• What are my options if I receive a liquor violation?

• Do I need an attorney at my violation hearing?

• When will I receive the results from my violation hearing?

• How much is the fine for a sales to minor violation?

• How much are fines for other types of violations?

• What will happen if I do not show up at my violation hearing?

• If my license is suspended because of a violation must I close my business down?

• What can I do if I am denied a license by the Commission?

• How can I get an MLCC Rule book?

• Who can I contact about server training?

• Who do I contact to report a store or restaurant allegedly violating the law?

• Why do I have a violation for an NSF check if I have already paid the bad check?

What are my options if I receive a liquor violation?

If you do not want to contest the charges and do not need to speak personally with a Commissioner or Administrative Law Judge, you may acknowledge responsibility for the charges by having the licensee or corporate officer sign the back of the Complaint form. Include any mitigating circumstances you feel are relevant to your case and return the form to the Commission offices in Lansing. However, in doing so you waive your right to a hearing before the Commission and an Order will be entered without a formal hearing.

If you wish to contest the charge, do not sign and return the Complaint form. A hearing will automatically be scheduled and you will be notified of the date, time and location of the hearing.

Do I need an attorney at my violation hearing?

Nothing requires you to retain an attorney. However, you do have the right to be represented by legal counsel should you choose to do so.

When will I receive the results of my violation hearing?

An acknowledged violation generally requires 2 - 3 weeks to receive a penalty assignment from the Commission. Violation hearings require more time, and a Commissioner or Administrative Law Judge is allowed 45 days from the hearing date in which to issue an Order. If you have not received an Order in 45 days you may contact the Hearings and Appeals Division at 517-322-1390 to inquire about the Order. Please have your violation number available when calling the office.

How much is the fine for a sales to minor violation?

The fine can be up to $1,000. The Commissioner or Administrative Law Judge assessing the penalty will also consider how long the license has been issued, past violation history, age of the underage patron and other mitigating circumstances. Your license can also be suspended or revoked and the Commission does practice progressive discipline.

In those cases where a licensee has been found liable for selling alcoholic beverages to an underage or intoxicated person on three separate occasions over a two year period, the Commission is required by law to hold a penalty hearing in addition to the hearings for each violation, and must order either a suspension or the revocation of a license.

How much are fines for other types of violations?

Fines for sale to an intoxicated person are up to $1,000, other violations run up to $300. Again, consideration is given to the period of licensure, past violation history, the nature and severity of the offense and other mitigating circumstances. There is also the possibility of license suspension or revocation and progressive discipline factors.

What will happen if I do not show up at my violation hearing?

If appearance by the licensee is not made at a scheduled violation hearing, the Commissioner or Administrative Law Judge has several options:

• 1. Grant an adjournment without testimony being taken.

• 2. Order testimony taken and then adjourn the hearing until rescheduled.

• 3. Order the immediate suspension of the license until a proper appearance is made at a rescheduled hearing.

• 4. Issue a decision of default.

• 5. Proceed with the hearing and render a decision.

  
  In connection with (2), if a licensee desires to cross-examine the commission witnesses who have already testified, the commission witnesses shall be produced by, and at the expense of, the licensee.

If my license is suspended because of a violation must I close my business down?

No, you do not have to close your business. The only restriction is that you may not sell any alcohol product for the period of the suspension.

What can I do if I am denied a license by the Commission?

If a license application is denied, the applicant may request an Appeal Hearing. The request must be made to the Lansing office of the commission within 20 days of the date the denial decision was mailed.

How can I get an MLCC Rule book?

Copies of the Michigan Liquor Control Code of 1998 are available for a $5.00 fee at any of the Commission's District Offices. You may also request a copy by mail by sending a check made payable to the State of Michigan to the Liquor Commission, 7150 Harris Drive, P.O. Box 30005, Lansing, MI 48909.

Who can I contact about server training?

MLCC approved server training programs for on premises licensees are: Techniques for Alcohol Management (TAM®) at 1-800-292-2896 operated by the Michigan Licensed Beverage Association (www.mlba.org), Training for Intervention Procedures (TIPS®) at 1-800-438-8477 (www.gettips.com), C.A.R.E.® - Controlling Alcohol Risks Effectively at 1-800-344-3320 (www.ei-ahla.org), or The Michigan Restaurant Association's ServSafe Alcohol program at 1-800-968-9668 (www.michiganrestaurant.org).

Who do I contact to report a store or restaurant I think is violating the law?

Contact the Enforcement Division in Lansing at 517-322-1370 or toll free at 1-866-893-2121. You may also report a violation through our web page (www.michigan.gov/lcc) or contact any of the other three district offices in Farmington, Grand Rapids, and Escanaba listed on our web site under Inside LCC, Contact LLC.

Why do I have a violation for an NSF check if I have already paid the bad check?

Regardless of whether the check has now been paid, writing a NSF check to the State of Michigan is a violation of the administrative rules of the Commission.