The Michigan Liquor Control Commission (MLCC) takes much pride in keeping bar and restaurant owners up to date with new changes in law, as well as answering any questions that come along the way as a business owner.  Below you will see most recent commonly asked questions from the MLCC.  We know others might have the same questions, as we have had similar questions asked of our Government Relations team as well.

1. Q: Please explain the requirements for selling wine at farmers markets.  Can anyone do this?

A: Short Answer: NO, there are specific rules and regulations that must be followed, please see below.

Farmer’s Market Permit General Information and Requirements

(MCL 436.1415)

General Information:

The annual permit issued by the Liquor Control Commission is for a qualified Small Wine Maker to conduct free wine tastings and sell, for consumption off the licensed premises, wine produced by that Small Wine Maker at a Farmer’s Market. This permit shall be prominently posted within the approved area.

For the purpose of qualifying for a Farmer’s Market Permit, a qualified Small Wine Maker means a small wine maker who manufactures or bottles not more than 5,000 gallons of wine in one calendar year at all locations in one (1) calendar year, and may also include an out of state winery.

One (1) Permit may be issued for each 1,500 of population in a county where the Farmer’s Market is located.

Tastings and sales shall be limited to an exclusive area that is well-defined and clearly marked and under the control of the permit holder.

The application must include a recommendation of approval for the tastings and sales of wine at the location from the police chief or sheriff who has jurisdiction and the Farmer’s Market manager.

Tasting samples provided to a customer shall not exceed three (3) servings of not more than two (2) ounces of wine in a 24-hour period.

All wine sold or used for tastings shall be furnished by the Small Wine Maker and removed from the Farmer’s Market premises upon conclusion of the Farmer’s Market.

All tastings and sales shall be conducted by employees of the Farmer’s Market Permit who have completed a server training program approved by the Commission.

A licensed Wholesaler is prohibited from conducting or participating in any tastings or sales under this Permit.

A Farmer’s Market Permit issued by the Commission is not transferable.

Requirements:

Complete and submit the “Application for Farmer’s Market Permit” (Form LCC-3020), along with the following:

• The signature from the police chief or sheriff who has jurisdiction where the Farmer’s Market is located.
• $25.00 Permit fee and a $70.00 inspection fee – Make one check or money order payable to the State of Michigan, or the credit card form (attached).
• A map of the Farmer’s Market which clearly shows all booths, stalls or other designated locations where tastings and sales of wine may be conducted by a Small Wine Maker.
• Out of state wineries need to include a copy of the Federal Basic Permit, copy of State license, and copy of the licensing requirements for that state.

If you have questions, contact the Manufacturers and Wholesalers Section at (866) 813-0011, menu option 4.

2.    Q: Must minors be out of my bar/restaurant by 9pm?

A: Not necessarily, MCL 750.141, Section 141 of the Michigan Penal code states that a minor child under 17 years of age shall not be permitted to remain in a dance hall, saloon, barroom or any place where spirituous or intoxicating liquor, wine or beer …is sold unless accompanied by a parent or guardian. The section does not prevent the township, city or village from establishing more stringent regulations. Also, some establishments have made it their own policy to ask minors to leave in the late evening however it is not a rule of the Michigan Liquor Control Commission. Check with your local police department regarding possible local ordinances that address this issue.

3.    Q: Can a licensee give away alcoholic beverages in conjunction with a promotion?

A: MCL 436.2025, Section 1025 (1) of the Michigan Liquor Control Code states ” A vendor shall not give away any alcoholic liquor of any kind or description at any time in connection with his or her business, except manufacturers for consumption on the premises only.”