Liquor Control Flashcards
All persons who sell or distribute alcoholic beverages in Michigan are required to be licensed by
MLCC
State law allows action to be taken against a licensee both
in court and before the Liquor Control Commission for an alleged violation of the Michigan Liquor Control Code
Law enforcement officers should understand that the MLCC enforces the law only
To people or companies that have a liquor license
All violation reports forwarded to the MLCC must be submitted on
LC-600
Needed to complete a LC-600
Types of licenses and permits.
Violation type
Report Details
Officers signature is required
The liquor license shall be signed by the licensee, shall be framed under a transparent material, and prominently displayed on the premises
True
An alcoholic beverage is any beverage containing
one-half of one percent or more alcohol by volume
Minor means
under 21 years old
For a licensee to be charged
1) enforcement is taken against the minor 2) enforcement is taken against the adult who furnished the alcohol 3) enforcement action is taken against the clerk who sold the alcohol.
If a minor under 18 participates in an undercover operation, his or her parents or legal guardian shall consent to the participation
True
Persons 18-21 are considered legal adults and are entitled to work as bartenders, waiters or waitresses and handle, mix, sell and deliver alcoholic beverages. This has been upheld by the Michigan Court of Appeals
True
A peace officer who has reasonable cause to believe a minor has consumed alcohol may require the person submit to a preliminary breath test. Refusal to submit to a breath analysis is a state civil infraction and may be ordered to pay a civil fine not more than $100
True
If the minor is under 18 and not emancipated a parent must be notified within
48 hours of the offense
The MLCC is required to suspend or revoke the license of any licensee who has violated section 801(2) on
3 or more separate occasions within 24 months
A retail licensee shall not directly or indirectly give alcoholic liquor to a person who is
visibly intoxicated
May sell on Sunday between
7am on Sunday and 2am on Monday
Summary of Hours
Any day (Except January 1st) 2am – 7am
Sundays – Require morning permit for 7a to noon, or noon to 12a with a PM permit
Christmas - 11:59pm Christmas Eve to noon on Christmas
4am to 7am on New Years
On Premises may not allow consumption of alcohol
2: 30a – 7a any day
11: 59p – noon on Christmas
4: 30a – 7a on New Years Day
Businesses such as restaurants, bowling alleys, and ski lodges may be granted permission to remain open but may not sell alcoholic beverages
True
Brewpub or microbrew may deliver beer and wine to home
1) done by a brewpub employee 2) verifies the person is over 21 3) must have received alcohol server training through a server training program
Spirits can only be delivered if the licensee has a
catering permit
Licensee, an officer of licensed corporation, stockholder, manager of LLC shall not commit any of the following:
Felony
Crime involving excessive use of alcohol.
Crime involving gambling, prostitution, weapons, violence, tax evasion, fraudulent activity or controlled substances.
Misdemeanor that impairs the operation of the licensed business.
A plea of nolo contender and a certified copy of conviction is prima facia evidence of a violation.
Permit or license can be revoked by the commission after
due notice and a proper hearing
Shall not allow contests that gives away over
$250 per day
Nonprofit unlicensed persons with a 24 license are allowed to offer and award unopened alcoholic liquor valued at less than
$200
Operating without a license is a
1-year felony with $1000 fine
Shall not consume alcohol in a restaurant if they are not licensed. Hotels are exempt from this act
True
A person may import alcohol once per 24 hours not more than
312 ounces of less than 21% alcohol