Brief MLCC Updates from the Month of January
- January 31, 2013
- Michael A. Brower
- No comments
Last June, we discussed the Commission’s decision to eliminate the local government approval requirement for transfers of on-premise licenses. In our eyes, this change is beneficial insofar as it has helped mitigate the delay caused by requiring local government/law enforcement approvals before the investigation stage of an application. While we do not expect the process to change in the near future, we would note that not all local governments are pleased with the Commission’s decision. In fact, local leaders in Novi are so displeased with their lack of involvement in transfer applications that they have asked their representatives to change the law, so that local governments may once again assert some power over the transfer process. Although we are firm believers in keeping control in the hands of local governments whenever feasible, we hope that the status quo continues for the sake of expediency.
General Notes on License Transfer Timeframes:
In the article referenced above, Chairman Andy Deloney noted that the average timetable for a license transfer is current 300 days. While our transfers over the past year have, on average, taken much longer than in the past, none of our transfers have taken a full 300 days from the date of the initial application (perhaps we were lucky!). We would also note things seem to be moving slightly faster in Lansing over the past several months. While the process is still much slower than it need be, we believe that continued efforts on the part of the current Commission may be leading to decreased transfer times.
The legislative changes that are currently being discussed (several were discussed last year and have been reintroduced):
- Permitting Class C/SDM licensees to refill growlers
- A license for the sale & tasting of wine at farmer’s markets
- Prohibition on the issuance of a retail liquor license within 500 ft of a preschool (in addition to other schools that are already covered)
- Issuance of conditional liquor licenses
*These brief MLCC updates and thoughts herein are provided by the Liquor Lawyers at Stariha & Brower, PLC. As always, we remind readers that 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 blog 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.