STATE OF MICHIGAN LIQUOR CONTROL COMMISSION · 2019. 6. 19. · Grosse Pointe, Michigan 48236 ) ) Wayne County ) ) At the June 26, 2018 hearing of the Michigan Liquor Control Commission

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

* * * * *

In the matter of the request of ) ) 3RD BASE STORE, INC. ) Request ID No. 1801-00100 595 10th St ) Plainwell, Michigan 49080-1030 ) ) Gun Plain Township Allegan County ) ) At the June 26, 2018 hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.

PRESENT: Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner Dennis Olshove, Commissioner

CONDITIONAL LICENSE APPEAL ORDER On January 3, 2018, 3rd Base Store, Inc. (“applicant”) filed a request for a

conditional license under MCL 436.1525(6) as well as a request to transfer ownership from

TAM-REN, Inc. The location at the above-noted address is the same location as the

existing license.

The Commission finds that TAM-REN, Inc. is the holder of an escrowed 2018

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

Quarters Permit issued by the Commission. The license, permit, and approvals held by the

existing licensee will be reviewed and considered under the conditional license application.

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

Request ID No. 1801-00100 Page 2 436.1535 for licensure. Under MCL 436.1537(1)(f), the licensee may sell beer or wine for

consumption off the premises, only.

At a meeting held on May 25, 2018, the Commission denied the conditional license

request under MCL 436.1525(6). The request was also denied under administrative rule R

436.1041(1) after considering the violation record of the applicant stockholder’s spouse,

Lakhwinder Singh, who has been licensed as a stockholder under Rozal, Inc. and L & S

Food Mart, Inc. Commission records indicate that Rozal, Inc. and L & S Food Mart, Inc. has

a cumulative violation record consisting of six (6) sale to minor violations, contrary to MCL

436.1801(2); one (1) violation for writing a nonsufficient funds check to the Commission in

the amount of $3,650.34, contrary to administrative rule R 426.1059; and one (1) violation

for furnishing alcohol to an intoxicated person, contrary to MCL 436.1801(2).

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 June 26, 2018 hearing, held

at the Commission’s Lansing office.

After hearing arguments, reviewing the MLCC file with updated documents

presented, 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.

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 Conditional license

request.

THEREFORE, IT IS ORDERED that:

A. The denial order of May 25, 2018 issued in this matter is reversed and the

applicant’s request for a conditional Specially Designated Merchant license under MCL

436.1525(6) is APPROVED, subject to the following:

1. The conditional license is non-transferable and nonrenewable.

2. The conditional license shall expire under one of the following

expiration factors, whichever occurs first, pursuant to MCL

436.1525(9):

a. One (1) year after the date the conditional license was issued,

Request ID No. 1801-00100 Page 3

notwithstanding any suspension of the conditional license by

the Commission.

b. The Commission issues the license for which the applicant

submitted the license application that serves as the basis of

the conditional license.

c. After all administrative remedies before the Commission have

been exhausted when the Commission issues an order of

denial of the license application that serves as the basis for the

conditional license.

d. When the licensee or conditional licensee notifies the

Commission in writing that the initial or conditional application

should be cancelled.

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

MCL 436.1803.

B. The applicant’s request for a conditional 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.

C. The applicant’s request for a conditional Living Quarters Permit is

APPROVED.

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

Request ID No. 1801-00100 Page 4 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 conditional 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 conditional license.

F. The approval of this conditional license does not guarantee approval by the

Commission of the request to transfer the existing license. Any investments made by the

conditional license applicant are done at the applicant’s risk.

MICHIGAN LIQUOR CONTROL COMMISSION

Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: July 11, 2018

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STATE OF MICHIGAN


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In the matter of the request of ) ) AHD WINE IMPORTS, LLC ) Request ID No. 1801-00455 60 N Edgewood ) Grosse Pointe, Michigan 48236 ) ) Wayne County ) ) At the June 26, 2018 hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.



LICENSE APPEAL ORDER

On January 11, 2018, AHD Wine Imports, LLC (“licensee”) filed a request to transfer

location (governmental unit) of the 2018 Outstate Seller of Wine License from 555

Barrington, Grosse Pointe Park, Wayne County, to the above-noted address. The licensee

also requested permission to maintain one (1) Direct Connection to unlicensed premises

(family dwelling).







thereof.

At a meeting held on May 16, 2018, the Commission denied the request under

administrative rule R 436.1728(1) after concerns about access to the books, records and

the licensee’s proposed licensed premises because it is located in a personal residence.

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

Request ID No. 1801-00455 Page 2 after concerns that the issuance of a license would have a negative impact on the health,

welfare, and safety of the general public because of the lack of access to the licensed

premises by Commission Investigators or Law Enforcement.

Joseph Owens, legal counsel on behalf of the licensee, submitted a timely request

for an appeal in this matter and co-counsel, Michael Brown, represented the licensee at the

June 26, 2018 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 licensee adequately demonstrated that a

Commission Investigator or Law Enforcement will have free access to the books and

records, and that no alcohol will be stored on the licensed premises.


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



licensee’s request to transfer location (governmental unit) of the 2018 Outstate Seller of

Wine License from 555 Barrington, Grosse Pointe Park, Wayne County, to 60 N

Edgewood, Grosse Pointe Shores, Wayne County, is APPROVED, subject to the 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 updated and

executed form LC-MW-816 (“Surety Bond”).

4. The licensee shall submit to the Commission an executed and

updated form LC-95 (“Proof of Financial Responsibility”).

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

executed Lease Agreement signed by both Robert and

MaryAnnGesell.


6. 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 licensee’s request for permission to maintain one (1) Direct Connection

to unlicensed premises (family dwelling) is APPROVED.

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





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





D. 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.






Date Mailed: 08/09/2018

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STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) BAM PIZZA INC. ) Request ID No. 863217 51218 Romeo Plank Rd ) Macomb, Michigan 48042 ) ) Macomb Township Macomb County ) ) At the June 14, 2018 hearing of the Michigan Liquor Control Commission in

Southfield, Michigan.

PRESENT: Andrew J. Deloney, Chairperson Teri L. Quimby, Commissioner


LICENSING APPEAL ORDER On January 11, 2017, Bam Pizza Inc. (“applicant”) filed a request for a new Specially

Designated Distributor (“SDD”) license issued under MCL 436.1533(4), and new Sunday

Sales Permit (P.M.), to be held in conjunction with proposed Specially Designated

Merchant license with Sunday Sales Permit (A.M.) and Beer and Wine Tasting Permit to be

held at the above-noted address.







thereof.

Request ID No. 863217 Page 2


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.

At a meeting held on May 31, 2017, the Commission denied the subject request

under administrative rule R 436.1133 because the applicant did not appear to qualify for a

waiver under administrative rule R 436.1133 relative to an existing SDD licensee located

within 2,640 feet of the proposed location. Commission records indicate that Woodward

Detroit CVS, L.L.C. holds an SDD license 472 feet away from the applicant’s proposed

location at 51000 Romeo Plank Rd, Macomb, Macomb Township, Macomb County, and

the applicant did not appear to qualify for any applicable waivers under administrative rule

R 436.1133.

Sole applicant stockholder, Brett Masserant, submitted a timely request for an

appeal in this matter and represented the applicant at the June 14, 2018 hearing, held in

Southfield.

Rule R 436.1133 of the Michigan Administrative Code has been rescinded. The

rescission was effective April 17, 2018 by authority conferred on the Liquor Control

Commission by section 215(1) of 1998 PA 58, MCL 436.1215(1), and Executive

Reorganization Order No. 2011-4, MCL 445.2030.


the record at the hearing, the Commission finds that the basis of denial is now moot, and

concludes the request of the applicant should be approved.


A. The denial order of May 31, 2017 issued in this matter is REVERSED, and

the applicant’s request for a new Specially Designated Distributor license issued under

MCL 436.1533(4) is APPROVED, subject to the following:








3. The licensee shall submit to a Final inspection to be conducted by the Commission’s Enforcement Division to determine renovations have been completed as proposed; to determine all furniture, fixtures and equipment have been installed; and to determine the licensed premises meets all requirements of the Michigan Liquor Control Code and Administrative Rules.

4. The licensee shall submit to the Commission an acceptable, fully

executed Lease Agreement. 5. The licensee shall submit to the Commission documentary proof

(Promissory Note) that applicant, Bam Pizza Inc, received a loan in

the amount of $60,346.17 from applicant stockholder, Brett

Masserant. 6. 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, under administrative rule R

436.1139.

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

photographs of the establishment (1 interior and 1 exterior), pursuant

to administrative rule R 436.1137.

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

of Stockholders/Members/Partners”).

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

Form for License Sale”.


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

Financial Responsibility”).

11. The licensee shall maintain proof of financial responsibility, as

required under MCL 436.1803.






B. The applicant’s request for a new 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.












Request ID No. 863217 Page 5 will result in the licensee being charged with a violation of the Michigan Liquor Control


and/or revocation of the license and permit.





Date Mailed: tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) BILL’S BEER GARDEN, L.L.C. ) Request ID No. 1712-04376 218 S Ashley St ) 211 W Washington St ) Ann Arbor, Michigan 48104-1349 ) ) Washtenaw County ) ) At the June 26, 2018 hearing of the Michigan Liquor Control Commission

in Lansing, Michigan.

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


LICENSING APPEAL ORDER On March 16, 2018, Bill’s Beer Garden, L.L.C. (“licensee”) filed a request to redefine

the licensed premises to include 211 West Washington St., Ann Arbor, Washtenaw

County; requested one (1) new Additional Bar (for a total of 2 Bars); requested new

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

area measuring up to 55’ x 135’, located directly adjacent to the licensed premises, and

which is well-defined and clearly marked; and requested to cancel two (2) existing Direct

Connections, held in conjunction with the 2018 Class C and Specially Designated

Merchant licenses with Sunday Sales Permit (P.M.), Catering Permit, Dance-Entertainment

Permit, Off-Premises Storage, and Outdoor Service (1 area) located at the above-noted

address.





Request ID No. 1712-04376 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)(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 for consumption off the premises only.

At a meeting held on May 9, 2018, the Commission denied the licensee’s request

under administrative rules R 436.1419(2), R 436.1105(2)(j), R 436.1001(1)(i), and R

436.1023(3) because it appeared the proposed new Outdoor Service area will not be well-

defined and clearly marked, and it was unclear whether the licensee will have complete

control over the proposed licensed passageway running through the unlicensed building.

The licensee has requested to redefine the licensed premises to include a

greenhouse and requested a new Outdoor Service area measuring up to 55’ x 135’. Both

the greenhouse and the new Outdoor Service area will be accessed by traveling through a

proposed licensed passageway that runs through an unlicensed building known as the

Downtown Home and Garden Building. The licensee proposes to utilize wire screens on

both sides of the passageway to separate the proposed licensed space from the remaining

unlicensed sections of the Downtown Home and Garden Building, and provided a

Sublease Agreement which allows access from one licensed area to the other, through the

passageway in the Downtown Home and Garden Building. The licensee proposes to use

moveable barriers to block the existing exits for the new Outdoor Service area.

Terrance Conlin, legal counsel on behalf of the licensee, submitted a timely request

for an appeal in this matter and represented the licensee at the June 26, 2018 hearing,

held at the Commission’s Lansing office.

After hearing arguments, reviewing the MLCC file and updated documents


licensee sufficiently demonstrated through photographs and diagrams that the previous

questions concerning this application have been satisfactorily addressed. There will be no

transportation of alcohol between the current licensed premises via the connecting

passageway corridor in the Downtown Home and Garden Building and the new outdoor

Request ID No. 1712-04376 Page 3 service area.

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

and to approve the licensee’s request with conditions as stated on the record.



licensee’s request to redefine the licensed premises to include 211 West Washington St.,

Ann Arbor, Washtenaw County is APPROVED, subject to the following:







3. Receipt of executed form LC-95 (Proof of Financial Responsibility)

which includes both 218 S Ashley St and 211 W Washington St






B. The licensee’s request for new authorization for the outdoor sale, service,

and consumption of alcoholic beverages in an area measuring up to 55’ x 135’, located

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

APPROVED subject to the following provisions:

1. The outdoor service area(s) 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(s) only.

3. Transportation of alcohol between the current licensed premises via the connecting passageway corridor in the Downtown Home


and Garden Building and the new outdoor service area is strictly prohibited.

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

or consumption of alcoholic beverages in any portion of the approved

outdoor service areas designated for the playing of sporting activities

or for sporting events, including any break or intermission.

5. The licensee shall take all necessary actions to ensure the health,

safety and welfare of all patrons and guests.

C. The licensee’s request for one (1) new additional Bar (for a total of 2 Bars) is

APPROVED.














and/or revocation of the license and permits.






Date Mailed: tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) CEDAR THAI LLC ) Request ID No. 918627 28 S Main St ) Cedar Springs, Michigan 49319-5118 ) ) Kent County ) ) At the June 12, 2018 hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.



LICENSE APPEAL ORDER

On September 22, 2017, Cedar Thai LLC (“applicant”) filed a request to transfer

ownership of the escrowed 2017 Class C license with Sunday Sales Permit (P.M.) and

Dance-Entertainment Permit from Muncey, Inc. at the above-noted address. The applicant

also requested a new Specially Designated Merchant license issued under MCL

436.1533(5)(a); and authorization for the outdoor sale, service, and consumption of

alcoholic beverages in an area measuring up to 4’ x 31’, located directly adjacent to the

licensed premises, and which is well-defined and clearly marked.







Request ID No. 918627 Page 2 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, only.

At a meeting held on May 1 2018, the Commission denied the request under

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

necessary for investigation and processing of the application; specifically, income tax

returns.

Applicant member, Freddie Taylor, submitted a timely request for an appeal in this

matter and represented the applicant at the June 12, 2018 hearing, held at the

Commission’s Lansing office.

After hearing arguments, reviewing the MLCC file with updated documents provided

at the hearing, and discussion of the issue on the record, the Commission finds that the

applicant presented the subject income tax returns and same were deemed acceptable.


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



applicant’s request to transfer ownership of the escrowed 2018 Class C license from

Muncey, Inc. is APPROVED, subject to the following:








3. The licensee shall submit to a Final Inspection to be conducted by the Commission’s Enforcement Division to determine renovations have been completed as proposed; to determine the total cost and method of financing; to determine all furniture, fixtures and equipment have been installed; to determine seating capacity has been established and is posted; to determine a dance floor of not less than 100 sq. ft. has been installed and is free from obstructions; to determine the Outdoor Service area has been completed as proposed and is well defined and clearly marked; and to determine the licensed premises meets all requirements of the Michigan Liquor Control Code and Administrative Rules.

4. The licensee shall submit to the Commission an acceptable, executed

Promissory Note in the amount of $12,969.47 from Apogee

Enterprises, Inc., 401(k) Retirement Plan made payable to Mike Jost.

5. The licensee shall submit to the Commission a Promissory Note

indicating Cedar Thai, LLC received a loan in the amount of

$30,000.00 from Muncey, Inc.

6. The licensee shall submit to the Commission an acceptable, executed

Land Contract in the amount of $65,000.00 between Cedar Thai, LLC

(not its members) and Carol Bialk Real Estate, LLC.



8. The licensee shall maintain proof of financial responsibility, as

required under MCL 436.1803.




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

Form for New License or License Sale”).






12. 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, 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.

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 the existing Sunday Sales Permit (P.M.) to

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


observed.

Request ID No. 918627 Page 5 2. This permit is subject to revocation by operation of law or otherwise if

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



C. The applicant’s request to transfer the existing Dance-Entertainment 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 applicant’s request for a new Specially Designated Merchant license

issued under MCL 436.1533(5)(a) is APPROVED.

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

consumption of alcoholic beverages in an area measuring up to 4’ x 31’, 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.

4. The licensee shall take all necessary actions to ensure the health,

safety and welfare of all patrons and guests.

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


Request ID No. 918627 Page 6 ordinances as determined by the state and local law enforcement officials who have








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



and/or revocation of the licenses and permits.






tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) CLUBHOUSE 81 LLC ) Request ID No. 1802-01452 3880 Lapeer Rd ) Auburn Hills, Michigan 48326-1734 ) ) Oakland County ) ) At the June 28, 2018 hearing of the Michigan Liquor Control Commission in




LICENSING APPEAL ORDER On January 29, 2018, Clubhouse 81 LLC (“licensee”) filed an application to transfer

membership interest in the 2017 licensing year by adding new member, Edward Sickmiller

(“applicant”), through issuance of 50% membership interest from the company; and as a

result, existing member, Viktor Paljusaj, will hold 50% membership interest and new

member, Edward Sickmiller, will hold 50% membership interest in the subject 2018 Class C

license with Sunday Sales Permit (P.M.), Sunday Sales Permit (A.M.), Outdoor Service (1

Area), Dance-Entertainment Permit, and 3 Bars, located at the above-noted address.







thereof.

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

Request ID No. 1802-01452 Page 2 436.1535 for licensure. Under MCL 436.1537(1)(b), the licensee may sell beer, wine,

mixed spirit drink, and spirits for consumption on the premises.

At a meeting held on May 25, 2018, the Commission denied the request under MCL

436.2003 and administrative rules R 436.1105(2)(g) and 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, after considering the prior conviction record of applicant member, Edward

Sickmiller, and failure to report same to the Commission during the application process.

Kelly Allen, 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 in Southfield on

June 28, 2018.


the record, the Commission finds that the applicant provided mitigating circumstances

regarding the subject conviction record, and adequately addressed all previous concerns in

this matter.


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



licensee’s request to transfer membership interest in the 2018 licensing year by adding

new member Edward Sickmiller through issuance of 50% membership interest from the

company; and as a result existing member, Viktor Paljusaj, will hold 50% membership

interest and new member, Edward Sickmiller, will hold 50% membership interest.is










MCL 436.1803.








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









permits, and approvals before opening the business for operation. C. Failure to comply with all requirements of licensure in the State of Michigan









Date Mailed: August 1, 2018

tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) EKAM 3302, INC. ) Request ID No. 1805-05596 3302 S Waverly Rd ) Lansing, Michigan 48911-1466 ) ) Delta Township Eaton County ) ) At the June 26, 2018 hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.



CONDITIONAL LICENSE APPEAL ORDER On April 23, 2018, EKAM 3302, Inc. (“applicant”) filed a request for a conditional

license under MCL 436.1525(6) as well as a request to transfer ownership from Waverly

Party Store, LLC. The location at the above-noted address is the same location as the

existing license.

The Commission finds that Waverly Party Store, LLC is the holder of 2018 Specially

Designated Distributor and Specially Designated Merchant licenses with Sunday Sales

Permit (P.M.) issued by the Commission. The license, permit, and approvals held by the

existing licensee will be reviewed and considered under the conditional license application.







thereof.


Request ID No. 1805-05596 Page 2 436.1535 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.


request under MCL 436.1525(6). The request was also denied under administrative rule R

436.1105(2)(a) after considering the violation record of sole applicant stockholder,

Kulwinder Singh, who is currently licensed as a stockholder under Singh & Singh of Albion,

LLC. Commission records indicate that Singh & Singh of Albion, LLC has been found

responsible for nine (9) violations for writing nonsufficient funds checks to the Commission

totaling $11,542.86; which is contrary to administrative rule R 426.1059.

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 June 26, 2018 hearing, held




applicant sufficiently demonstrated a course of action has been taken to assist in



reverse its denial issued in this matter and to approve the applicant’s Conditional license

request.



applicant’s request for conditional Specially Designated Distributor and Specially

Designated Merchant licenses under MCL 436.1525(6) is APPROVED, subject to the

following:

1. The existing licenses and separate permits shall be submitted to the

Commission before or at the time of the issuance of the conditional

license, to remain in escrow under administrative rule R 436.1107

until one of the expiration factors is reached under MCL 436.1525(9).

2. Receipt of form LCC-108 (“Request to Place License in Escrow”).

3. Upon issuance of the conditional license, the licenses shall remain in

escrow under administrative rule R 436.1107 until one of the


expiration factors is automatically reached under MCL 436.1525(9)

pursuant to MCL 436.1525(11).




436.1525(9):



the Commission.












MCL 436.1803.

B. The applicant’s request for a conditional Sunday Sales Permit (P.M.) is



observed.








Request ID No. 1805-05596 Page 4 jurisdiction over the licensee. Under administrative rule R 436.1003(2), a licensee shall not








will result in the conditional 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 conditional license.

E. The approval of this conditional license does not guarantee approval by the








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STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) LEONARDO STERLING, LLC ) Request ID No. 755816 28697 Mound Rd ) Warren, Michigan 48092-5509 ) ) Macomb County ) ) At the June 21, 2018 hearing of the Michigan Liquor Control Commission in




LICENSING APPEAL ORDER

On April 15, 2014, Leonardo Sterling, LLC (“applicant”) filed a request to transfer

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

Entertainment Permit from Karyn M. Dillard, with the license to remain in escrow at the

above-noted address. The applicant also requested to cancel the Sunday Sales Permit

(P.M.).







thereof.

At a meeting held on May 9, 2018, the Commission denied this request under

administrative rule R 436.1105(1)(c) because it appeared that the applicant failed to

demonstrate an adequate physical plant or plans for an adequate physical plant

appropriate for the type and size of the proposed licensed business. Commission records

Request ID No. 7558163 Page 2 reflect the applicant indicated to the Commission investigator that the existing building at

the subject location has been demolished. The applicant further indicated that they are

undecided whether or not they will transfer to a new location or sell the license.

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

for an appeal in this matter and represented the applicant at June 21, 2018 hearing, held at

the Commission’s Southfield office.


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

application should be returned to commission staff for further processing to amend the

application to a new location based on an updated Lease Agreement provided at the

hearing.

THEREFORE, IT IS ORDERED that the denial order of May 9, 2018 issued in this

matter is REVERSED and this application is REMANDED to commission staff for further

processing.





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STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) MORENCI GARAGE LLC ) Request ID No. 1805-05405 136 W Main St ) Morenci, Michigan 49256-1419 ) ) Lenawee County ) ) At the June 14, 2018 hearing of the Michigan Liquor Control Commission in




CONDITIONAL LICENSE APPEAL ORDER On April 20, 2018, Morenci Garage LLC (“applicant”) filed an application for a

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

Jacob’s Lanes, L.L.C. The location at the above-noted address is the same location as the

existing license.

The Commission finds that Jacob’s Lanes, L.L.C.is the holder of a 2018 Class C

license with Sunday Sales Permit (P.M.) issued by the Commission. The license, permit,

and approvals held by the existing licensee will be reviewed and considered under the

conditional license application.





Request ID No. 1805-05405 Page 2 and duty to control the alcoholic beverage traffic and traffic in other alcoholic liquor within


thereof.



mixed spirit drink, and spirits for consumption on the premises.


request under MCL 436.1525(6). The request was also denied under MCL 436.2003 and

administrative rules R 436.1105(2)(g) and 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, after

considering the prior conviction record of applicant member, Edward Sickmiller, and failure

to report same to the Commission during the application process.

Kelly Allen, 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 in Southfield on

June 14, 2018.


the record, the Commission finds that the applicant provided mitigating circumstances

regarding the subject conviction record, and adequately addressed all previous concerns in

this matter.


reverse its denial issued in this matter and to approve the applicant’s conditional license

request.



applicant’s request for a conditional Class C license under MCL 436.1525(6) is



1. The existing license and separate permit shall be submitted to the

Commission before or at the time of the issuance of the conditional

license, to remain in escrow under administrative rule R 436.1107

until one of the expiration factors is reached under MCL 436.1525(8).

2. Receipt of form LCC-108 (“Request to Place License in Escrow”).




436.1525(9):



the Commission.











5. The conditional 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 conditional license, as


provided in administrative rule R 436.1060. Pursuant to MCL

436.1525(8), the conditional license is required to comply with the

server training requirements beginning on the date the conditional

license is issued regardless of whether the conditional licensee is

actively operating under the conditional license.

a. The conditional 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.


within 180 days of the issuance of the conditional license shall

result in the conditional 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.

6. The conditional licensee shall maintain proof of financial

responsibility, under MCL 436.1803.

B. The applicant’s request for a conditional Sunday Sales Permit (P.M.) is



observed.









Request ID No. 1805-05405 Page 5 use a license at the licensed premises unless a temporary or permanent certificate of





permits, and approvals before opening the business for operation. D. Failure by the conditional licensee to comply with all laws and rules may

result in the revocation of the approval contained in this order.

E. The approval of this conditional license does not guarantee approval by the







Date Mailed: June 28, 2018

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STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LIQUOR CONTROL COMMISSION

* * * * *

In the matter of the request of ) ) NEPTUNE’S CAVERN, INC. ) Request ID No. 523408 373 N Willowbrook Rd ) Coldwater, Michigan 49036-8866 ) ) Branch County ) )

At the June 12, 2018, hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.



EXTENSION OF ESCROW APPROVAL 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


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.

On April 18, 2018, the Commission received correspondence dated April 12,

2018 from Neptune’s Cavern, Inc. (“licensee”) requesting an extension of time beyond

five (5) licensing years in which to renew the 2017 Class C and Specially Designated

Merchant licenses with Sunday Sales Permit (P.M.), Specific Purpose Permit (Food)

and Dance Permit, located at the above-noted address.


Under administrative rule R 436.1107(4) the Commission may extend the length

of time for which a licensee may renew the license upon written order of the

Commission after the showing of good cause.

On May 2, 2018, the Commission denied the licensee’s request under

administrative rule R 436.1107(4) because the licensee failed to demonstrate good

cause to grant an extension of time.

Clarissa Paradine, sole member of the LLC, submitted a timely request for an

appeal in this matter and represented the licensee at the June 12, 2018 hearing, held at

the Commission’s Lansing office.


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

cause is shown through the licensee’s active plan of marketing the licenses because

she no longer plans to place the licenses into active operation and operate the

business.

After reviewing the file and discussion of the issues at the meeting, the

Commission finds that the licensee has shown good cause for an extension of time

beyond five (5) years; and that this request should be approved.



licensee’s request for an extension of time beyond five (5) years is APPROVED until

April 30, 2019, subject to the following:

1. Execution and return of the enclosed 2018-2019 license renewal forms

and payment of the statutory fees for the 2018-2019 licensing renewal

year, within 15 days from the delivery of this order.

2. Failure of the licensee to execute and return the renewal form and pay the

statutory license fees shall result in the license(s) being terminated

pursuant to the provisions of administrative rule R 436.1107, without

further order of the Commission.


3. The licensee shall be responsible for providing the Commission with

current contact information, in writing, for all correspondence, which

includes the name, mailing address, and telephone number, under

administrative rule R 436.1107(6).

4. This order is the only notice that will be provided notifying of the expiration

of the license on April 30, 2019, pursuant to the approval contained in this

order.

5. The licensee shall not request a further extension of time unless the

licensee is able to demonstrate a detailed plan for activation of the license.





Date Mailed: June 29, 2018 tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) NORMAN S. EICHNER ) Request ID No. 1803-03280 3086 McClure ) Troy, Michigan 48084 ) ) At the June 7, 2018 hearing of the Michigan Liquor Control Commission in





On March 15, 2018, Norman S. Eichner (“applicant”) filed a request for a new

Salesperson license.







thereof.

At a meeting held on March 28, 2018, the Commission denied this request under

MCL 436.2003 and administrative rules R 436.1105(2)(g) and 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, after considering the prior conviction record and driving record of the

applicant; and failure to report same to the Commission during the application process.

Norman Eichner submitted a timely request for an appeal in this matter and

Request ID No. 1803-03280 Page 2 commission records indicate that on May 25, 2018, MLCC staff verbally confirmed a June

7, 2018 hearing date to be held in the Southfield office. A hearing schedule letter was also

emailed to Mr. Eichner on that same date confirming the scheduled hearing date and there

was no appearance made on behalf of the applicant at the hearing.


the record, the Commission finds that proper notice of the hearing was provided to the

applicant as noted on the record.

The Commission does not find error with the application of the MLCC Code or

Administrative Rules and finds sufficient reasons to uphold its denial issued in this matter

for the reasons stated on the record.

THEREFORE, IT IS ORDERED that the denial order of March 28, 2018 issued in

this matter is AFFIRMED.






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STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) ODISH FAMILY, INC. ) Request ID No. 1803-02773 1489 N Main St ) Lapeer, Michigan 48446-1367 ) ) Lapeer County ) ) At the June 28, 2018 hearing of the Michigan Liquor Control Commission in


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

ORDER RECOMMENDING GRANTING WAIVER OF CHURCH LOCATION REQUIREMENT







thereof.

History:

Odish Family, Inc. (“applicant”) has filed an application to transfer ownership of a

2018 Specially Designated Distributor license with Sunday Sales Permit (P.M.) from LNS

Investments, LLC. The applicant also requested to transfer location (governmental unit)

Request ID No. 1803-02773 Page 2 under MCL 436.1531(18) from 4496 Bowers Rd, Attica, Attica Township, Lapeer County, to

the above-noted address; and requested new Motor Vehicle Fuel Pumps issued under

MCL 436.1541(1) and new Beer and Wine Tasting Permit.

According to the measurement conducted by the Commission’s Enforcement

Division under MCL 436.1503(1), First Baptist Church, located at 1212 Knollwood, Lapeer,

Lapeer County, is 362 feet from the proposed location.

A Resolution dated April 11, 2018 was submitted by First Baptist Church objecting to

the request, within 15 days of the notification as required under administrative rule R

436.1955(1). The reason cited in the objection to the license request is increased access

of liquor within the community is a moral one, because church members abstain from the

sale and use of intoxicating drinks as a beverage. The letter also expressed gratitude to the

licensee’s current business, indicating customers are not a nuisance due to wise

management, and thanking them for being good neighbors.

MCL 436.1503(1) provides that an application to transfer location of a license to sell

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

of a church or school building. MCL 436.1503(4), states that: “The commission may waive

this section for all classes of licenses. If an objection is not filed by the church or school,

the commission may issue the license pursuant to this act. If an objection is filed, the

commission shall hold a hearing pursuant to rules established by the commission before

making a decision on issuing the license.” Since an objection was received from First

Baptist Church after notification of the proposed license transfer, a church hearing was

scheduled.

On June 28, 2018, a Church Hearing in this matter was held at the Southfield office

of the Commission. Representing the applicant at the hearing were Attorney Joseph

Shallal and stockholder, Rakan Odish. Although notice was provided to First Baptist

Church, there was no representative present at the hearing. Further, legal counsel on

behalf of the applicant raised a procedural issue with this church as to whether or not it

meets the definition of a “Church” under MCL 436.1107 (7).

Findings of Fact:


● The Commission finds that the applicant has operated with a Specially

Designated Merchant license for over six (6) years with no violations of the

Michigan Liquor Control Code.

● The Commission finds that the applicant demonstrated that the licensed

premises is separated from the church by a large parking lot and a row of

trees and are good neighbors with the church.

● The Commission finds that the subject property is located in a zoning district

which authorizes this use in this location.

Conclusions of Law


the record, the Commission finds that the applicant demonstrated by competent, material

and substantial evidence, as noted above, that granting a license would not adversely

affect the operation of the church. While the church has articulated values important to it,

its mission, and its members, neither church has provided a demonstrable basis as to how

this particular applicant and proposed business would impact the church. The Commission

finds that waiving the statutory requirement in MCL 436.1503 is permissible in this case.

THEREFORE, IT IS ORDERED that a waiver of MCL 436.1503 is permissible in this

case.






Date Mailed: August 3, 2018

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STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) RABEEA & MINA, INC. ) Request ID No. 1804-04081 19345 W Warren Ave ) Detroit, Michigan 48228-3347 ) ) Wayne County ) ) At the June 21, 2018 hearing of the Michigan Liquor Control Commission in





On April 4, 2018, Rabeea & Mina, Inc. (“applicant”) filed a request for a conditional

license under MCL 436.1525(6), as well as a request to transfer ownership of the 2017

Specially Designated Distributor and Specially Designated Merchant licenses with Sunday

Sales Permit (P.M.) from Semma Liquor Shop, Inc., at the above-noted address.







thereof.

At a meeting held on May 18, 2018, the Commission denied this request under MCL

436.1525(6); and under administrative rule R 436.1105(2)(a) after considering the

operating record of applicant stockholder, Sami E. Werdo, who is currently licensed as a

stockholder of Shawn & Mario, Inc. Commission records reflect that Shawn & Mario, Inc.

Request ID No. 1804-04081 Page 2 was found responsible for a total of six (6) violations of the sale of alcohol to minors ages

16, 18, 19 and 20 years old; which is contrary to MCL 436.1801(2).

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

considering the 2008 conviction of Sami E. Werdo.

Further, the request was 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.

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

appeal in this matter and represented the applicant at the June 21, 2018 hearing held in

Southfield.


the record, the Commission finds that the applicant failed to present an adequate

demonstration of policies and procedures in place to prevent future violations of the

Michigan Liquor Control Code and Administrative Rules.

For these reasons, and for the reasons stated on the record, the Commission does

not find error with the application of the MLCC Code or Administrative Rules, and the

previous order is affirmed.

THEREFORE, IT IS ORDERED that the denial order of May 18, 2018 issued in this

matter is AFFIRMED.





Date Mailed: August 14, 2018 tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) ROCKS MERIDIAN PARTY STORE II INC. ) Request ID No. 1712-04581 1306 Michigan Ave, Ste A ) East Lansing, Michigan 48823-4023 ) ) Ingham County ) ) At the June 5, 2018 hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.




On December 13, 2017, Rocks Meridian Party Store II Inc. (“applicant”) filed a

request for a new Specially Designated Merchant license issued under MCL 436.1533(5)

with Sunday Sales Permit (A.M.) and Beer and Wine Tasting Permit, to be held at the

above-noted location.







thereof.


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

consumption off the premises, only.


At a meeting held on May 9, 2018, the Commission denied this request under

administrative rules R 436.1105(2)(a), R 436.1105(2)(g) and R 436.1105(2)(j) after

considering the prior operating record and conviction record of applicant stockholder,

Harpreet Singh; and 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.

Commission records reflect that Harpreet Singh is licensed as a stockholder under

Rock’s Party Store, Inc., Rock’s Meridian Party Store, Inc., and Rock’s Mason Party Store

Inc. Rock’s Party Store, Inc. was found responsible for two (2) violations of the sale of

alcohol to a minor: in 2016 to an 18 year old minor, and to a 17 year old minor in 2017,

which is contrary to MCL 436.1801(2).

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 June 5, 2018 hearing, held




applicant adequately demonstrated a course of action has been taken to assist in


The applicant has sufficiently answered all previous questions concerning this application.


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



applicant’s request for a new Specially Designated Merchant license issued under MCL

436.1533(5) at the subject location is APPROVED, subject to the following:








3. The licensee shall submit to a Final Inspection to be conducted by the Commission’s Enforcement Division to determine construction has been completed as proposed; to determine all furniture, fixtures and equipment have been installed; to determine inventory has been installed; and to determine that the premises meets all requirements of the Michigan Liquor Control Code and Administrative Rules.

4. The licensee shall submit to the Commission a valid Retail Food

Establishment License or Extended Retail Food Establishment

License for the applicant at the subject location as required under

MCL 436.1533(1).

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

executed lease agreement.




MCL 436.1803.



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

Form for New License or License Sale”).






B. The applicant’s request for a new 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 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

Request ID No. 1712-04581 Page 4 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.

C. The applicant’s request for a new Beer and Wine Tasting Permit is


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).




















Date Mailed: June 26, 2018

tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) ROCKS MERIDIAN PARTY STORE II INC. ) Request ID No. 1712-04583 1306 Michigan Ave, Ste A ) East Lansing, Michigan 48823-4023 ) ) Ingham County ) ) At the June 12, 2018 hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.

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

ORDER RECOMMENDING GRANTING WAIVER OF CHURCH LOCATION REQUIREMENT







thereof.

History:

Rocks Meridian Party Store II Inc. (“applicant”) has filed an application for a new

Specially Designated Distributor license issued under MCL 436.1533(5), with Sunday Sales

Permit (P.M.) at the above-noted address; to be held in conjunction with proposed new

Request ID No. 1712-04583 Page 2 Specially Designated Merchant license issued under MCL 436.1533(5), with Sunday Sales

Permit (A.M.) and Beer and Wine Tasting Permit.

According to the measurement conducted by the Commission’s Enforcement

Division under MCL 436.1503(1), Korean New Hope Baptist Church, located at 149

Highland Ave, East Lansing, Ingham County, is 417 feet from the proposed location.

A Resolution dated March 4, 2018 was submitted by Korean New Hope Baptist

Church objecting to the request within 15 days of the notification, as required under

administrative rule R 436.1955(1). A summary of the reasons cited in the objection was

the proximity of the applicant location being too close to the church; safety concerns for

congregation members, residential neighbors, and college students; alcohol liquor sales on

Sunday morning; and concerns of a previous licensee operating in the vicinity whose

business operations involving alcohol had a negative effect on their neighborhood.

MCL 436.1503(1) provides that an application to transfer location of a license to sell

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

of a church or school building. MCL 436.1503(4), states that: “The commission may waive

this section for all classes of licenses. If an objection is not filed by the church or school,

the commission may issue the license pursuant to this act. If an objection is filed, the

commission shall hold a hearing pursuant to rules established by the commission before

making a decision on issuing the license.” Since an objection was received from Korean

New Hope Baptist Church after notification of the proposed new license request, a church

hearing was scheduled.

A Church Hearing in this matter was held on May 29, 2018, at the Lansing office of

the Commission. Representing the applicant at the hearing was Attorney Michael Brown

and stockholder, Harpreet Singh. Appearing on behalf of Korean New Hope Baptist

Church was Deacon Song Yu.

After hearing arguments from representatives on behalf of the Church and the

applicant, and discussion on the record, the matter was tabled and was reconvened on

June 12, 2018. Attorney Michael Brown and Harpreet Singh appeared on behalf of the

applicant, and Deacon Song Yu appeared on behalf of Korean New Hope Baptist Church

at this hearing.

Request ID No. 1712-04583 Page 3 Findings of Fact:

● The Commission finds that the applicant demonstrated they are current

license holders at three (3) other locations and plan to operate this business

under the same policies and this new location will not operate after midnight.

● The Commission finds that the applicant demonstrated on the record they

are cancelling the Sunday Sales (A.M.) Permit held in conjunction with the

Specially Designated Merchant license at the subject location.

● The Commission finds that the applicant demonstrated they intend on being

a good neighbor to the church and will abide with all East Lansing City

ordinances.

● The Commission finds compelling a letter entered into the record from Chief

Donald Hanson of the Mason Police Department dated May 25, 2018

indicating the licensee’s business has operated in a quiet manner while

serving customers in the City of Mason.

Conclusions of Law


the record, the Commission finds that the applicant demonstrated by competent, material

and substantial evidence, as noted above, that granting a license would not adversely

affect the operation of the church. While the church has articulated values important to it,

its mission, and its members, the church has not provided a demonstrable basis as to how

this particular applicant and proposed business would impact the church. The Commission

finds that waiving the statutory requirement in MCL 436.1503 is permissible in this case.

THEREFORE, IT IS ORDERED that a waiver of MCL 436.1503 is permissible in this

case.






Date Mailed:

tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) SHAUNEL’S, LLC ) Request ID No. 1802-01477 69595 Sunset Blvd ) Union, Michigan 49130-8724 ) ) Porter Township Cass County ) ) At the June 12, 2018 hearing of the Michigan Liquor Control Commission in

Lansing, Michigan.



CONDITIONAL LICENSE APPEAL ORDER On January 30, 2018, Shaunel’s LLC (“applicant”) filed an application for a

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

George’s Café, Inc. The location at the above noted address is the same location as the

existing license.

The Commission finds that George’s Café, Inc. is the holder of escrowed 2018

Class C and Specially Designated Merchant licenses with Sunday Sales Permits (A.M. &

P.M.), and Dance-Entertainment Permit issued by the Commission at the subject address.







thereof.


Request ID No. 1802-01477 Page 2 436.1535 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 for consumption off the premises, only.


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

R 436.1105(2)(d) and R 436.1041(1) after considering the two (2) letters of objection

submitted to the Commission by local residents. The letters allege the applicant may be

obtaining the licenses for the use and benefit of the current licensee, George’s Café, Inc.

with sole stockholder, Robert George. Commission records reflect George’s Café, Inc. was

ordered by Commissioner Edward Clemente on April 28, 2017 to place the subject licenses

into escrow by May 1, 2017 due to multiple violations occurring on the licensed premises.

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

for an appeal in this matter and represented the applicant at hearings held in Lansing on

May 29, 2018 and June 12, 2018.


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

the Commission finds that the applicant adequately demonstrated the subject license will

only benefit the applicant entity. The applicant attested that Robert George will have

absolutely no involvement in the business operation; will not be an employee of the

licensee, either on paid or voluntary basis; and will not be a consultant to the new licensee

in any way.


reverse its denial issued in this matter and to approve the applicant’s conditional license

request.



applicant’s request for conditional Class C and Specially Designated

Merchant licenses under MCL 436.1525(6) is APPROVED, subject to the

following:





436.1525(9):



the Commission.











3. The conditional 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 conditional license, as

provided in administrative rule R 436.1060. Pursuant to MCL

436.1525(8), the conditional license is required to comply with the

server training requirements beginning on the date the conditional

license is issued regardless of whether the conditional licensee is

actively operating under the conditional license.


a. The conditional 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.


within 180 days of the issuance of the conditional license shall

result in the conditional 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.


MCL 436.1803.

B. The applicant’s request for a conditional 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.

C. The applicant’s request for a conditional Sunday Sales Permit (P.M.) is



observed.






D. The applicant’s request for a conditional Dance-Entertainment 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.

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









permits, and approvals before opening the business for operation. F. Failure by the conditional licensee to comply with all laws and rules may

result in the revocation of the approval contained in this order.

G. The approval of this conditional license does not guarantee approval by the








Date Mailed:

tlc

STATE OF MICHIGAN


* * * * *

In the matter of the request of ) ) SMD VENTURES LLC ) Request ID No. 764628 286 W Tienken Rd ) Rochester Hills, Michigan 48306-4404 ) ) Oakland County ) ) At the June 7, 2018 hearing of the Michigan Liquor Control Commission in


PRESENT: Andrew J. Deloney, Chairperson Teri L. Quimby, Commissioner


LICENSING APPEAL ORDER On July 29, 2015, SMD Ventures LLC (“applicant”) filed a request for a new

Specially Designated Distributor (“SDD”) license under MCL 436.1537 with new Sunday

Sales Permit (P.M.) at the above-noted address; to be held in conjunction with 2015

Specially Designated Merchant license with Sunday Sales Permit (A.M.), and Beer and

Wine Sampling Permit at this location.







thereof.

At a meeting held on November 20, 2015, the Commission denied the subject

Request ID No. 764628 Page 2 request under administrative rule R 436.1133 because the applicant did not appear to

qualify for a waiver under administrative rule R 436.1133 relative to an existing SDD

licensee located within 2,640 feet of the proposed location. Commission records indicate

that Apex Drugs, Inc. holds an SDD license 1,345 feet away from the applicant’s proposed

location at 6970 N Rochester Rd, Rochester Hills, Oakland County, and the applicant did

not appear to qualify for any applicable waivers under administrative rule R 436.1133.

Commission records further indicate that Hollywood Super Market No. 6, LLC holds

an SDD license 1,185 feet away from the applicant’s proposed location at 1495 N

Rochester Rd, Rochester Hills, Oakland County, and the applicant qualified for a waiver

under administrative rule R 436.1133 as permitted under (c) because the two (2) locations

are separated by Tienken Rd; which is a qualifying major thoroughfare of not less than 4

lanes of through traffic.

Sole applicant member, Sundee DeTomaso, submitted a timely request for an

appeal in this matter and Gus Abro, legal counsel on behalf of the applicant, represented

the applicant at the June 7, 2018 hearing held in Southfield.

Rule R 436.1133 of the Michigan Administrative Code has been rescinded. The

rescission was effective April 17, 2018 by authority conferred on the Liquor Control

Commission by section 215(1) of 1998 PA 58, MCL 436.1215(1), and Executive

Reorganization Order No. 2011-4, MCL 445.2030.

However, under administrative rule R 436.1105(1)(c), an applicant for a license shall

provide evidence in the application of, or demonstrate at a hearing the existence of an

adequate physical plant or plans for an adequate physical plant appropriate for the type

and size of the proposed licensed business. After hearing arguments, reviewing the MLCC

file, and discussion of the issue on the record at the hearing, the applicant indicated that

they no longer have a valid lease agreement at the subject applicant location and another

business is currently operating in that space.

For the reasons stated on the record, the previous order is affirmed because the

applicant stated she now does not have proof of the existence of an adequate physical

plant for the type and size of the proposed licensed business as required under

administrative rule R 436.1105(1)(c) for this location. The Commission does not find error

Request ID No. 764628 Page 3 with the application of the MLCC Code or Administrative Rules.

THEREFORE, IT IS ORDERED that the denial order of November 20, 2015 issued

in this matter is AFFIRMED.





Date Mailed: June 28, 2018 tlc

STATE OF MICHIGAN LIQUOR CONTROL COMMISSION · 2019. 6. 19. · Grosse Pointe, Michigan 48236 ) ) Wayne County ) ) At the June 26, 2018 hearing of the Michigan Liquor Control Commission

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