STATE OF MICHIGAN DEPARTMENT OF LICENSING AND …...safety of the general public when determining whether an applicant should be issued a license or permit. Christopher Barbat, legal

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

* * * * *

In the matter of the request of ) ) B.P. OF WHITE LAKE INC. ) Request ID No. 819669 6450 Telegraph Rd. ) Bloomfield Hills, Michigan 48301 ) ) Bloomfield Township Oakland County ) ) At the April 14, 2016 hearing of the Michigan Liquor Control Commission

(Commission) in Southfield, Michigan.

PRESENT: Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner Dennis Olshove, Commissioner

LICENSING APPEAL ORDER

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.

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.

On December 16, 2015, B.P. of White Lake Inc. (applicant) filed a request to

transfer ownership of the 2015 Class C license with Sunday Sales Permit (P.M.), Outdoor

Service (1 area) and Specific Purpose Permit (Food) from Restaurant Service Corporation,

with the license to be held in escrow at the above-noted address. The applicant also

requested to cancel the Sunday Sales Permit (P.M.), Outdoor Service (1 area) and Specific

Request ID No. 819669 Page 2 Purpose Permit (Food). Commission records indicate that Restaurant Service Corporation

placed their license in escrow on February 8, 2016 as the business was closed. At a meeting held on March 2, 2016, the Commission denied this request under

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

applicant member, Fuad Barbat, as a licensee of the Commission having been cited and

found responsible for numerous violations of the Michigan Liquor Control Code and

Administrative Rules, including a total of seven (7) violations of the sale of alcoholic liquor

to a person under 21 years of age; contrary to MCL 436.1801(2). In 2015, the violations at

the licensed location of Clarkston BPA resulted in penalty hearing proceedings required

under MCL 436.1901(3), and a 3-day suspension was imposed. 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.

Christopher Barbat, legal counsel on behalf of the applicant, submitted a timely

request for an appeal in this matter and represented the applicant at the April 14, 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 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 Commission further finds that statements made at the hearing indicate that

Fuad Barbat will not be involved in this business and will be removed as a stockholder of

the corporation in the future.

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.

THEREFORE, IT IS ORDERED that:

A. The denial order of March 2, 2016 issued in this matter is reversed and the

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

Request ID No. 819669 Page 3 Service Corporation, with the license to be held in escrow at the subject location, is

APPROVED, subject to the following:

1. The licensee shall submit to the Commission form LCC-301 “Report

of Stockholders/Members/Partners”.

2. The licensee shall submit to the Commission form LCC-107 “Closing

Form for License Sale”.

B. The licensee shall pay all license fees by April 30th each year pursuant to

administrative rule R 436.1107.

C. Activation of the Class C license is APPROVED, subject to the following:

1. A final inspection shall be conducted by the Commission’s

Enforcement Division to determine the licensed premises meets all

requirements of the Michigan Liquor Control Code and Administrative

Rules. 2. The licensee shall provide proof of financial responsibility providing

security for liability as required under MCL 436.1803. Failure to

maintain proof of financial responsibility providing security for liability

will result in the immediate suspension of the subject license until the

licensee provides the Commission with proof of financial

responsibility as required under MCL 436.1803.

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

executed Lease Agreement.

4. 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 activation of the license, as provided in administrative rule R

436.1060.

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.

Request ID No. 819669 Page 4

b. Failure to provide this documentary proof to the Commission

within 180 days from activation 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 license.

D. Under administrative rule R 436.1003, 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 enforcements officials who have jurisdiction over the

licensee. Approval of the license by the Michigan Liquor Control Commission does not

waive any of these requirements. The licensee shall obtain all other required state and

local licenses, permits, and approvals before selling or serving alcoholic liquor.

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.

MICHIGAN LIQUOR CONTROL COMMISSION

Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner Date Mailed: July 12, 2016 tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) GARY’S KNOTTY PINE BAR, INC. ) Request ID No. 809757 47236 Co Rd 426 ) Arnold, Michigan 49819 ) ) Wells Township Marquette County ) ) At the April 5, 2016 hearing of the Michigan Liquor Control Commission

(Commission) in Lansing, Michigan.

PRESENT: Andrew J. Deloney, Chairman Dennis Olshove, Commissioner








thereof.



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

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

On July 28, 2015, Gary’s Knotty Pine Bar, Inc. (applicant) filed an application to

transfer ownership of an escrowed 2015 Class C license from Michigan Department of

Treasury; and to transfer location (governmental unit) under MCL 436.1531(1) from

Kloman, Republic, Republic Township, Marquette County, to the above-noted address.

Request ID No. 809757 Page 2 The applicant also requested a new Specially Designated Merchant license, new Sunday

Sales Permit (P.M.), new Dance-Entertainment Permit, and consideration of licensing

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

The Commission denied the applicant’s request on September 23, 2015 under MCL

436.2003 and administrative Rule R 436.1041(1). The applicant appealed the denial.

After appeal hearings on November 3, 2015 and December 1, 2015, the Commission

reversed the September 23, 2015 denial and remanded the request to the Licensing

Division for further review of the documents provided to the Commission by the applicant’s

attorney.

On February 3, 2016, the request was again denied under administrative rule R

436.1103(2) because the applicant failed to provide all information necessary for the

Commission to investigate the application; specifically in determining whether the purchase

agreement signed by Steven Dornbos on July 20, 2015 was duly authorized under the

bylaws of the applicant corporation.

Attorney John Doyle submitted a timely request for an appeal and represented the

applicant at the April 5, 2016 hearing, held at the Commission’s Lansing office.

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

discussion of the issue on the record at all hearings held in this matter, the Commission

finds that the applicant adequately addressed the previous questions and concerns with

this application.




A. The denial order of February 3, 2016 issued in this matter is REVERSED and

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

Department of Treasury, and consideration of licensing under the provisions of

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

1. The licensee shall submit to the Commission verification that Gary’s

Knotty Pine Bar, Inc. received a loan in the amount of $15,000 from

money lender, SLD Realty, Inc.


2. The licensee shall submit an acceptable and executed lease

agreement between Gary’s Knotty Pine Bar, Inc., tenant, and Gary L.

Evans, landlord.





5. The licensee shall submit to the Commission the 2016 Resort Class

C license issued under MCL 436.1531(2) and Specially Designated

Merchant licenses and any separate permit documents held by

Gary’s Knotty Pine Bar, Inc. (BID# 151726) located at 47236 Co Rd

426, Arnold, Wells Township, Marquette County for escrow, including

Form LCC-3014 “Request and Notice of License to Be Placed in

Escrow”.

6. The licensee shall provide proof of financial responsibility providing



will result in the immediate suspension of the subject licenses and

permits until the licensee provides the Commission with proof of

financial responsibility as required under MCL 436.1803.






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







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 Kloman, Republic, Republic Township, Marquette

County to 47236 Co Rd 426, Arnold, Wells Township, Marquette 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 permit to sell alcoholic liquor after 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.

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 licensee shall pay all license fees by April 30th each year pursuant to


G. The 2016 Resort Class C license issued under MCL 436.1531(2) and

Specially Designated Merchant licenses with Sunday Sales Permit (P.M.) and Dance-

Entertainment Permit held by Gary’s Knotty Pine Bar, Inc. (BID# 151726) located at 47236

Co Rd 426, Arnold, Wells Township, Marquette County SHALL NOT BE REACTIVATED

AT THIS LOCATION.

Request ID No. 809757 Page 5 H. Under administrative rule R 436.1003, the licensee shall comply with all state



licensee. Approval of the licenses and permits by the Michigan Liquor Control Commission

does not waive any of these requirements. The licensee shall obtain all other required state

and local licenses, permits, and approvals before selling or serving alcoholic liquor.

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



and/or revocation of the licenses and permits.



Dennis Olshove, Commissioner

Date Mailed: May 20, 2016

tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) GP PETRO, INC. ) Request ID No. 816701 19100 Mack Ave. ) Grosse Pointe Farms, Michigan 48236 ) ) Wayne County ) ) At the April 7, 2016 hearing of the Michigan Liquor Control Commission



Teri L. Quimby, Commissioner Dennis Olshove, Commissioner


On November 18, 2015, GP Petro, Inc. (applicant) filed a request to transfer

ownership of the escrowed 2015 Specially Designated Distributor and Specially Designated

Merchant licenses from Jimmy’s Gran Liquor, Inc. The applicant also requested to transfer

location (governmental unit) under MCL 436.1531(18) of the licenses from 10949

Kercheval, Detroit, Wayne County, to the above noted address; requested permission for

motor vehicle fuel pumps under MCL 436.1541(1); requested a new Sunday Sales Permit

(P.M.); and requested permission to maintain one (1) Direct Connection to the unlicensed

premises (service shop).







thereof.



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

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

At a meeting held on March 18, 2016, the Commission denied this request under

administrative rule R 436.1105(2)(d) after considering the letter of objection dated March 9,

2016, accompanied by a Resolution of objection passed by the Grosse Pointe Farms City

Council on March 7, 2016. Local residents, Andrew and Linda Dervan, also submitted a

letter of objection dated February 13, 2016. Further, Police Chief Daniel V. Jensen of the

City of Grosse Pointe Farms Department of Public Safety submitted a letter of objection,

dated January 27, 2016. The request was also denied under administrative rule R 436.1105(2)(j) after

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


license or permit.

Joseph Shallal, legal counsel on behalf of the applicant, submitted a timely request

for an appeal in this matter and represented the applicant at the April 17, 2016 hearing,

held at the Commission’s Southfield office. Present on behalf of the City of Grosse Pointe

Farms was City Manager, Shane Reeside and Chief of Police, Daniel Jensen.

After hearing arguments, reviewing the MLCC file with all documents and exhibits

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

opinions of the City of Grosse Pointe Farms and Resolution objecting to the applicant’s

request shall be considered under administrative rule R 436.1105(2)(d). The Commission

has considered these communications in its decision.

The Commission finds that the local unit of government objects to the location, but

not this particular business or applicant. Further, the Commission finds that local zoning

allows for this type of establishment (gas station/convenience store) at this location. The Commission further finds that the investigation revealed the proposed licensed

location appears to qualify for SDD and SDM licensure with permission for motor vehicle

fuel pumps under MCL 436.1541(1)(a)(ii) and (b), providing the applicant installs and

maintains a minimum inventory on the premises, excluding alcoholic liquor and motor

Request ID No. 816701 Page 3 vehicle fuel, of not less than $250,000.00, at cost, of those goods and services customarily

marketed by approved types of businesses; and providing the nearest motor vehicle fuel

pump is not less than 50 feet from the points of sale and selection of alcoholic beverages.





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

and Specially Designated Merchant licenses from Jimmy’s Gran Liquor, Inc. is


1. The licensee shall submit to a Final Inspection to be conducted by the

Commission’s Enforcement Division to determine that the licensee

has purchased and installed an approved type inventory of at least

$250,000.00, at cost, as required under MCL 436.1541(1)(a)(ii), on

the licensed premises, including an itemized breakdown of the

installed inventory; to determine that the nearest motor vehicle fuel

pump is not less than 50 feet from the points of sale and selection of

alcoholic beverages, as required under MCL 436.1541(1)(b); and to

determine that the licensed premises meets all requirements of the

Michigan Liquor Control Code and Administrative Rules.

2. The licensee shall submit to the Commission verification that GP

Petro, Inc. received a loan in the amount of $45,000 from Bham Shell,

Inc.

3. The licensee shall submit to the Commission verification that GP

Petro, Inc. and real estate purchaser, GPF Investments, LLC received

a loan in the amount of $830,000 from money lender, F1 Properties,

LLC.

4. The licensee shall submit to the Commission verification that GPF

Investments, LLC received a loan in the amount of $2,000,000 from


Level One Bank.

5. The licensee shall submit to the Commission verification that GPF

Investments, LLC received a loan in the amount of $10,000 from

money lender, Maple BPA, Inc.

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.

7. The licensee shall submit proof of financial responsibility providing




permit until the licensee provides the Commission with proof of






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

436.1531(18) of the licenses from 10949 Kercheval, Detroit, Wayne County, to 19100

Mack, Grosse Pointe Farms, Wayne County, is APPROVED. C. The applicant’s request for permission for motor vehicle fuel pumps on or

adjacent to the licensed premises under MCL 436.1541(1) is APPROVED, subject to

compliance with the requirements contained therein. The licensee shall maintain on the

licensed premises at all times, a minimum inventory of at least $250,000.00, at cost, of

goods and services customarily marketed by approved types of businesses, excluding

alcoholic liquor, motor vehicle fuel, inventory on a consignment, or inventory owned by

others, as required for licensure under MCL 436.1541(1)(a)(ii).

D. The applicant’s request for a new permit to sell alcoholic liquor after 12:00

Noon on Sundays is APPROVED, subject to the following:



observed.


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



E. The applicants request for permission to maintain one (1) Direct Connection

to unlicensed premises is APPROVED.

F. The licensee shall pay all license fees by April 30th each year pursuant to


G. Under administrative rule R 436.1003, the licensee shall comply with all state




does not waive any of these requirements. The licensee must obtain all other required

state and local licenses, permits, and approvals before serving or selling alcoholic liquor.

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









Date Mailed: 05/12/2016

tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) ISABELLA’S TAPAS, L.L.C. ) Request ID No. 797083 6740 Red Arrow ) Coloma, Michigan 49038 ) ) Coloma Township Berrien County ) ) At the April 5, 2016 hearing of the Michigan Liquor Control Commission


PRESENT: Andrew J. Deloney, Chairman Dennis Olshove, Commissioner








thereof.


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

wine, mixed spirit drink and spirits for consumption on the premises; and beer and wine

only for off premise consumption.

On March 20, 2015, Isabella’s Tapas, L.L.C. (applicant) filed a request to transfer

Request ID No. 797083 Page 2 location (governmental unit) under MCL 436.1531(1) of escrowed 2015 Class C license

with Dance-Entertainment Permit, Outdoor Service (1 area) and Specific Purpose Permit

(Food) from 1599 B Mall, Benton Harbor, Benton Township, Berrien County, to the above-

noted address. The applicant also requested to cancel the existing Dance-Entertainment

Permit, existing Outdoor Service (1 area), and existing Specific Purpose Permit (Food); and

requested a new Specially Designated Merchant license, new Sunday Sales Permits (A.M.

& P.M.), and new permission to maintain one (1) Direct Connection to the unlicensed

premises (unlicensed restaurant).

At a meeting held on October 9, 2015, the Commission denied this request under

administrative rules R 436.1105(2)(g)(i), R 436.1105(2)(g)(iii)(e) and R 436.1105(2)(j) after

considering the federal felony conviction record of licensee member, John Bertuca, for tax

evasion in 2013; and 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.

The request was also denied because the proposed transfer of location is an

unlicensed restaurant where the licensee proposes to license only a 9’ x 20’ corner area of

the restaurant for the operation of the Class C license, and the area does not have

plumbing or running water installed as required under MCL 436.2017 and R 436.1427.

Attorney Brian McMahon submitted a timely request for an appeal in this matter and

Attorney Simon Hoffmann represented the applicant at hearings held in Lansing on

February 16, 2016 and April 5, 2016.

After hearing arguments, reviewing the MLCC file and updated documents

submitted, and discussion of the issue on the record at both hearings held in this matter,

the Commission finds that the applicant sufficiently demonstrated that John Bertuca has

divested all membership interest in the licensed limited liability company and will not be

involved in the management or operation of the business. The Commission further finds

that the updated documents provided by the applicant indicates the licensee will lease the

entire premises as opposed to a portion of the premises as initially indicated.





A. The denial order of October 9, 2015 issued in this matter is reversed and the

applicant’s request to transfer location (governmental unit) under MCL 436.1531(1) of the

escrowed 2016 Class C license from 1599 B Mall, Benton Harbor, Benton Township,

Berrien County, to 6740 Red Arrow, Coloma, Coloma Township, Berrien County is


1. The licensee shall submit to a Final Inspection to be conducted by the

Commission’s Enforcement Division to determine that renovations

have been completed as proposed; to determine seating capacity has

been established and posted; to determine the total cost and method

of financing; and to determine the licensed premises meets all

requirements of the Michigan Liquor Control Code and Administrative

Rules.



3. The licensee shall maintain proof of financial responsibility providing






4. The licensee shall maintain documentary proof demonstrating 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). 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. The applicant’s request for a new Specially Designated Merchant license is

APPROVED.

C. The applicant’s request for a new permit to sell alcoholic liquor 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.

D. The applicant’s request for a new permit to sell alcoholic liquor after Noon on



observed.





E. The licensee shall pay all license fees by April 30th each year pursuant to


F. Isabella’s Tapas, L.L.C. shall prohibit John A. Bertuca from being an employee or being involved in the operation and management of the licensed business on a paid or voluntary basis.

Request ID No. 797083 Page 5 G. Under administrative rule R 436.1003, the licensee shall comply with all state






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







Date Mailed: November 1, 2016 tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) MARU DETROIT LLC ) Request ID No. 817854 160 W. Fort St. ) Ste 100 ) Detroit, Michigan 48226 ) ) Wayne County ) ) At the April 19, 2016 hearing of the Michigan Liquor Control Commission











thereof.




the licensee may sell beer and wine for consumption off the premises. On December 11, 2015, Maru Detroit LLC (applicant) filed a request to transfer

ownership of the escrowed 2015 Class C license with Sunday Sales Permit (P.M.) from

Reginald W. Hammond. The applicant also requested to transfer location from 19244

Grand River Ave., Detroit, Wayne County, to the above-noted address; requested a new

Specially Designated Merchant license; new Sunday Sales Permit (A.M.); new Catering

Request ID No. 817854 Page 2 Permit; new Specific Purpose Permit (Food-7 A.M. to Noon on Sundays); permission to

maintain one (1) new Direct Connection to unlicensed premises (mechanical room); and

authorization for the outdoor sale, service, and consumption of alcoholic beverages in an

area measuring up to 36’ x 50’, located directly adjacent to the licensed premises, and

which is well-defined and clearly marked.



applicant member Robert Song, as a current licensee of the Commission at multiple

locations that were cited and found responsible in three (3) instances for failure to provide

documentary proof to the Commission demonstrating compliance of 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 administrative rule R

436.1060. The request was also denied under administrative rule R 436.1105(2)(j) after



license or permit.

Joseph Garcia, legal counsel on behalf of the applicant, submitted a timely request


held at the Commission’s Lansing office.

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

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







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

W. Hammond is APPROVED, subject to the following:






B. The applicant’s request to transfer location of the subject Class C license

from 19244 Grand River Ave., Detroit, Wayne County, to 160 W. Fort St., Suite 100,

Detroit, Wayne County is APPROVED.

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



observed.





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

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 new Catering Permit is APPROVED subject to the

following:

1. Receipt of a copy of the applicant’s food service establishment license

or retail food establishment license issued under the Food Law of


2000 (MCL 289.1101 to 289.8111).

G. The applicant’s request for a new Specific Purpose Permit (Food-7 A.M. to

Noon on Sundays) is APPROVED, subject to the following:

1. Under administrative rule R 436.1437(2), the licensee shall not allow

customers on the licensed premises during the time period provided

by the Specific Purpose Permit unless the activity, and only that

activity, allowed by the Specific Purpose Permit, is occurring.

H. The applicants request for permission to maintain one (1) Direct Connection

to unlicensed premises is APPROVED.

I. The applicant’s request for Outdoor Service (1 area) is APPROVED, subject

to the following:

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.

J. The licensee shall pay all license fees by April 30th each year pursuant to


K. Activation of the Class C and Specially Designated Merchant licenses and

permits is APPROVED, subject to the following:


Enforcement Division to determine construction has been completed

as proposed, including the Outdoor Service area; to determine all

furniture, fixtures and equipment have been installed; to determine

seating capacity has been established and posted; and to determine

the licensed premises meets all requirements of the Michigan Liquor


2. The licensee shall provide an acceptable and executed Lease


Agreement.












from activation of the licenses and permits, as provided in






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



fines, suspension and/or revocation of the licenses and

permits.

L. Under administrative rule R 436.1003, the licensee shall comply with all state






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


Request ID No. 817854 Page 6 Code, Administrative Rules, and Commission order, which may result in fines, suspension,





Date Mailed: July 14, 2016 tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) PHONGTRAN, LLC ) Request ID No: 721762 2805 Lake St. ) Kalamazoo, Michigan 49048 ) ) Kalamazoo Township Kalamazoo County ) ) At the April 12, 2016 hearing of the Michigan Liquor Control Commission


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


Under Article IV, Section 40, of the Constitution of Michigan (1963), the Commission

shall exercise complete control of the alcoholic beverage traffic within this state, including

the retail sales thereof, subject to statutory limitations. Further, the Commission shall have

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 under MCL 436.1201(2).

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

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

spirit drink for consumption off the premises only.

Administrative rule R 436.1135(1)(b) provides that a convenience food store is an

approved type of business for the issuance of a new Specially Designated Distributor

license.

On July 20, 2015, Phongtran, LLC (applicant) filed a request for a new Specially

Designated Distributor license with new Sunday Sales Permit (P.M.) to be held in

Request ID No. 721762 Page 2 conjunction with existing Specially Designated Merchant license, Sunday Sales Permit

(A.M.) and Living-Quarters Permit at the above-noted location.

At a meeting held on November 24, 2015, the Commission denied this request

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

prior operating record of member, Phong Tran, as a current licensee of the Commission

that was cited and found responsible for numerous violations of the Michigan Liquor

Control Code and Administrative Rules, including three (3) violations of the sale of

alcoholic liquor to a person under 21 years of age; contrary to MCL 436.1801(2).

Commission records indicate that Phong Tran was the selling clerk cited in two (2) of those

sale to minor violations that occurred in September 2004, involving a 17-year old minor and

a 20-year old minor. These violations also resulted in a Penalty Hearing being held under

MCL 436.1903 where the licensed business was ordered to serve a suspension of seven

(7) days.

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

considering the written opinion received from Bethel Star Community Church (Church) on

November 9, 2015. Commission records reflect that the Church is located 372 feet from

the proposed location and the Resolution of Objection was not timely submitted as required

under administrative rule R 436.1955, and an extension of time to submit a resolution was

not requested or granted by the Commission. Therefore, the Commission is not required to

hold a Church Hearing under MCL 436.1503(4); however, the Commission did consider the

written opinion of the Church under administrative rule R 436.1105(2).

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





Request ID No. 721762 Page 3 action has been taken to assist in preventing further violations of the Michigan Liquor


MCL 436.1503(1) provides that a new application for a license to sell alcoholic

beverages at retail shall be denied if the contemplated location is within 500 feet of a

church building. Pursuant to MCL 436.1503(4), the Commission may waive the

requirements of MCL 436.1503(1) and issue the license if no objection is filed by the

church. The Commission finds that inasmuch as the Resolution of Objection was not

timely submitted to the Commission as allowed under administrative rule R 436.1955, a

waiver of MCL 436.1503(1) is granted under MCL 436.1503(4) in this matter.


and the applicant’s request is approved for the reasons stated on the record.


A. The denial order of November 24, 2015 issued in this matter is reversed and

the applicant’s request for a new Specially Designated Distributor license is APPROVED,

subject to the following:

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

executed Lease Agreement.

2. The licensee shall submit to the Commission two (2) 5” x 7”

photographs of the establishment (1 interior and 1 exterior).

3. Under administrative rule R 436.1139, the licensee shall agree to

purchase an initial minimum order of $5,000.00 of spirits divided

among not less than 50 brands as a condition precedent to receiving

a license.




will result in the immediate suspension of the subject license and

permit until the licensee provides the Commission with proof of



B. The applicant’s request for a new permit to sell alcoholic liquor after Noon on



observed.


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



C. Under administrative rule R 436.1003, the licensee shall comply with all state



licensee. Approval of the license and permit by the Michigan Liquor Control Commission



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



and/or revocation of the license and permit.






Date Mailed: June 1, 2016 tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) REDEMPTION SAVINGS, INC. ) Request ID No. 822024 G-6011 E. Atherton Rd. ) Burton, Michigan 48519 ) ) Genesee County ) ) At the April 26, 2016 hearing of the Michigan Liquor Control Commission


PRESENT: Teri L. Quimby, Commissioner


LICENSING APPEAL ORDER On February 5, 2016, Redemption Savings, Inc. (applicant) filed a request to

transfer all stock interest by dropping Delores F. Benjamin Revocable Trust dated

December 19, 2000; Delores F. Benjamin, Trustee as stockholder; and as a result, new

stockholder, Gregory A. Benjamin will hold 100 shares of stock in the Class C and

Specially Designated Merchant licenses with Sunday Sales Permit (P.M.), Dance-

Entertainment Permit, Outdoor Service (1 area) and two (2) Bars at the above-noted

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






thereof.


Request ID No. 822024 Page 2 436.1535 for licensure. Under MCL 436.1537(1)(b), the licensee may sell beer, wine,


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

At a meeting held on March 30, 2016 the Commission denied this request under

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

stockholder, Gregory Benjamin, as a current licensee of the Commission who has been

cited and found responsible for numerous violations of the Michigan Liquor Control Code

and Administrative Rules as previously noted in the denial order.

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.

Roger Isaac, legal counsel on behalf of the applicant, submitted a timely request for

an appeal in this matter and represented the applicant at the April 26, 2016 hearing, held at

the Commission’s Lansing office.

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

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







applicant’s request to transfer all stock interest by dropping Delores F. Benjamin

Revocable Trust dated December 19, 2000; Delores F. Benjamin, Trustee, as stockholder;

and as a result, new stockholder, Gregory A. Benjamin will hold 100 shares of stock in the

Class C and Specially Designated Merchant licenses with Sunday Sales Permit (P.M.),

Dance-Entertainment Permit and Outdoor Service (1 area) and two (2) Bars held by

Request ID No. 822024 Page 3 Redemption Savings, Inc. at the above-noted location is APPROVED, subject to the

following:














from the transfer of all stock to Gregory A. Benjamin, as provided in






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. Under administrative rule R 436.1003, the licensee shall comply with all state



licensee. Approval of the licenses and permits by the Michigan Liquor Control

Request ID No. 822024 Page 4 Commission does not waive any of these requirements. The licensee shall obtain all other

required state and local licenses, permits, and approvals before selling or serving alcoholic

liquor.

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







Date Mailed: June 16, 2016 tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) SMITH CREEK FARMS, LLC ) Request ID No. 813462 7860 Smiths Creek Rd. ) Wales, Michigan 48027 ) ) Wales Township St. Clair County ) ) At the April 21, 2016 hearing of the Michigan Liquor Control Commission











thereof.




the licensee may sell beer and wine for consumption off the premises. On September 24, 2015, Smith Creek Farms, LLC (applicant) filed a request to

transfer ownership of the escrowed 2015 Class C and Specially Designated Merchant

licenses with Sunday Sales Permit (P.M), Dance Permit, Outdoor Service (1 area), Specific

Purpose Permit (Food & Golf - 5:30 A.M. to 7 A.M. on Weekdays and 5:30 A.M. to Noon

on Sundays) and 2-Bars from Post & Mesh, Inc. at the above-noted address.


At a meeting held on February 10, 2016, the Commission approved this request as

a property right transfer only, and denied the applicant’s request for active operation under


applicant member, Michael J. De Mil, as a licensee of the Commission who has been cited

and found responsible for numerous violations of the Michigan Liquor Control Code and

Administrative Rules as outlined in the Commission’s denial order, which includes but is

not limited to three (3) violations of the sale of alcoholic liquor to a person under 21 years

of age, which is contrary to MCL 436.1801(2) and resulted in penalty hearing proceedings

required under MCL 436.1901(3), and a 14-day suspension was imposed. The request was also denied under administrative rule R 436.1105(2)(j) after



license or permit. Jonathan Eadie, legal counsel on behalf of the applicant, submitted a timely request


held at the Commission’s Southfield office.








A. The denial order of February 10, 2016 issued in this matter is RESCINDED,

and the applicant’s request to transfer ownership of the escrowed Class C and Specially

Designated Merchant licenses from Post & Mesh, Inc. is APPROVED, subject to the

following:






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



observed.





C. The applicant’s request to transfer the existing Dance Permit is APPROVED

subject to the following:

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.

D. The licensee's request to transfer the existing Specific Purpose Permit (Food

& Golf - 5:30 A.M. to 7 A.M. on Weekdays and 5:30 A.M. to Noon on Sundays) is


1. Under administrative rule R 436.1437(2), the licensee shall not allow

customers on the licensed premises during the time period provided

by the Specific Purpose Permit unless the activity, and only that

activity, allowed by the Specific Purpose Permit, is occurring.

E. The applicant’s request for to transfer the existing Outdoor Service (1 area) 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.

F. The applicant’s request to transfer the existing 2-Bars is APPROVED.

G. The licensee shall pay all license fees by April 30th each year pursuant to


H. Activation of the Class C and Specially Designated Merchant licenses and

permits is APPROVED, subject to the following:


Enforcement Division to determine that seating capacity has been

established and posted; and to determine the licensed premises

meets all requirements of the Michigan Liquor Control Code and

Administrative Rules.












from activation of the licenses and permits, as provided in






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




fines, suspension and/or revocation of the licenses and

permits.

I. Under administrative rule R 436.1003, the licensee shall comply with all state






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







Date Mailed: July 19, 2016 tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) ZSWC, LLC ) Request ID No. 810142 4033 McCarty Rd. ) Saginaw, Michigan 48603 ) ) Saginaw Township Saginaw County ) ) At the April 19, 2016 hearing of the Michigan Liquor Control Commission




LICENSING APPEAL ORDER On July 31, 2015, ZSWC, LLC (applicant) filed a request for a conditional license

under MCL 436.1525(6), as well as for transfer of ownership of 2015 Specially Designated

Distributor and Specially Designated Merchant licenses with Sunday Sales Permit (P.M.)

from Mc Carty & Mackinaw, Inc., at the above-noted address.


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

member, Zeki A. Sulaiman, as a licensee of the Commission who was cited and found

responsible for a 2014 violation of the sale of tobacco to a 17-year old minor; contrary to

administrative rule R 436.1011(1); and found responsible a 2015 violation of the sale of

alcoholic liquor to a 16-year old minor; contrary to MCL 436.1801(2).

This request was also denied under administrative rules R 436.1105(2)(g)(iii)(e) and

R 436.1105(2)(g)(iii)(f) after considering the 2012 conviction record of Zeki A. Sulaiman

involving misdemeanor counterfeiting and misdemeanor Tobacco Products Tax Act

violations.

Further, the Commission denied this request under administrative rule R

436.1105(2)(j) after considering the effects that issuance of a license would have on the

Request ID No. 810142 Page 2 health, welfare, and safety of the general public when determining whether an applicant

should be issued a license or permit.

Mark Mahlberg, legal counsel on behalf of the applicant, submitted a timely request




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 March 22, 2016 issued in

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

further processing.




Date Mailed: May 9, 2016

tlc

Documents

STATE OF MICHIGAN DEPARTMENT OF LICENSING AND …...safety of the general public when determining whether an applicant should be issued a license or permit. Christopher Barbat, legal