There are a variety of Michigan Liquor Control Commission (MLCC) violations. Some of these violations include selling to minors or serving to minors in licensed establishments, selling or serving alcohol after permitted hours, unauthorized transfer of a liquor license, sale to an intoxicated person, and open containers are among the common types of violations. These along with permitting and other establishment-based violations are types of violations that the liquor control commission may hear.
Selling to a minor or serving minors in licensed establishments is a common type of liquor violation. According to MCL 436. 1701 (1), alcoholic liquor should not be sold to a minor and therefore selling or serving alcohol to a minor may result in a misdemeanor. This is a serious issue, especially as it relates to the establishment. Such violations can affect your liquor license, which can be problematic for businesses. Businesses need to take steps to prevent such incidents, as they can be harmful to the reputation of the establishment.
Selling or serving alcohol after permitted hours is a common violation many businesses experience. Specifically, this may include selling alcoholic beverages passed their permitted times. “Sunday Sales” rules assess the different hours permitted for sales of alcohol on Sundays. The Michigan Liquor Control Code serves as a guide to help individuals and businesses know the applicable timing of when alcohol should be served. This depends on the type of establishment of course. However, it is important to be aware of the laws that govern these rules, including MCL 436.2113.
Furthermore, the unauthorized transfer of a liquor license is an issue presented by the liquor control commission. A license holder may not sell or serve alcohol to individuals without having the proper license needed for the establishment. It is important for businesses to have approval from the state and local enforcement. License applications need to be completed and this will be reviewed by such state and local enforcement. It is imperative that license holders update the liquor control commission with any changes to ownership, as it relates to the liquor license. Such changes may include changes to corporate officers, partners, managing members, etc. Being familiar with the applicable laws and regulations will assist the business and refrain from violations as it relates to the liquor license.
Additionally, the sale to an intoxicated person is another violation that businesses may face. According to MCL 436.1801 (2), a license holder shall not directly or indirectly serve or give alcohol “to a person who is visibly intoxicated”. Businesses need to take precautions and be aware of any intoxicated persons. This can seriously affect the business in a negative way. As a license holder, one should seek to protect the establishment, individuals, community, and the general welfare of everyone. A license holder needs to be aware of the dangerous effects of serving or selling alcohol to one who is visibly intoxicated.
Open containers are another liquor violation that is important to note, especially for those who have off premises licenses only. Specifically, R 436.1511 (1) indicates that such off-premises licenses who do not have a on-premises license should not have any open containers of alcohol on the licensed premise. This can be an issue for businesses, if they do not have the proper licensing and permits. It can be problematic and dangerous for businesses to allow such behavior on their licensed property. Business owners need to take active measures to not allow such open containers, when they only have an off-premises license.
Liquor Control Commission
According to Licensing and Regulatory Affairs, the Liquor Control Commission includes five individuals, and it can be assessed that two of the members serve as “hearing commissioners”. It can be found that the other members assist with the hearing as well by reviewing the administrative aspect of these matters. These hearings include the issues of liquor violations presented to the board. The board plays a significant role in deciding whether to revoke or suspend a liquor license. These commissioners are there to follow proper procedure and follow the laws and regulations set in place. The decisions of the commissioners may be appealed. It is important to have these violations heard with the board to decide any issues this may pose with the liquor license.
Mitigating Consequences
It is important to mitigate consequences, to avoid liquor violations. It can be useful for businesses to have employee handbooks with specific rules for checking identification cards when selling or serving alcoholic beverages. Such handbooks should include consequences for failing to check identifications. This can be a beneficial way to keep employees organized and accountable for their actions. Establishments should stay up to date with tools that can assist them with checking ages, this may include installing identification scanners. This can assist the employees who need to check to see if individuals are of age. It is important to stay up to date with the timing to serve or sell alcohol, as it relates to the types of licenses and permits that the license holder has. It is important to have established rules for all employees, to protect the welfare of individuals.
Our Services
The Law Offices of Barton Morris has established a restaurant and hospitality industry service line for all your legal services for your business. Whether your establishment is need of obtaining a liquor license or are currently fighting an MLCC violation our dedicated and professional attorneys can help you navigate the legalities of the Michigan Liquor Control Commission.
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