Liquor Control Speeds up Outdoor Permission Process

The attorneys at Duba & Duba, PLLC, brothers Christopher Duba and Donald Duba, often practice in the administrative area of the law dealing with the Michigan Liquor Control Commission (MLCC) when representing businesses operating in the hospitality industry. Duba & Duba, PLLC represents restaurants, banquet facilities, golf courses, and resort community taverns and night clubs in the maintenance and compliance of a liquor license operating entity, as well as frequent representation of clients seeking to acquire a Michigan liquor license, manage a transfer of a liquor license, or assist in representation of a licensee in a citation or review context.

As such, Duba & Duba, PLLC, reports that the Michigan Liquor Control Commission recently created a new consent agenda permission process for current licensees seeking prompt turnaround time for application on an outdoor service permit request. Essentially, to the extent that an existing on-premises liquor licensee desires outdoor service permission, to establish table service on a deck, patio or designated tabletop outdoor service area, a new process has been instituted attempting to provide prompt review and conclusion on such an additional permit process so that licensees can take advantage of the pleasurable Michigan outdoor weather.

In order for a licensee to be considered for the outdoor service permission consent agenda, the licensee must submit the following information:

  • Outdoor service application for permission.
  • A detailed diagram of the currently licensed premises which includes the proposed outdoor service area.
  • Exact measurements of the proposed outdoor service area. Any ingress/egress must be included on the diagram. The licensee must describe how the proposed area will be well-defined and clearly marked.
  • The proposed outdoor service area must be directly adjacent (connected) to the licensee with direct access to the proposed area.
  • A property document that indicates that the licensee has control over the proposed area, i.e. warranty deed, lease agreement, letter or resolution from a local government unit indicating that the licensee has permission to use the municipally owned area.

The request will be submitted and put on the consent agenda if the following is met:

  • Licensee does not have any pending violations.
  • Licensee is currently in good standing and the license is not currently in escrow.
  • The commission is provided with a completed application.
  • The commission is provided with a detailed diagram with exact measurements and ingress/egress markings.
  • The commission is provided with a property document which indicates that licensee's control over the proposed area.
  • The proposed Outdoor Service Area is adjacent (connected to) the currently licensed premises and is directly accessible from within the establishment.
  • The proposed Outdoor Service Area is not accessed by crossing an easement or thoroughfare.
  • The proposed Outdoor Service Area does not exceed 10,000 square feet.
  • The proposed Outdoor Service Area is not near a body of water, sporting venue or activity such as horseshoes, volleyball, softball etc.
  • Under the new consent agenda process, if no issues exist the licensee may be approved for this permission within 1-3 business days, which is subject to a final inspection by the commission's enforcement division. There is no fee required for this permission or the new expedited process.

Duba & Duba, PLLC has experience assisting their clients with Liquor Control Commission affairs and suggest consultation with experienced legal counsel on such matters.

The topics contained in this article are intended to be general and representative in nature and not specific legal advice for any particular circumstance. Please feel free to contact Duba & Duba, PLLC to inquire about an analysis of your particular facts and circumstances.