state of michigan department of licensing and …€¦ · at a meeting held on october 19, 2016,...

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

* * * * *

In the matter of the request of ) ) BEIRUT LIQUOR, INC. ) Request ID No. 820359 214 W. 7 Mile Rd. ) Detroit, Michigan 48203 ) ) Wayne County ) ) At the December 8, 2016 hearing of the Michigan Liquor Control Commission

(Commission) in Southfield, Michigan.

PRESENT: Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

LICENSING APPEAL ORDER On January 6, 2016, Beirut Liquor, Inc. (applicant) filed a request to transfer

ownership of the 2015 Specially Designated Distributor and Specially Designated Merchant

licenses with Sunday Sales Permit (P.M.) from James Hermize, Inc., at the above-noted

address.

Article IV, Section 40, of the Michigan Constitution (1963), permits the legislature to

establish a Liquor Control Commission, which shall exercise complete control of the

alcoholic beverage traffic within this state, including the retail sales thereof, subject to

statutory limitations. MCL 436.1201(2) provides the Commission with the sole right, power,

and duty to control the alcoholic beverage traffic and traffic in other alcoholic liquor within

this state, including the manufacture, importation, possession, transportation and sale

thereof.

At a meeting held on September 23, 2016, the Commission denied this request

under administrative rule R 436.1105(2)(a) based on the prior operating record of applicant

stockholder, Hermiz Bashi, who was previously licensed from September 1987 to July 1989

and found responsible for a 1988 violation of allowing the sale, possession, or use of

cocaine on the licensed premises. The Commission ordered that license revoked unless

Request ID No. 820359 transferred to a person approved by the Commission. Commission records indicate that

the license was transferred to a different entity in July 1989.

The request was also denied under administrative rule R 436.1105(2)(j) after

considering the effects that issuance of a license would have on the health, welfare, and

safety of the general public when determining whether an applicant should be issued a

license or permit.

Hermiz Bashi submitted a timely request for an appeal in this matter and

represented the applicant at the December 8, 2016 hearing, held at the Commission’s

Southfield office.

After hearing arguments, reviewing the MLCC file with updated documents

submitted, and discussion of the issue on the record, the Commission finds that this

application should be returned to Commission staff for further processing.

THEREFORE, IT IS ORDERED that the denial order of September 23, 2016 issued

in this matter is REVERSED and this application is REMANDED to Commission staff for

further processing.

MICHIGAN LIQUOR CONTROL COMMISSION

Teri L. Quimby, Commissioner


Date Mailed: December 22, 2016

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STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) FIFTH AVENUE WEST LLC ) Request ID No. 822541 2941 Howard St. ) Kalamazoo, Michigan 49006 ) ) Kalamazoo County ) ) At the December 15, 2016 hearing of the Michigan Liquor Control Commission


PRESENT: Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner Dennis Olshove, Commissioner

LICENSING APPEAL ORDER On February 17, 2016, Fifth Avenue West LLC (applicant) filed a request to transfer

ownership of escrowed 2015 Class C license with two (2) Bars, Sunday Sales Permit

(P.M.), Dance-Entertainment Permit, and Specific Purpose Permit (Food) from Mac

Enterprises, Inc., at the above-noted address. The applicant also requested a new Sunday

Sales Permit (A.M.); and authorization for the outdoor sale, service, and consumption of

alcoholic beverages in an area measuring up to 10’ x 23’ x 44’, which is irregularly shaped,

located directly adjacent to the licensed premises, and which is well-defined and clearly

marked.







thereof.

Request ID No. 822541 Page 2

At a meeting held on September 7, 2016, the Commission denied this request under

administrative rule R 436.1103(2) because the applicant failed to provide all information

and documents necessary to complete the investigation of this application.

Attorney Anthony Yezbick, who is also an applicant member, submitted a timely

request for an appeal in this matter and represented the applicant at the December 15,

2016 hearing, held at the Commission’s Southfield office.

After hearing arguments, reviewing the MLCC file, and discussion of the issue on

the record, the Commission finds that this application should be returned to Commission

staff for further processing.

THEREFORE, IT IS ORDERED that the denial order of September 7, 2016 issued

in this matter is REVERSED and this application is REMANDED to Commission staff for

further processing.


Andrew J. Deloney, Chairman



Date Mailed: December 22, 2016

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STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) G’S INVESTMENTS, LLC ) Request ID No. 848190 1014 W. Anderson Rd. ) Linwood, Michigan 48634 ) ) Garfield Township Bay County ) ) At the December 6, 2016 hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.

PRESENT: Andrew J. Deloney, Chairman Teri L. Quimby, Commissioner Dennis Olshove, Commissioner

LICENSING APPEAL ORDER

On May 17, 2016, G’s Investments, LLC (“applicant”) filed a request to transfer

ownership of the 2016 Specially Designated Merchant license with permission for motor

vehicle fuel pumps on or adjacent to the licensed premises issued under MCL 436.1541(3)

and Sunday Sales Permit (A.M.) from D’s Corner Market, LLC, at the above-noted location.

This request also corrects the records to reflect that the permission for motor vehicle fuel

pumps are now issued under MCL 436.1541(6).







Request ID No. 848190 Page 2 thereof.

The applicant is authorized to do business in Michigan, as required under MCL

436.1535 for licensure. Under MCL 436.1537(1)(f) the licensee may sell beer and wine

may be sold for consumption off the premises only.

At a meeting held on October 19, 2016, the Commission denied this request under

administrative rule R 436.1105(2)(a) after considering the current operating record of the

applicant while operating under a management agreement at the subject business since

June 10, 2016. Commission records reflect that on July 13, 2016, an 18-year old decoy

was sold alcoholic liquor and the licensee was found responsible for same; which is

contrary to MCL 436.1801(2).

The request was also denied under administrative rule R 436.1105(2)(j) after



license or permit.

Thomas Basil, legal counsel on behalf of the applicant, submitted a timely request

for an appeal in this matter and represented the applicant at the December 6, 2016

hearing, held at the Commission’s Lansing office.


the record, the Commission finds that the applicant sufficiently demonstrated a course of

action has been taken to assist in preventing further violations of the Michigan Liquor

Control Code and Administrative Rules.

For the reasons stated on the record, the Commission finds sufficient reasons to

reverse its denial issued in this matter and to approve the applicant’s request.

THEREFORE, IT IS ORDERED that:

A. The denial order of October 19, 2016 issued in this matter is reversed and the

applicant’s request to transfer ownership of the 2016 Specially Designated Merchant

license from D’s Corner Market, LLC at the subject location is APPROVED, subject to the

Request ID No. 848190 Page 3 following:

1. Pursuant to administrative rule R 436.1050, this approval is valid for

two (2) years from the date of this approval order unless the

Commission has been provided with a notice of pending litigation

involving the application.

2. The licensee shall pay all license fees by April 30th each year

pursuant to administrative rule R 436.1107.

3. The licensee shall submit to the Commission an acceptable and

executed lease agreement.

4. The licensee shall submit to the Commission form LC-95 (Proof of

Financial Responsibility).

5. The licensee shall maintain proof of financial responsibility, under

MCL 436.1803.

6. The licensee shall submit to the Commission form LCC-301 (Report

of Stockholders/Members/Partners).

7. The licensee shall submit to the Commission form LCC-107 (Closing

Form for New License or License Sale).

8. The licensee has a continuing duty to provide the Commission with

up-to-date contact information and must notify the Commission in

writing of any changes to its mailing address, phone numbers,

electronic mail address, and other contact information it provides the

Commission, pursuant to administrative rule R 436.1048(2).

B. The applicant’s request for permission for motor vehicle fuel pumps on or

adjacent to the licensed premises under MCL 436.1541(6) is APPROVED subject to

compliance with the requirements contained therein.

C. The applicant’s request to transfer the existing Sunday Sales Permit (A.M.) is

APPROVED pursuant to Public Act 213 of 2010, MCL 436.2111-2115. This permit is

subject to revocation by operation of law or otherwise if the Commission receives notice

Request ID No. 848190 Page 4 from a county, city, village, township, or the local governmental unit, that it prohibits or

otherwise objects to the sale of spirits, mixed spirit drink or beer and wine between the

hours of 7:00 A.M. and 12:00 Noon on Sundays. If notice and supporting documentation is

received by the Commission a Show Cause Hearing will be scheduled before the

Commission under administrative rule R 436.1925(1) to determine if the permit must be

revoked.

D. Under administrative rule R 436.1003(1), the licensee shall comply with all

state and local building, plumbing, zoning, sanitation, and health laws, rules, and

ordinances as determined by the state and local law enforcement officials who have

jurisdiction over the licensee. Under administrative rule R 436.1003(2), a licensee shall not

use a license at the licensed premises unless a temporary or permanent certificate of

occupancy has been issued by the local unit of government having jurisdiction over the

location of the licensed premises or the licensed premises complies with administrative rule

R 436.1003(1). Approval by the Michigan Liquor Control Commission does not waive

these requirements. The licensee must obtain all other required state and local licenses,

permits, and approvals before opening the business for operation.

E. Failure to comply with all requirements of licensure in the State of Michigan

will result in the licensee being charged with a violation of the Michigan Liquor Control

Code, Administrative Rules, and Commission order, which may result in fines, suspension,

and/or revocation of the license and permit.






Date Mailed: February 16, 2017

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STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) NS PETROLEUM INC ) Request ID No. 848196 41963 M 43 ) Paw Paw, Michigan 49079 ) ) Waverly Township Van Buren County ) ) At the December 13, 2016 hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.

PRESENT: Andrew J. Deloney, Chairman Teri L. Quimby, Commissioner Dennis Olshove, Commissioner


On May 17, 2016, NS Petroleum Inc (“applicant”) filed a request for a new Specially

Designated Distributor license at the above-noted address. The applicant also requested a

waiver of MCL 436.1533(4) because there is no Specially Designated Distributor licensee

located within 2 miles of the applicant’s location; requested a new Sunday Sales Permit

(P.M.); and new permission to maintain motor vehicle fuel pumps on or adjacent to the

licensed premises under MCL 436.1541(4); to be held in conjunction with existing 2016

Specially Designated Merchant license with Sunday Sales Permit (A.M.) and permission to

maintain motor vehicle fuel pumps on or adjacent to the licensed premises under MCL

436.1541(3). This request also corrects the records to reflect that the permission for motor

vehicle fuel pumps for the Specially Designated Merchant license are now issued under

MCL 436.1541(6).





Request ID No. 848196 Page 2 and duty to control the alcoholic beverage traffic and traffic in other alcoholic liquor within


thereof.


436.1535 for licensure. Under MCL 436.1537(1)(f) and (g) the licensee may sell spirits,

mixed spirit drink, beer and wine sold for consumption off the premises only.

At a meeting held on November 9, 2016, the Commission denied this request under

MCL 436.1203 and administrative rule R 436.1105(2)(a) after considering the management

experience of applicant member, Narinder Singh, at Lawrence Party Store Inc., where Mr.

Singh sold alcohol to a minor decoy on November 8, 2015 when there was not a valid

liquor license at that location.

The request was also denied under MCL 436.2003 and administrative rule R

436.1105(2)(g) after considering the prior conviction record of Narinder Singh and his

failure to report same during the processing of this application.

Further, the request was denied under administrative rule R 436.1105(2)(j) after



license or permit.

Michael Brown, legal counsel on behalf of the applicant, submitted a timely request

for an appeal in this matter and represented the applicant at the December 13, 2016

hearing, held at the Commission’s Lansing office.


the record, the Commission finds that the applicant adequately answered all previous

questions and concerns with this application.




A. The denial order of November 9, 2016 issued in this matter is reversed and

the applicant’s request for a new Specially Designated Distributor license at the subject

Request ID No. 848196 Page 3 location, and request for a waiver of MCL 436.1533(4) is APPROVED, subject to the

following:







3. The licensee shall submit to the Commission two (2) photographs of

the licensed premises; one (1) interior and one (1) exterior pursuant to

administrative rule R 436.1137.




MCL 436.1803.





8. The licensee has a continuing duty to provide the Commission with

up-to-date contact information and must notify the Commission in

writing of any changes to its mailing address, phone numbers,

electronic mail address, and other contact information it provides the

Commission, pursuant to administrative rule R 436.1048(2).

B. The applicant’s request for permission for motor vehicle fuel pumps on or

adjacent to the licensed premises under MCL 436.1541(6) is APPROVED subject to

compliance with the requirements contained therein.

C. The applicant’s request to transfer the existing Sunday Sales Permit (P.M.) to

sell alcoholic liquor after 12:00 Noon on Sundays is APPROVED, subject to the following:


1. A reference to the time of day includes daylight savings time, when

observed.

2. This permit is subject to revocation by operation of law or otherwise if

the Commission receives notice from a county, city, village or

township that it prohibits the sale of spirits, mixed spirit drink, or beer

and wine during the time authorized by this permit.

D. Under administrative rule R 436.1003(1), the licensee shall comply with all










E. Failure to comply with all requirements of licensure in the State of Michigan



and/or revocation of the license and permit.






Date Mailed: February 17, 2017

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STATE OF MICHIGAN


* * * * *

In the matter of the request of RAKOON DETROIT LLC 51 Harper Ave. Detroit, MI 48202 Wayne County

) ) ) ) ) ) )

Request ID No. 851164

At the December 6, 2016 hearing of the Michigan Liquor Control Commission

(Commission) in Lansing, Michigan.



LICENSING APPEAL ORDER On June 22, 2016, Rakoon Detroit LLC (“applicant”) filed a request to transfer

ownership of the escrowed 2016 Class C license with Sunday Sales Permit (P.M.) from B

& R Enterprises II, Inc. The applicant also requested to transfer location (governmental

unit) under MCL 436.1531(1) from 2100 N Haggerty Rd., Canton, Canton Township,

Wayne County to the above-noted address; and requested a new Specially Designated

Merchant license; new Sunday Sales Permit (A.M.); new Dance-Entertainment Permit;

permission to maintain one (1) new Direct Connection to unlicensed premises (second floor

storage); new authorization for the outdoor sale, service, and consumption of alcoholic

beverages in an area measuring up to 20’ x 40’, located directly adjacent to the licensed

premises, and which is well-defined and clearly marked; and consideration of licensing

under the provisions of administrative rule R 436.1121(2)(f).



Request ID No. 851164 Page 2 alcoholic beverage traffic within this state, including the retail sales thereof, subject to




thereof.


436.1535 for licensure. Under MCL 436.1537(1)(b), the licensee may sell beer, wine,

mixed spirit drink and spirits for consumption on the premises. Under MCL 436.1537(1)(f)

the licensee may sell beer and wine may be sold for consumption off the premises only.

At a meeting held on October 12, 2016, the Commission denied this request under

administrative rules R 436.1103(2) and R 436.1105(1)(b) because the applicant failed to

provide all information required to complete the investigation and processing of the

application, including proof of adequate and verifiable documentation regarding the

financial resources to be used for this transaction.

John Doyle, legal counsel on behalf of the applicant, submitted a timely request for

an appeal in this matter and represented the applicant at the December 6, 2016 hearing,

held at the Commission’s Lansing office.

After hearing arguments, reviewing the MLCC file and documents presented, and

discussion of the issue on the record, the Commission finds that the applicant sufficiently

demonstrated through testimony and submission of updated documents that the previous

questions concerning this application have been satisfactorily addressed.




A. The denial order of October 12, 2016 issued in this matter is reversed and the

applicant’s request to transfer ownership of escrowed 2016 Class C license from B & R

Enterprises II, Inc.; and consideration of licensing under the provisions of administrative

rule R 436.1121(2)(f) is APPROVED, subject to the following:








3. The licensee shall submit to the Commission documentary proof that

Rakoon Detroit LLC received a loan in the amount of $15,000.00 from

applicant member, Tomas Jelinek.



money lender, Hawk Associates Inc.



money lender, David Jelinek, son of applicant member, Tomas

Jelinek.

6. The licensee shall submit to the Commission a copy of a signed land

contract, real estate mortgage, warranty deed, or quit claim deed. A

Real Estate Transfer Tax Valuation Affidavit must be provided, if the

deed does not list the actual purchase price.




MCL 436.1803.





11. The licensee shall provide documentary proof to the Commission to

demonstrate that, at a minimum, supervisory personnel on each shift


and during all hours in which alcoholic liquor is served have

successfully completed a server training program approved by the

Commission as required under MCL 436.1501(1), within 180 days

from the issuance of the licenses and permits, as provided in


a. The licensee shall maintain active certification of completion

for server training on the licensed premises at all times as

provided in administrative rule R 436.1060.

b. Failure to provide this documentary proof to the Commission

within 180 days of the issuance of the license shall result in

the licensee being charged with failure to comply with this

order, under administrative rule R 436.1029, which may result

in fines, suspension and/or revocation of the licenses and

permits.

B. The applicant’s request to transfer location (governmental unit) under MCL

436.1531(1) of the Class C license from 2100 N Haggerty Rd., Canton, Canton Township,

Wayne County, to 51 Harper Ave., Detroit, Wayne County, is APPROVED.


sell alcoholic liquor for consumption on the premises after Noon on Sundays is

APPROVED, subject to the following:


observed.


the Commission receives notice from a county, city, village, or



D. The applicant’s request for a new Specially Designated Merchant license is

APPROVED.

E. The licensee's request for a new Sunday Sales Permit (A.M.) to sell alcoholic

liquor between 7 A.M. and Noon on Sundays, as currently licensed by the Liquor Control

Request ID No. 851164 Page 5 Commission, is APPROVED pursuant to Public Act 213 of 2010, MCL 436.2111-2115.

This permit is subject to revocation by operation of law or otherwise if the Commission

receives notice from a county, city, village, township, or the local governmental unit, that it

prohibits or otherwise objects to the sale of spirits, mixed spirit drink or beer and wine

between the hours of 7 A.M. and Noon on Sundays. If notice and supporting

documentation is received by the Commission, a show cause hearing will be scheduled

before the Commission under administrative rule R 436.1925(1) to determine if the permit

must be revoked. F. The applicant’s request for a new Dance-Entertainment Permit is


1. The licensee must have a well-defined and clearly marked dance floor

that is 100 square feet or larger under administrative rule R 436.1415.

2. The licensee is prohibited from having tables, chairs, or other

obstacles on the dance floor while customers are dancing.

G. The applicant’s request for permission to maintain one (1) new Direct

Connection to unlicensed premises (second floor storage) is APPROVED.

H. The applicant’s request for authorization for the outdoor sale, service, and

consumption of alcoholic beverages in an area measuring up to 20’ x 40’, located directly

adjacent to the licensed premises, and which is well-defined and clearly marked is


1. The outdoor service area shall remain well-defined and clearly

marked.

2. The licensee shall permit the sale, service and consumption of

alcoholic liquor outdoors in the defined area only.

3. The licensee is prohibited from allowing the sale, service, possession

or consumption of alcoholic beverages in any portion of the approved

outdoor service area designated for the playing of sporting activities or

for sporting events, including any break or intermission.

I. Under administrative rule R 436.1003(1), the licensee shall comply with all


Request ID No. 851164 Page 6 ordinances as determined by the state and local law enforcement officials who have








J. Failure to comply with all requirements of licensure in the State of Michigan



and/or revocation of the licenses and permits.





Date Mailed: January 24, 2017

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STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) RIDER ENTERPRISE, LLC ) Request ID No. 849637 1140 Monroe Ave NW ) Ste 2104 ) Grand Rapids, Michigan 49503 ) ) Kent County ) ) At the December 6, 2016 hearing of the Michigan Liquor Control Commission

(Commission) in Lansing, Michigan.



LICENSING APPEAL ORDER On June 3, 2016, Rider Enterprise, LLC (applicant) filed a request to transfer

ownership of the escrowed 2016 Specially Designated Distributor and Specially Designated

Merchant licenses with Sunday Sales Permit (P.M.) and Beer and Wine Sampling Permit

from OJM Party Store Inc., at the above-noted address. The applicant also requested a

new Sunday Sales Permit (A.M.). This request also changes the Beer and Wine Sampling

Permit to a Beer and Wine Tasting Permit, and corrects the address from Ste 3 to Ste

2104.

Commission records indicate that the applicant also requested conditional Specially

Designated Distributor and Specially Designated Merchant licenses under MCL

436.1525(6) and the Commission approved same on September 23, 2016. To date, the

conditional licenses have not been issued.


Request ID No. 849637 Page 2 establish a Liquor Control Commission, which shall exercise complete control of the





thereof.


436.1535 for licensure. Under MCL 436.1537(1)(f) and (g), the licensee may sell beer,

wine, mixed spirit drink and spirits for consumption off the premises, only. At a meeting held on November 2, 2016, the Commission denied this request under

administrative rules R 436.1041(1) and R 436.1105(1)(b) based on the documents and

financial information provided because it appears the applicant is attempting to obtain a

license for the use and benefit of Ajay Sehgal, spouse of applicant member, Sunita Sehgal,

because the funds for the applicant member’s capital contribution for this transaction

appeared to be coming solely from Ajay Sehgal. Commission records reflect that Ajay

Sehgal is licensed as a member of Saheel, LLC (2 licensed locations) and Sehgal

Enterprises, L.L.C. and has been found responsible for multiple violations; including, but

not limited to, two (2) violations of the sale of alcoholic liquor to intoxicated patrons and two

(2) violations of the sale of alcoholic liquor to a minor (ages 18 and 19); contrary to MCL

436.1801(2); and one (1) violation for failing to distribute spirits in the original package by

separating value added packages.

Michael Brown, legal counsel on behalf of the applicant, submitted a timely request

for an appeal in this matter and represented the applicant at a hearing held on December

6, 2016, at the Commission’s Lansing office.

After hearing arguments, reviewing the MLCC file with updated documents

submitted, and discussion of the issue on the record, the Commission finds that the

applicant provided documentation from Chemical Bank dated November 10, 2016

indicating that Sunita Sehgal maintains a deposit account and line of credit with adequate

Request ID No. 849637 Page 3 funds necessary for this transaction. The Commission further finds that testimony was

provided at the hearing indicating that Ajay Sehgal will have no involvement in the business

operation.





the applicant’s request to transfer ownership of the escrowed 2016 Specially Designated

Distributor and Specially Designated Merchant licenses from OJM Party Store Inc. at the

subject address is APPROVED, subject to the following:








applicant member, Sunita Sehgal, received $108,000.00 from her line

of credit from Chemical Bank.




MCL 436.1803.






8. The licensee shall submit to the Commission the remaining Specially

Designated Distributor license and/or permit fees in the amount of

$1,262.70, pursuant to MCL 436.1525(1)(k).

B. The applicant’s request to transfer the existing Sunday Sales Permit (P.M.) to




observed.





C. The applicant’s request to transfer the existing Beer and Wine Tasting Permit

is APPROVED, subject to the following:

1. No charges for the tasting of the beer and wine are allowed under

MCL 436.1537(5)(a).

2. The tasting samples provided to a customer must not exceed 3

servings at up to 3 ounces per serving of beer or 3 servings at up to 2

ounces of wine under MCL 436.1537(5)(b).

3. A customer must not be provided with more than a total of 3 samples

of beer or wine within a 24-hour period per licensed premises under

MCL 436.1537(5)(b).

4. The Commission must be notified, in writing, a minimum of 10 working

days prior to the event, regarding the date, time, and location of the

event MCL 436.1537(5)(d).

5. Under MCL 436.1537(6), during the time the permitted beer or wine

tasting is conducted, the applicant-permit holder, or its agent or

employee who has successfully completed a server training program


as provided for in MCL 436.1906, shall devote full time to the beer

and wine tasting activity and shall perform no other duties including

the sale of alcoholic liquor for consumption off the licensed premises.

6. Beer and wine used for the permitted tasting must come from the

specially designated merchant’s (SDM’s) inventory under MCL 436.

1537(6), and all open bottles must be removed from the premises on

the same business day or resealed and stored in a locked, separate

storage compartment on the licensed premises when not being used

for the activities allowed by the Permit.

7. The Permit holder must prohibit a wholesaler from conducting or

participating in the beer and wine tastings under MCL 436.1537(7).

8. A permitted beer and wine tasting must be conducted during the legal

hours for sale of alcoholic liquor by the licensee under MCL

436.1537(8).

D. The applicant’s request for a new Sunday Sales Permit (A.M.) to sell

alcoholic liquor for consumption on the premises between 7 A.M. and Noon on Sundays is

APPROVED, pursuant to Public Act 213 of 2010, MCL 436.2111-2115. This permit is

subject to revocation by operation of law or otherwise if the Commission receives notice

from a county, city, village, township, or the local governmental unit, that it prohibits or

otherwise objects to the sale of spirits, mixed spirit drink or beer and wine between the

hours of 7 A.M. and Noon on Sundays. If notice and supporting documentation is received

by the Commission, a show cause hearing will be scheduled before the Commission under

administrative rule R 436.1925(1) to determine if the permit must be revoked.

E. Under administrative rule R 436.1003(1), the licensee shall comply with all





Request ID No. 849637 Page 6 occupancy has been issued by the local unit of government having jurisdiction over the





F. Failure to comply with all requirements of licensure in the State of Michigan









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STATE OF MICHIGAN


* * * * *

In the matter of the request of ROCKY’S PUB LLC 12830-12850 Sibley Rd. Riverview, MI 48193 Wayne County

) ) ) ) ) ) )

Request ID No. 848859

At the December 15, 2016 hearing of the Michigan Liquor Control Commission




LICENSING APPEAL ORDER On May 26, 2016, Rocky’s Pub LLC (applicant) filed a request to transfer ownership

of the escrowed 2016 Class C license from Odessa Blues, LLC. The applicant also

requested to transfer location (governmental unit) under MCL 436.1531(1) from 13016 E 7

Mile Rd, Detroit, Wayne County, to the above-noted address; and requested a new

Specially Designated Merchant license; new Sunday Sales Permit (P.M.); new Dance-

Entertainment Permit; and two (2) new Additional Bars (for a total of 3 Bars).







thereof.

Request ID No. 848859 Page 2 The applicant is authorized to do business in Michigan, as required under MCL

436.1535 for licensure. Under MCL 436.1537(1)(b), the licensee may sell beer, wine,

mixed spirit drink and spirits for consumption on the premises. Under MCL 436.1537(1)(f)

the licensee may sell beer and wine may be sold for consumption off the premises only.

At a meeting held on November 2, 2016, the Commission denied this request under

administrative rules R 436.1105(2)(a) and R 436.1105(2)(c) after considering the

management experience in the alcoholic liquor business and general business reputation

of the applicant who previously held licenses at the subject location from May 24, 2013 to

May 1, 2014.

Commission records indicate that the applicant was found responsible for three (3)

violations for writing non-sufficient funds checks to the Commission totaling $1,004.91;

which is contrary administrative rule R 436.1059. Furthermore, the applicant’s license at

this location was terminated under MCL 436.1501(2) and administrative rule R 436.1107

effective May 1, 2014 for failure to renew the license, which also resulted in a June 6, 2014

violation or selling alcohol after failing to renew the license. Gary Smith, co-applicant member, submitted a timely request for an appeal in this

matter and represented the applicant at the December 15, 2016 hearing, held at the

Commission’s Southfield office.


the record, the Commission finds that the applicant sufficiently demonstrated a course of

action has been taken to assist in preventing further violations of the Michigan Liquor

Control Code and Administrative Rules.





the applicant’s request to transfer ownership of escrowed 2016 Class C license from

Odessa Blues, LLC is APPROVED, subject to the following:












4. The licensee shall submit to the Commission the remaining permit

fees in the amount of $402.50.




MCL 436.1803.





9. The licensee shall provide documentary proof to the Commission to

demonstrate that, at a minimum, supervisory personnel on each shift

and during all hours in which alcoholic liquor is served have

successfully completed a server training program approved by the

Commission as required under MCL 436.1501(1), within 180 days

from the issuance of the licenses and permits, as provided in


a. The licensee shall maintain active certification of completion

for server training on the licensed premises at all times as

provided in administrative rule R 436.1060.


b. Failure to provide this documentary proof to the Commission

within 180 days of the issuance of the license shall result in

the licensee being charged with failure to comply with this

order, under administrative rule R 436.1029, which may result

in fines, suspension and/or revocation of the licenses and

permits.

B. The applicant’s request to transfer location (governmental unit) under MCL

436.1531(1) of the Class C license from 13016 E 7 Mile Rd, Detroit, Wayne County to

12830-12850 Sibley Rd., Riverview, Wayne County, is APPROVED.

C. The applicant’s request for a new Specially Designated Merchant license is

APPROVED.

D. The applicant’s request for a new Sunday Sales Permit (P.M.) to sell

alcoholic liquor for consumption on the premises after Noon on Sundays is APPROVED,

subject to the following:


observed.





E. The applicant’s request for a new Dance-Entertainment Permit is


1. The licensee must have a well-defined and clearly marked dance floor

that is 100 square feet or larger under administrative rule R 436.1415.

2. The licensee is prohibited from having tables, chairs, or other

obstacles on the dance floor while customers are dancing.

F. The applicant’s request for two (2) new Additional Bars (for a total of 3 Bars)

is APPROVED.

G. Under administrative rule R 436.1003(1), the licensee shall comply with all


Request ID No. 848859 Page 5 ordinances as determined by the state and local law enforcement officials who have








H. Failure to comply with all requirements of licensure in the State of Michigan









tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) ROOSEVELT & BUCHANAN LIQUOR, INC. ) Request ID No. 816582 3730 Buchanan ) Detroit, Michigan 48208 ) ) Wayne County ) ) At the December 1, 2016 hearing of the Michigan Liquor Control Commission





On November 16, 2015, Roosevelt & Buchanan Liquor, Inc. (applicant) filed a

request for a conditional license under MCL 436.1525(6), as well as a transfer of ownership

of 2015 Specially Designated Distributor and Specially Designated Merchant licenses with

Sunday Sales Permits (A.M. & P.M.) from B & S Liquor Store, Inc., at the above-noted

address.







thereof.


436.1535 for licensure. Under MCL 436.1537(1)(f) and (g), the licensee may sell beer,

wine, mixed spirit drink and spirits for consumption off the premises, only.


At a meeting held on December 29, 2015, the Commission denied the conditional

license request under MCL 436.1525(6). The request was also denied under MCL

436.2003, and administrative rules R 436.1105(2)(g)(ii) and R 436.1105(2)(g)(iii)(g) after

considering that during the application process, the applicant failed to disclose the arrest

and conviction record of applicant stockholder, Yohannes Woldemicael, which involved

controlled substances and operating while intoxicated.

The Commission also denied this request under administrative rule R 436.1105(2)(j)

after considering the effects that issuance of a license would have on the health, welfare,

and safety of the general public when determining whether an applicant should be issued a

license or permit.

Charles Frangie, legal counsel on behalf of the applicant, submitted a timely request

for an appeal in this matter and represented the applicant at the February 4, 2016 hearing,

held at the Commission’s Southfield office.


the record, the Commission overturned the Conditional License Denial Order dated

December 29, 2015 and the permanent license transfer application continued to be

processed. As of this date, the conditional license has not been issued to the applicant.

At a meeting held on September 23, 2016, the Commission denied the applicant’s

permanent license transfer request under administrative rule R 436.1103(2) because the

applicant failed to provide documentary proof that applicant stockholder, Yohannes

Woldemicael, has legal authorization to reside and work in the United States of America.

Yohannes Woldemicael submitted a timely request for an appeal in this matter and

represented the applicant at the December 1, 2016 hearing, held at the Commission’s

Southfield office.

After hearing arguments, reviewing the MLCC file and documents presented, and

discussion of the issue on the record, the Commission finds that the applicant sufficiently

demonstrated through testimony and submission of updated documents that the previous

questions concerning this application have been satisfactorily addressed.

The Commission finds sufficient reasons to reverse its denial issued in this matter

and to approve the applicant’s request for the reasons stated on the record.



A. The denial order of September 23, 2016 issued in this matter is reversed and

the applicant’s request for to transfer ownership of the 2016 Specially Designated

Distributor and Specially Designated Merchant licenses from B & S Liquor Store, Inc. at the

subject location is APPROVED, subject to the following:







3. The licensee shall submit to the Commission an acceptable and

executed lease agreement.








MCL 436.1803.





9. The licensee shall submit to the Commission the remaining Specially

Designated Distributor license and/or permit fees in the amount of

$238.05, pursuant to MCL 436.1525(1)(k).

10. All fines associated with the pending violation for the seller, B & S


Liquor Store, Inc. (Complaint No. 6-178762) shall be submitted to the

Commission prior to consummation of this request.

B. The applicant’s request to transfer the existing Sunday Sales Permit (A.M.) to

sell alcoholic liquor for consumption on the premises between 7 A.M. and Noon on

Sundays is APPROVED, pursuant to Public Act 213 of 2010, MCL 436.2111-2115. This

permit is subject to revocation by operation of law or otherwise if the Commission receives

notice from a county, city, village, township, or the local governmental unit, that it prohibits

or otherwise objects to the sale of spirits, mixed spirit drink or beer and wine between the

hours of 7 A.M. and Noon on Sundays. If notice and supporting documentation is received

by the Commission, a show cause hearing will be scheduled before the Commission under

administrative rule R 436.1925(1) to determine if the permit must be revoked.





observed.





D. The applicant shall continue to comply with all United States Immigration and

Residency laws.

E. Under administrative rule R 436.1003(1), the licensee shall comply with all








Request ID No. 816582 Page 5 these requirements. The licensee must obtain all other required state and local licenses,


F. Failure to comply with all requirements of licensure in the State of Michigan








Date Mailed: January 18, 2017 tlc

state of michigan department of licensing and …€¦ · at a meeting held on october 19, 2016,...

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