Michigan Liquor Control Commission Speeds Up Outdoor Permission Process

New consent agenda saves between 6 to 8 weeks of processing time.

As cold as it is, spring and summer are on their way! The Michigan Liquor Control Commission (MLCC) began last year a new consent agenda permission process allowing for quicker turnaround time for outdoor service requests from existing on-premises locations. This was another step further in the consent agenda process that was started at the MLCC over two years ago.

Previously, outdoor service permissions were applied for and assigned to an Enforcement Investigator as the initial step of the investigation process. Investigators, on most occasions, have an extensive caseload of priority investigations and complaints that would restrict their ability to contact the establishment, conduct the investigation, and submit the investigative report on the outdoor service request. The next steps in the process were to forward the investigation to the Licensing Division for review and completeness, preparation for consideration by the Commission, and docketing the request for a Licensing Meeting. The last steps in the process were to prepare an Order of the Commission, release the Commission Order, and completion of a final inspection by the Enforcement Division.

“This consent agenda makes it more efficient and faster when compared to the former procedure,” said Andrew Deloney, Chairman of the MLCC. “This arguably saves between 4 to 8 weeks of processing time and is yet another expansion of the quick and easy consent agenda process which we started over a year ago. The process has been great, it’s allowing for quick and easy approvals, and now we’re expanding it further with this new opportunity.”

In order for a licensee to be considered for the outdoor service permission consent agenda, the licensee must submit the following information:

• Outdoor Service Application for Permission
• A detailed diagram of the currently licensed premises which includes the proposed Outdoor Service area. Exact measurements of the proposed Outdoor Service area must be included. Ingress/Egress must be included on the diagram. The licensee must describe how the proposed area will be well-defined and clearly marked.
• The proposed Outdoor Service area must be directly adjacent (connected) to the licensed premises with direct access to the proposed area.
• A property document that indicates that the licensee has control over the proposed area, i.e. warranty deed, lease agreement, letter or resolution from the local governmental unit indicating that the licensee has permission to use the municipally owned area, etc.

The request will then be submitted and put on the consent agenda if the following is met:

• The licensee does not have any pending violations
• The licensee is currently in good standing and the license is not currently in escrow
• The Commission is provided with a completed application
• The Commission is provided with a detailed diagram with exact measurements and ingress/egress markings
• The Commission is provided with a property document which indicates the licensee’s control over the proposed area
• The proposed Outdoor Service area is adjacent (connected) to the currently licensed premises and is directly accessed from within the establishment
• The proposed Outdoor Service area is not accessed by crossing an easement or thoroughfare
• The proposed Outdoor Service area does not exceed 10,000 square feet
• The proposed Outdoor Service area is not near a body of water, a sporting venue, or activities such as horseshoes, volleyball, softball, etc.

If the application does not qualify for the Consent agenda, an investigation by the Commission’s Enforcement Division will be conducted.

Under the new consent agenda process, if no issues exist, the licensee may be approved for this permission within 1-3 business days, which is subject to a final inspection by the Commission’s Enforcement Division.

There is no fee required for this permission or the new expedited process.

For more information about the MLCC, please visit www.michigan.gov/lcc. Follow us on Twitter www.twitter.com/MILiquorControl, “Like” us on Facebook.

Michigan Department of Licensing and Regulatory Affairs, P.O. Box 30004, Ottawa Bldg., 4th Floor, Lansing, MI 48909 – LARA is an equal opportunity employer/program