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In many situations, a violation is the result of ignorance of the law or an honest mistake.  
Unfortunately, ignorance of the law is no excuse and, in most situations, neither is an honest mistake.
We recommend that you review our list of common violations to ensure that you are aware of what actions may be a violation.

Below, we have included a few notes on how to avoid specific common violations

Sales to a Minor
(MCL 436.1701)
      Selling alcohol to minors is one of the most common violations for both on and off-premise licensees.  There are two primary components to avoiding sales to minors: education and proper technology.
      With regard to education, server training is required for all on-premise licensees; however, we also highly recommend such training for employees on off-premise licensees.  In addition to server training, it is important for licensees to regularly review their policies (e.g. ID required for anyone who appears under the age of 40) with employees.
      With regard to technology, we recommend that licensees consider upgrading their P.O.S. system to one that requires an ID scan or inputting of a birthdate prior to the sale of alcohol.  These systems can pay for themselves over time by allowing licensees to avoid fines and potential loss or suspension of their license.  There are numerous companies that sell software and hardware to fit your needs - shop around!  For MLBA members, it is worth noting that you may receive a member discount with specific retailers.  Contact the MLBA for more details.
Dancing or Entertainment without a Permit
(MCL 436.1916)
     If you have an on-premise license and were represented by an attorney who is well-versed in Michigan liquor law, it is probable that you received a dance permit when initially applying for your license.  For those licensees who do not have a dance permit, we highly recommend that you submit a request for one.  Without a dance permit, you are at risk of a violation anytime music plays on the jukebox.  If you do not have the permit, and customers decide to dance, you are in violation.
        The cost of a permit is $70 and you can use this form.  At the time of application, you will need to demonstrate the existence of a "dance floor."  At the time of inspection, you will simply need to show the inspector a 100sq ft (10x10) space which is cleared for dancing.  
Sell, Serve, or Allow Intoxicated Person to
Consume Alcohol or Loiter (MCL 436.1707)
     Another common violation involves persons who are already intoxicated.  It is a violation to sell to, serve, or allow these persons to consume alcohol on the premises.   An important rule to avoid this violation:  If an employee is unsure whether or not a patron is intoxicated, the patron should not be served or sold to.
     Server training will assist your staff in determining whether an individual is already intoxicated, and whether or not an individual should be served.  In addition, it is wise to speak with employees, to be sure that they are aware of the most common signs of over-intoxication.  We have attached a list of "50 Signs of Intoxication" and a BAC chart below.  Feel free to download these resources and review them with your employees.

50 Signs of Intoxication.pdf
File Size: 71 kb
File Type: pdf
Download File

BAC Chart.pdf
File Size: 30 kb
File Type: pdf
Download File

Drug Paraphernalia
(R. 436.1011(6) )
     Off-premise licensees commonly violate Rule 436.1011(6)(e) by selling perfectly legal products in a manner which makes it appear more likely that the products will be used as drug paraphernalia.  
      As a general rule, if you do not sell loose tobacco, you should not sell products intended for use with loose tobacco (such as rolling paper, pipes, pipe screens, water pipes, etc).  You should also avoid the sale of glass pens, syringes (unless in conjunction with medical supplies), roach clips, and edible smoking pipes.  Finally, do not sell "drug related" items individually; these include jewelry bags, razor blades and copper/steel wool pads.  
      The items above are not all-inclusive.  If you have any questions or concerns about whether selling a specific item could be a violation, you should call the Enforcement Division at (517) 322-1370.
    Home - Michigan Liquor Licenses - Alcohol/Hospitality Industry News - Liquor Law News & Updates - Research Michigan Liquor Law - Contact a Liquor Lawyer
    FAQs - About Michigan's Liquor Control System - Retail Liquor Licenses - Obtaining a Liquor License - The Application/Transfer Process - MLCC Violations 
    The Michigan Liquor Law Blog - The 1/2 Mile Rule - Churches & Schools - Fuel Pumps & Liquor - Smoking Ban -  Proposed Statutory Changes - MLCC Forms

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The materials on this site are provided purely for informational purposes and are not legal advice. These materials are intended, but not promised or guaranteed, to be correct, complete, and current. This site is not intended to be a source of legal advice. Therefore, the reader should not consider this information an invitation for an attorney-client relationship. Readers should always seek the advice of competent counsel.
(c) 2012, Stariha & Brower, PLC
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Michigan Liquor Law dot com, a site devoted to understanding Michigan Liquor Laws.  We answer questions about  Michigan liquor licenses, the Michigan Liquor Control COmmission, liquor license applications, and more.