Alcohol to go requirements and closure of indoor service information

Provided by MLCC

Closure of Indoor Service for Certain Licensees Under Executive Order 2020-143

 
Pursuant to Executive Order 2020-134, signed by Governor Whitmer on July 1, 2020, certain licensed on-premises retailer business must close for indoor service beginning July 1, 2020 at 11:00pm.

Executive Order 2020-134 does not apply to the licensed businesses in Regions 6 and 8 as defined in Executive Order 2020-110.

Executive Order 2020-134 applies to licensed businesses in following regions and counties:

 

Region 1 Region 2 Region 3 Region 4 Region 5 Region 7
Genesee Clare Allegan Alcona Clinton Hillsdale
Lapeer Ionia Barry Arenac Eaton Jackson
Livingston Isabella Berrien Bay Gratiot Lenawee
Macomb Kent Branch Gladwin Ingham
Monroe Lake Calhoun Huron Shiawassee
Oakland Mason Cass Iosco
St. Clair Mecosta Kalamazoo Midland
Washtenaw Montcalm St. Joseph Ogemaw
Wayne Muskegon Van Buren Oscoda
Newaygo Saginaw
Osceola Sanilac
Ottawa Tuscola

Indoor Service Prohibited for Licensees With Gross Receipts From Alcohol That Exceed 70%

Food service establishments, as defined in the Michigan Food Law, MCL 289.1107(t), that also hold an on-premises retailer license for the sale and service of alcoholic liquor on the licensed premises, must close for indoor service if they earn more than 70% of their gross receipts from the sale of alcoholic liquor (beer, wine, mixed spirit drink products, or spirits).

On-premises retailer license types include:

Class C
Tavern
A-Hotel
B-Hotel
Brewpub
Club
G-1 or G-2

For purposes of determining the percentage of gross receipts from sale of alcoholic liquor, a licensee must use the following:

  • Gross receipts from 2019; or,
  • If the establishment was not in operation in 2019, gross receipts from the date the establishment opened in 2020.

If a licensee must close for indoor service because it exceeds the 70% gross receipts limit from the sale of alcohol, it may still offer outdoor service of alcohol to customers subject to the following:

○ The licensee has been approved for and issued permission for outdoor service by the Liquor Control Commission.  For more information on applying for outdoor service permission, please visit the Commission’s Coronavirus Reopening Resources website by clicking here.

○ The licensee prohibits customers from entering inside the establishment, except to walk through in order to access the outdoor service area, to leave the establishment, or to use the restroom.

○ The licensee requires customers to wear face coverings while inside, except for customers who are unable medically to tolerage a face covering.

 

Additional Indoor Service Restrictions for Licensees With Gross Receipts From Alcohol Under 70%

 

Licensees that do not exceed the 70% gross receipts limit from the sale of alcoholic liquor may remain open for indoor service under the following additional provisions:

○ The licensee requires customers to wear face coverings except when seated at their table or bar top, unless the customer is unable medically to tolerate a face covering.

○ The licensee requires customers to remain seated at their tables or bar tops, except to enter or exit the premises, to order food, or to use the restroom.

○ The licensee only sells and serves alcoholic liquor via table service, not via orders at the bar except for customers seated at the bar.

○ The licensee prohibits access to common areas in which people can congregate, dance, or otherwise mingle.

○ The licensee follows all applicable workplace safeguards established in Executive Order 2020-114 and any order that may follow from it, including the provisions limiting capacity to 50% of normal seating and requiring six feet of separation between parties or groups.

Dance Permits and Topless Activity Permits issued to licensees pursuant to MCL 436.1916 are temporarily suspended.  Combination Dance-Entertainment Permits and Topless Activity-Entertainment Permits issued under MCL 436.1916(5) are suspended to the extent they allow dancing or topless activity, but remain valid to the extent they allo other entertainment.

 

 

Alcoholic Liquor To Go / For Delivery

 

Licensees That Sell Alcoholic Liquor For On-Premises Consumption

Pursuant to MCL 436.1537a, a qualified licensee may sell alcoholic liquor (beer, wine, spirits, mixed spirit drink, spirits, or mixed drinks/cocktails) in a qualified container to customers for consumption off the licensed premises. The licensee or the licensee’s employee must not fill the qualified container in advance of a sale. The licensee or the licensee’s employee must seal the qualified container. A qualified licensee must not sell alcoholic liquor to a customer to go in its original container*.

A qualified licensee may also deliver alcoholic liquor in a qualified container to a customer. The licensee must stamp, print, or label the outside of the qualified container for delivery with the following statement: “Contains Alcohol. Must be delivered to a person 21 years of age or older”. The recipient of the qualified container must provide identification to verify his or her age. The licensee or the licensee’s employee must seal the qualified container. If the licensee is a Class C, Tavern, A-Hotel, B-Hotel, Brewpub, Club, G-1, or G-2 licensee, it may have its own employees deliver the qualified container of alcoholic liquor to a customer or it may utilize a Third Party Facilitator Service licensee to make the delivery. A manufacturer licensee with an approved tasting room permit or license may make a delivery of alcoholic liquor in a qualified container to a customer using only its own employees.

 

Qualified Licensees

• Class C license               • Club license
• Tavern license              • G-1 or G-2 license
• A-Hotel license             • Manufacturer licensee with an On-Premises Tasting Room Permit
• B-Hotel license             • Manufacturer licensee with an Off-Premises Tasting Room License
• Brewpub license          • Manufacturer licensee with a Joint Off-Premises Tasting Room License

 

A qualified container is a clean, sealable container that has a liquid capacity of one (1) gallon or less. After the container is filled it must be sealed with a device or material that is used to fully close off the container securely. The container can have no perforations or straw holes.

 

*Manufacturers with approved tasting room permits or licenses may sell alcoholic liquor that they manufactured to a customer to go in its original, unopened container. An on-premises retailer licensee that also holds a Specially Designated Merchant (SDM) license may sell beer and wine in original, unopened container to a customer to go.

 

 

Licensees That Sell Alcoholic Liquor For Off-Premises Consumption

 

The following license types may sell alcoholic liquor (beer, wine, mixed spirit drink, or spirits) in original, unopened containers to customers for consumption off the premises:

• Specially Designated Distributor license

•Specially Designated Merchant license

• Any combination of manufacturer licenses with On-Premises Tasting Room Permit:

▪ Micro Brewer license

▪ Brewer license

▪ Small Wine Maker license

▪ Wine Maker license

▪ Small Distiller license

▪ Distiller/Manufacturer of Spirits license

▪ Mixed Spirit Drink Manufacturer license

• Off-Premises Tasting Room license

• Joint Off-Premises Tasting Room license

 

Specially Designated Merchant (SDM) licenses may deliver beer and wine in original, unopened containers to customers at their homes or designated locations in compliance with MCL 436.1203(12):

• The beer or wine is delivered by the SDM licensee’s own employees.

• The SDM licensee or its employee who delivers the beer or wine verifies that the individual accepting delivery is at least 21 years of age.

• If the SDM licensee or its employee intends to provide service to consumers, the SDM licensee or its employee providing the service has received alcohol server training through a server training program approved by the Commission.

 

Specially Designated Distributor (SDD) licenses may deliver spirits and mixed spirit drink products in original, unopened containers to customers at their homes or designated locations in compliance with MCL 436.1203(14):

• The spirits are delivered by the retailer’s own employees.

• The SDD or its employee who delivers the spirits verifies that the individual accepting delivery is at least 21 years of age.

• If the SDD or its employee intends to provide service to consumers, the retailer or its employee providing the service has received alcohol server training through a server training program approved by the Commission.

 

Businesses with Brewpub and Micro Brewer licenses may deliver beer they manufacture to customers at their homes or designated locations in compliance with MCL 436.1203(12):

• The beer is delivered by the Brewpub’s or Micro Brewer’s own employees.

• The Brewpub or Micro Brewer or its employee who delivers the beer verifies that the individual accepting delivery is at least 21 years of age.

• If the Brewpub or Micro Brewer or its employee intends to provide service to consumers, the Brewpub or Micro Brewer or its employee providing the service has received alcohol server training through a server training program approved by the Commission.

 

A Wine Maker or Small Wine Maker licensee that holds a Direct Shipper license may deliver wine in an original, unopened container to customers at their home if the licensee complies with the conditions of MCL 436.1203(4). Third Party Facilitator Service licensees may deliver beer, wine, or spirits in original, unopened containers on behalf of SDD and SDM licensees to customers at their homes or designated locations in compliance with MCL 436.1203(15) and (16):

• If the Third Party Facilitator Service licensees delivers beer, wine, or spirits, the third party facilitator service verifies that the individual accepting the delivery of the beer, wine, or spirits is at least 21 years of age.

• The retailer or consumer pays the fees associated with deliveries.

• The Third Party Facilitator Service licensees offers services for all brands available at the SDD or SDM licensed location.

 

 

Specially Designated Merchant Licensees Filing Growlers

 

Pursuant to MCL 436.1537(6) and (8), a Specially Designated Merchant (SDM) licensee may fill growlers of beer. The SDM licensee must comply with the requirements for food service establishments under the Food Law of 2000, pursuant to MCL 436.1537(6)(a).

 

Pursuant to MCL 436.1537(8)(b), a growler container that can be filled by an SDM licensee may be any clean, refillable, resealable container that is exclusively intended, and used only, for the sale of beer for consumption off the premises. The capacity of the growler container cannot exceed 1 gallon. Filling of growlers by SDM licensees must comply with the following requirements:

1. The licensee shall not fill a growler in advance of the sale.

2. The licensee shall only fill growlers from another container that has a capacity of 5 gallons or more.

3. The beer to be filled must have a registration number from the Commission pursuant to administrative rule R 436.1611(1)(d).

4. The growler is sealed and a label is affixed that includes the brand name of the beer, the class of beer*, net contents of the container, and the name of the retailer filling the growler.