tasting room, it must also apply for an On-Premises Tasting Room Permit, for which the initial and annual renewal fee is $100.00.

Livescan Fingerprints

Applicants that are not currently licensed through the Michigan Liquor Control Commission and will hold 10% or more interest in a liquor license must be fingerprinted.  After reviewing your application, the MLCC will provide you with a copy of the Livescan Fingerprint Background Request (LCC-105) form that you will need when you are fingerprinted by a Livescan Agency.

Federal Basic Permit

Applicants must provide a copy of the federal Basic Permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) prior to issuance of the Wine Maker or Small Wine Maker license.  This not required to be submitted at the time of application with the Commission, but should be applied for through the TTB as soon as possible, as the TTB process may take longer to complete than the Michigan licensing process.

Property Document

• Applicants must provide documentation that demonstrates they will have control over the property that comprises the proposed licensed premises.  Property documents include deeds, land contracts, and lease agreements.
• A provision to reassign the license in the event of a default on a land contract or termination of a lease agreement may be included, but may only provide for the reassignment subject to Commission approval.
• If the applicant is a company and its members or stockholders own the real estate as individuals or under another company, a lease agreement is needed.
• If the applicant is an individual and he or she owns the real estate with a spouse or someone else who will not be named on the license, a lease between the applicant and the owners of the real estate is needed.

Purchase Agreement

Applicants requesting to transfer a license from another licensee must submit an executed purchase agreement or other documentation signed by both the applicant and the current licensee, which details the sale of the liquor license(s) and other business assets.

• Purchase agreements must specifically indicate that the liquor license is being sold and provide the purchase price and terms of the sale.
• Purchasers of on-premises licenses must have at least 10% of the purchase price of the business, excluding real estate.
• Purchase agreements that are not for cash only sales and include real estate must list the personal property, including the licenses, and real estate with the terms and price for each.
• If the personal property and real estate are being purchased by separate people or entities, the purchase agreement must indicate those names and who is purchasing which items.
• If the applicant will not pay the full purchase price at closing, the balance due may be covered by a security agreement or promissory note.  Alcoholic beverage inventory cannot be included on a security agreement or promissory note.

In addition to the documents required by all applicants:

Corporations must submit the following information per Administrative Rule R 436.1109:

• Report of Stockholders/Members/Partners (LCC-301)
• Copy of current, filed Articles of Incorporation.
• Current Certificate of Good Standing from the state where incorporated and Certificate of Authority to Do Business in Michigan, if incorporated outside of this state.
• Certified copy of the minutes of a meeting of its board of directors or a statement signed by an officer of the corporation naming the persons authorized by corporate resolution to sign the application and other documents required by the Commission (or Part 3 of Form LCC-301).

Limited Liability Companies (LLC) must submit the following information pursuant to Administrative Rule R 436.1110:

• Report of Stockholders/Members/Partners (LCC-301)
• Copy of Articles of Organization and copies of any amendments to the Articles of Organization.
• Current Certificate of Authority to Do Business in Michigan, if the LLC is a non-Michigan LLC.
• Copy of Operating Agreement entered into by members.
• Copy of most recent annual statement filed with the Corporations Division, if an existing LLC.
• Statement signed by a manager of the limited liability company or by at least 1 member if management is reserved to the members naming the person authorized to sign the application and other documents required by the Commission (or Part 3 of Form LCC-301).

Partnerships must submit the following information per Administrative Rule R 436.1111:

• Report of Stockholders/Members/Partners (LCC-301)
• Partnership Agreement, if a Limited Partnership.

Licensing Process

• The Licensing Division reviews the application and corresponding documents for completeness and verifies the appropriate fees have been received. If additional documents, fees, or corrections to documents are needed, Licensing will notify the applicant.

• Once all the necessary documents have been received Licensing will submit the request to the Enforcement Division for its investigation. If an applicant has applied for and meets the requirements for a conditional license, the request will be considered by the Commission

• The Enforcement Division will contact the applicant to schedule an interview with the applicant (and current licensee for license transfers). At this meeting an investigator will review with the applicant documents, including:

• purchase agreement
• financial documents
• property documents
• other items pertaining to the application

• After the interview, the investigator will prepare a report for the Commission regarding the investigation and submit the request back to Licensing for further processing.

• Licensing reviews the report from Enforcement and any additional documents received during the interview process. The request is prepared for the Commission to consider and placed on a docket for an upcoming licensing meeting.

• The Commission considers the request, including:

• the liquor license operating history of the applicant (if a current or prior licensee)
• the arrest and conviction record of the applicant
• whether the applicant meets the requirements for a license
• the applicant's financial information
• opinions of the local legislative body or police department, if received.

• The Commission will approve or deny the request based on these factors. Occasionally, the Commission will request more information from the applicant before making a final decision.

• After the Commission makes a decision on the request, the file is returned to Licensing for final processing.

• Approval orders are sent to the applicant requesting any final items before the issuance of the license.

• Denial orders are sent to the applicant and the applicant may appeal the decision.

• When all the final items are received by Licensing, the completed request is forwarded to the Renewal Unit for the issuance of the physical license documents. Any changes in financial provisions at the time of closing which do not conform to the terms previously indicated and investigated may require submission of new forms and possible additional investigation.

Permits, Permissions, and Authorizations

On-Premises Tasting Room Permit

This permit allows the Brandy Manufacturer licensee to sell brandy it manufactures to customers for consumption on or off in an approved tasting room located on the manufacturing premises.  If the licensee is also licensed to manufacture beer, wine, or mixed spirit drink products at the same location where it is licensed with a Brandy Manufacturer license, it may also sell those products in the approved tasting room that is issued this permit.

A licensee issued an On-Premises Tasting Room Permit must maintain Proof of Financial Responsibility, or liquor liability insurance,  as required by MCL 436.1536(7)(e) and MCL 436.1803 - see Proof of Financial Responsibility (LC-95) - and must comply with the minimum server training requirements for retail sales as required by MCL 436.1535(7)(d) and MCL 436.1906.

On-Premises Tasting Room Permit limits for Brandy Manufacturer licenses:

• A Brandy Manufacturer licensee must manufacture brandy on the premises where it is sold in an On-Premises Tasting Room Permit location
• May sell brandy for consumption off the premises
• May sell and serve full size drinks
• No size or number limit on tasting samples
• May serve food or have a restaurant in conjunction with the On-Premises Tasting Room Permit

Sunday Sales Permit (A.M.)

A permit that allows the sale of brandy on Sunday mornings between 7:00am and 12:00 noon, if allowed by the local unit of government.

Sunday Sales Permit (P.M.)

A permit that allows the sale of brandy on Sundays after 12:00 noon, if allowed by the local unit of government.

Catering Permit

Authorizes licensee to sell, deliver, and serve brandy in the original containers at private events. A licensee must have a food service establishment license or retail food establishment license to qualify for this permit.

Dance Permit

Allows dancing by patrons of a business with an on-premises license. Often combined with an Entertainment Permit.

Entertainment Permit

Allows certain types of live entertainment at a business with an on-premises license. An Entertainment Permit does not allow topless activity. Often combined with a Dance Permit.

Extended Hours Permit

A permit held in conjunction with a Dance or Entertainment Permit (or both) that allows dancing or entertainment on the licensed premises outside the legal hours for the sale of alcohol. An Extended Hours Permit does not allow the sale of alcohol outside of the legal hours of sale.

Living Quarters Permit

Allows living quarters to be directly connected to the licensed premises.

Social District Permit

Allows a licensee to sell and serve an alcoholic beverage to a customer who may drink it in a social district created by the local governmental unit.

Specific Purpose Permit

Allows specific types of activities (such as the service of food, sporting activities, meetings, etc.) to occur on the licensed premises outside the legal hours for the sale of alcohol. A specific purpose permit does not allow the sale of alcohol outside of the legal hours of sale.

Direct Connection Permission

Allows connections from the licensed premises to unlicensed premises.

Off-Premises Storage Permission

Allows a licensee to store alcoholic inventory off the licensed premises in a secure storage area.

Outdoor Service Authorization

Authorization granted by the Commission for a licensee to sell alcohol outdoors in an area controlled by the licensee. This can be a patio area next to the licensed premises or a space as large as a golf course.

Off-Premises Tasting Room License or Joint Off-Premises Tasting Room License

A Brandy Manufacturer licensee may have an approved tasting room at a location off its licensed manufacturing premises where it may brandy it makes under an Off-Premises Tasting Room License.  Two or more Brandy Manufacturer licensees may also operate a joint tasting room together off their licensed manufacturing premises under Joint Off-Premises Tasting Room Licenses.  The Brandy Manufacturer licensee also sell wine it manufactures under its Wine Maker or Small Wine Maker license at the Off-Premises Tasting Room licensed location.  See the Off-Premises Tasting Room License & Permit Application (Form LCC-150a) or the Joint Off-Premises Tasting Room License & Permit Application (Form LCC-150b) for details on the requirements for off-premises tasting room licenses.

Local Approval for On-Premises Tasting Room Permit

If the applicant intends to sell brandy it manufactures under its Brandy Manufacturer license in an approved tasting room located on the manufacturing premises under an On-Premises Tasting Room Permit, it must obtain the approval of the local legislative body of the local governmental unit where it will be licensed.  The Manufacturer License & Permit Application (Form LCC-150) contains a Local Governmental Approval form (LCC-106a) that can be used by the local governmental unit to approve or disapprove the request for the On-Premises Tasting Room Permit. 

Local approval in not necessary for the Commission to consider approval and issuance of a Brandy Manufacturer license when the applicant does not intend to sell its brandy to customers on the premises where it manufactures the brandy and has not applied for an On-Premises Tasting Room Permit; however, applicants will still need to comply with any local ordinances specific to manufacturing operations.

Churches & Schools

Michigan Department of Agriculture & Rural Development Requirements

Facilities that manufacture alcoholic products in Michigan must be licensed through the Michigan Department of Agriculture & Rural Development (MDARD) in addition to licensure through the Commission.  You may contact MDARD regarding the licensing requirements for the type of establishment for which you are applying by calling, toll-free, 800-292-3939 or visiting www.michigan.gov/mdard.

Michigan Spirit Distribution System

Michigan operates as a control state for the sale of spirits, including brandy, which means the Commission acts as the wholesaler for all spirit products, which includes brandy.  A Vendor of Spirits sells spirits to the Commission.  The Commission then resells the spirits to both on-and-off-premises retailer licensees.

Spirit products, including brandy, are warehoused and delivered to retailer licensees by Authorized Distribution Agents (ADA).  An ADA is required to be certified by the Commission and is also required to have a contract with each Vendor of Spirits they represent to deliver their particular spirit products.  Spirit products that are sold to consumers for off-premises consumption by licensed Specially Designated Distributors (SDD) are sold statewide at uniform prices set by the Commission.  The uniform price set by the Commission is determined by the cost of the spirit product to the Commission plus a 65% mark-up, plus a combination of specific taxes.

All sales to retailers must be made through the MLCC and delivered by ADAs unless the manufacturer self-distributes its products in compliance with the law.

Vendor of Spirits

A Brandy Manufacturer licensee must register with the Commission as a Vendor of Spirits in order to sell its products to the Michigan Liquor Control Commission for distribution to retailer licensees. The Commission purchases spirits from Vendors of Spirits. The Vendor of Spirits is responsible for registering products and filing quotations with the Commission. The Commission then adds the statutory mark-up (currently 65%) and specific taxes (currently totaling 12%) and sells the spirits to licensed retailers who in turn sell to consumers. There is no fee for registering as a Vendor of Spirits. There is also no licensing investigation for registering as a Vendor of Spirits. However, a Vendor of Spirits is required to have an individual who will represent the Vendor of Spirits with the Commission.  This individual must apply for and be issued a Vendor Representative license. The Vendor Representative license fee is $50.00 for a three-year period.

Additional information on registering as a Vendor of Spirits, applying for a Vendor Representative license, and what is required to list spirits with the Commission to be distributed through the ADAs may be found on the New Vendors of Spirits webpage.

Manufacturing & Labeling

Brandy must be manufactured, identified, and labeled in accordance with federal spirit regulations published in Code of Federal Regulations Title 27, part 19 and Title 27, part 5 pursuant to R 436.1707 and R 436.1708.

All brandy products must be registered with the Commission prior to their introduction in Michigan and must be registered online in the Sales Inventory Purchasing System (SIPS+).

Wine products sold in Michigan must be labeled in accordance with TTB regulations and must have labels approved by the Commission prior to being sold.  Wine labels must be registered online in the Sales Inventory Purchasing System (SIPS+) program.  Both labels that have a TTB Certificate of Label Approval (COLA) and labels for products that do not need TTB approval are required to be registered in SIPS+.  Upon licensure, the applicant will be provided with a password and instructions to access the on-line registration site. There is no fee for Michigan label registration.  

Mandatory label information, pursuant to TTB regulations:

• Brand name.
• Class, type or, in lieu of, a truthful & adequate statement of composition shall appear on the brand label of the product.
• Name and address of bottler or packer where bottled or packed.
• Alcohol content.
• Net contents.
• Government Warning Statement.

For federal labeling information contact the TTB at www.ttb.gov.

Salesperson Licenses

Any person employed by a manufacturer licensee to sell, deliver, promote, or otherwise assist in the sale of alcoholic liquor in this state is required to hold a Salesperson license issued by the Commission. Employees who work exclusively at the manufacturing premises and have no contact with wholesalers, retailers, or consumers off the licensed premises do not need a Salesperson license. Salesperson licensees must be at least 18 years of age and are prohibited from being employed by a retailer-tier licensee on a paid or any other basis. For more details on Salesperson licensee requirements and exceptions to the requirements for certain employees please visit the Commission’s webpage for Salesperson licensing information.

Records Retention and Inspection of Premises and Records

All licensees are required to maintain all sales, purchase, and Salesperson licensee expense records for a minimum of four years. Records may be maintained electronically or otherwise as long as a hard copy of the record can be created upon demand.

A licensee must make the licensed premises available for inspection and search by a Commission Investigator or any law enforcement officer empowered to enforce the Commission’s rules and code during regular business hours or when the premises is occupied. The Commission or its duly authorized agent may examine the books, records, or papers of a licensee.