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Brewpub License

Brewpub License

Brewpub License Requirements & General Information

    A Brewpub license, as defined by MCL 436.1105(15), is a license issued in conjunction with a Class C, Tavern, B-Hotel, or A-Hotel license that authorizes the licensee to brew up to 18,000 barrels of beer per calendar year for sale for consumption on or off the licensed premises.

    In addition to meeting the requirements of the type on-premises license with which the Brewpub license will be held in conjunction, a Brewpub license has a number of additional requirements under MCL 436.1405 and 436.1407:

  • The Brewpub licensee must hold a food service establishment license under the Food Law (MCL 289.1101 to 289.8111)
  • The Brewpub licensee may manufacturer and brew not more than 18,000 barrels of beer per calendar year in Michigan and sell at those licensed premises the beer produced for consumption on or off the licensed brewery premises.  In determining the 18,000-barrel threshold, the Brewpub licensee shall combine all brands and labels of the brewpub produced in Michigan
  • The Brewpub licensee mut have its beer manufacturing operation on the licensed premises.
  • The Brewpub licensee must manufacture beer pursuant to federal malt beverage regulations published in title 27 CFR 25.1 to 25.301, as required under MCL 436.1405(6).
  • The Brewpub licensee must submit a copy of its federal Brewer’s Notice issued by the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) in accordance with the federal beer regulations published in title 27 C.F.R. 1935, prior to the sale in Michigan.
  • The Brewpub licensee must submit to the Commission, on forms acceptable to the Commission and not postmarked later than January 15, April 15, July 15, and October 15 of each year, a beer tax report of all beer sold under this Brewpub license during the preceding quarter.  Along with this report, each Brewpub shall also submit the payment of the required beer excise tax due pursuant to MCL 436.1409.
  • The Brewpub licensee must provide evidence to the Commission that not less than 25% of the gross sales of the restaurant during the one-year licensure period are derived from the sale of food and nonalcoholic beverages prepared for consumption on the premises, as required under MCL 436.1407(1).  The Commission must revoke the Brewpub license under MCL 436.1407(3) if the licensee is not in compliance with this requirement.
  • A Brewpub licensee may not self-distribute beer it makes to retailers and may not sell beer it makes to Wholesaler licensees to distribute to retailers.
 

Required Forms, Fees, and Documents

    An applicant requesting new Brewpub license to be issued in conjunction with a Class C, Tavern, or B-Hotel license must submit the following:

Application Form

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 Brewpub license in conjunction with the transfer of ownership of Class C and Specially Designated Merchant licenses, the inspection fees would be $210.00.

License & Permit Fees

The initial and annual renewal fee for a Brewpub license 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.

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.

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:

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.

Local Government Unit Approval for New Brewpub License

  • The applicant must obtain a recommendation from the legislative body of the local governmental unit (city council, village council, or township board).
  • The resolution must be submitted to the Commission with the initial application and documents.

Churches & Schools

    An application for a new license to sell alcoholic beverages at retail, or a request to transfer location of an existing license, may be denied if the proposed location is within 500 feet of a church or school. The Commission may waive the church/school provision if the church or school does not file an objection to the proposed license. If the church or school does file an objection, the Commission shall hold a hearing before making a decision on the issuance of the license.
 

Proof of Financial Responsibility

Liquor liability coverage of at least $50,000.00 is required by Michigan law for active operation of a licensed business.  Types of acceptable coverage are:

  • liquor liability insurance
  • cash
  • unencumbered securities
  • constant value bond
  • membership in an authorized group self-insurance pool

For more information, please read the instructions in the Proof of Financial Responsibility (LC-95) form.