As you may remember, the local approval process has undergone two changes in the past twelve months. The first change occurred last February. The second change occurred last June. Now, perhaps just to keep us on our toes, MLCC has changed the local approval process again.
According to Licensing staff and supervisors, the current status of local approval requirements is as follows:
- Local Government approval (on the LC-1305 resolution form) is required only for (1) the issuance of new licenses that permit on-premise consumption by the general public, and (2) reclassification of an existing on-premise license (not including a reclassification of a Class C license to a Tavern license).
- Local Government approval is not required for dance, entertainment, or dance/entertainment permits.
- Local Government approval is not required to transfer an existing license to a new local government unit.
- Local Law Enforcement approval is only required for a temporary permit.
- The LC-1800 (local law enforcement approval form) no longer exists. Applicants who do not have fingerprints on file with MLCC must still be fingerprinted by their local law enforcement agency.
- In all other circumstances, local governments and local law enforcement agencies may still provide recommendations to MLCC, which the Commission will consider when deciding on an applicant’s request.
(Note that some of these changes occurred last summer, we are simply reiterating them, with the new process, to provide a complete overview. We would also note that MCL 436.1916(10), which requires local approval of certain permits, was recently struck down by a Federal Court.)
The local approval charts, first published by MLCC several months ago (and difficult to locate on their website) have been updated to reflect these changes.
These changes certainly appear to be a step in the right direction, and we believe they will greatly assist in speeding up the application process.
We will alert you if we hear anything further on these changes.
*This information and thoughts herein are provided by the Liquor Lawyers at Stariha & Brower, PLC. As always, we remind readers that the materials on this site are provided purely for informational purposes and are not legal advice. These materials are intended, but not promised or guaranteed, to be correct, complete, and current. This blog is not intended to be a source of legal advice. Therefore, the reader should not consider this information an invitation for an attorney-client relationship. Readers should always seek the advice of competent counsel.