Carlin Edwards Brown PLLC
Attorneys & Counselors at Law
 

MICHIGAN HOSPITALITY LAW NEWSLETTER

Fall Edition 

November 2013

In This Issue
Legislative News
Feed The Need
MRA Annual Show
Upcoming Events

  Congratulations to

our Clients

 on their

License Transfers

&

Recent Openings


  

Escape Bar & Grill

(Cadillac)

 

 Trotside

(Northville)

 

Paddy Jacks

(Whiteford)

 

Red Crown

(Grosse Pointe)

  

Falling Down Beer Co.

(Warren)

  

Wingstop

(Warren)

 

Smash Burger

(Grand Rapids)

 

Silver Spoon Restaurant

(Rochester Hills)

 

Otsego Club

(Gaylord)

 

Eddie Merlot's

(Birmingham)

 

On the Dunes

(Commerce Township)

 

Freedom Hill Amphitheatre

(Sterling Heights)

 

Starwood Hotels

 

Sunrise Stores

 

Texas Roadhouse

(Westland)

 

Neal's Bar & Grill

(Port Huron)

 

Pontchartrain Hotel

(Detroit)

 

Firebird Tavern

(Detroit)

 

River Rock Grille

(Indian River)

 

Leland Lodge

(Leland)

 

Tin Fish

(Grosse Pointe)

 

Maris

(Grosse Pointe Park)

 

9 Bean Rows

(Suttons Bay)

 

Jonas on Front Street

(Traverse City)

 

World of Beer

(Ann Arbor)

 

Whole Food Market

(Detroit)

 

The Cheesecake Factory

(Novi)

 

Cellar 59

(Clinton Township)

 

Hiller's Market

(Lyon Township)

 

Continental Catering & Events

(Troy)

 

Dollar General

(Multiple Locations)

 

Fat Head's Bar and Grill

(Westland)

 

Pat & Bud's Grocery

(Gaylord)

 

Ferndale Public House

(Ferndale)

 

Sterling's Bistro

(Sterling Heights)

 

Steelhouse Tavern

(Troy)

 

Maple Theater

(Bloomfield)

 

Hop Cat

(East Lansing)

 

Griffin Claw Brewing Co.

(Birmingham)

 

BurgerFi

(Ann Arbor)

 

Peppino's

(East Lansing)

 

Big Rapids Bowling Center

(Big Rapids)

 

Alamo Drafthouse Cinema

(Kalamazoo) 

 


  

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 © Carlin Edwards Brown PLLC 2013.

  All rights reserved. 

 

This newsletter provides general information and does not constitute legal advice in any way. 


 


 Find industry updates on our website and blog

www.cebhlaw.com


   


Carlin Edwards Brown PLLC


 

John B. Carlin, Jr.

 (248) 816-3210

jcarlin@cebhlaw.com

 

Scott D. Edwards

 (248) 816-3205

sedwards@cebhlaw.com

 

Michael J. Brown

 (517) 321-4616

mbrown@cebhlaw.com

 

Rick Perkins

(517) 321-4623

rperkins@cebhlaw.com

 


 

 

Legislative News

 

Summary of recent action involving alcoholic beverage legislation that we're keeping a close eye on.

 

Conditional Licenses

HB 4277 - Introduced 2/19/13, Passed House 3/21/13 (109-1), Senate Regulatory Reform Committee Hearing 10/24/13 (passed out of committee 7-0)

  • Creates a "Conditional License" allowing applicant to operate business while MLCC investigation is ongoing
  • Available to new SDM applications and transfer ownership of any existing license at same location - not available for new on-premises licenses, new SDD licenses, or transfer locations
  • Requires MLCC to approve or deny Conditional License application within 20 business days after receipt of completed application, acceptable proof of financial responsibility and executed property document
  • MLCC can deny Conditional Application based on criminal arrest and conviction record and past operating history of applicant

 

 

Brewers, Micro Brewers, Brewpubs

HB 4709 - Increase Micro Brewer Annual Production - Introduced 5/9/13, Regulatory Reform Committee Hearings 9/10/13 & 10/29/13 (passed out of Committee 12-0)

  • Increase maximum annual production for Micro Brewer from current 30,000 barrels per year to 60,000 barrels per year

 

 

HB 4710 - Increase Brewpub Ownership and Annual Production Limits - Introduced 5/9/13, Regulatory Reform Committee Hearings 9/10/13 & 10/29/13 (passed out of Committee 12-0)

  • Increase allowable Brewpub ownership to six (6) Locations (increase from current 3 location limit) & increase maximum annual Brewpub production to 18,000 Barrels per year (increase from current 5,000 barrel limit)

 

 

HB 4711 - Increase Brewer On-Premises Sale Locations - Introduced 5/9/13, Regulatory Reform Committee Hearings 9/10/13 & 10/29/13 (passed out of Committee 12-0)

  • Increase number of locations that Brewer can sell its beer for on-premises consumption to two (2) locations (increase from current 1 location limit)

 

 

SB 650 - Micro Brewer Self Distribution - Introduced 10/24/13, Regulatory Reform Committee Hearing 10/24/13 (passed out of Committee 5-0)

  • Allows in-state and out-of-state Micro Brewers that produce in total no more than 1,000 barrels per year to self-distribute to retailers
  • Delivery must be made by employee of the Micro Brewer
  • Tie barred to SB 504, SB 505, SB 506, SB 507 & SB 651

 

 

SB 651 - Increase Micro Brewer Annual Production - Introduced10/24/13, Regulatory Reform Committee Hearing 10/24/13 (passed out of Committee 5-0)

  • Increase maximum annual production for Micro Brewer from current 30,000 barrels per year to 60,000 barrels per year
  • Tie barred to SB 504, SB 505, SB 506, SB 507 & SB 651

 

 

Aid & Assistance

SB 505 - Aid and Assistance - Introduced 9/17/13, Regulatory Reform Committee Hearing 10/24/13 (passed out of Committee 7-0)

  • Solidify aid and assistance prohibition between alcoholic beverage suppliers, wholesalers and retailers
  • Prohibit the Commission from expanding goods and services from alcoholic beverage suppliers and wholesalers to any other licensee unless adopted prior to January 1, 2013
Feed the Need Program
 

I am proud to report that our Detroit Area Chef's Feed the Need Program is now in its 3rd year and still providing a full meal to 250-300 homeless men, women, and children every Wednesday. We alternate between the Cass Community Center in Detroit and the Baldwin Center in Pontiac. This effort was launched at the Restaurant Show in 2011. The restaurants and their employees who participate really enjoy helping those in need and, in fact, many of them have signed up to do other meals at these facilities on their own.  

 

If you would like to join us and be a part of this program, contact John Carlin at (248) 816-3210. We do have cancellations and need restaurants to fill in so please give us a call. You will enjoy being a part of this program and giving back to those who are in need. It is an inspiring experience.

MRA Annual Restaurant Show

 

The Michigan Restaurant Association Annual Restaurant Show kicked off on Monday evening, October 14th with a PAC fundraiser event at the Suburban Collection Showplace in Novi.  The victim was former longtime President of the MRA, Rob Gifford.  Rob is now a Vice President of the National Restaurant Association.  A whole line of roasters had fun at Rob's expense and the event was very nice and well attended.  The current Chairman of the NRA, Phil Hickey, Jr., was on the team and helped the MRA raise money to use for the benefit of all restaurant owners and operators in Michigan.

 

The show began on Tuesday morning, October 15th with Chairman Phil Hickey sharing with us the goals of the NRA in these challenging times.  The new health care issues were one of the areas that he focused on in a fine presentation.  

 

The show itself was larger this year with more exhibitors and addressed more areas of concern or benefit to restaurant operators.  The exhibits covered the field in many areas of concern to operators and staff and were also well attended by culinary students from all over the State.  John Carlin visited with his nephew, Aaron Gaertner, who teaches in Bay City and has been involved for a number of years as a chef and teacher/mentor to students and is especially involved in Pro Start and other educational programs training future chefs.

 

The second day began with an interesting presentation by Beervangelist, Fred Bueltmann, owner of New Holland Brewing Co.  Our Rick Perkins spent some time with Fred going over the "old days" when he was just starting out and Rick was head of the MLCC's Manufactures and Wholesalers Section.  There was a packed house for this event and everyone enjoyed his presentation. 

 

Once again the MRA put on a great show and we encourage all to attend next year's show.  It is well worth the time and effort. 

Upcoming Events                       

 

Michigan Liquor Control Commission

Semi-Annual Meeting

December 4, 2013

MLCC Office - Lansing, MI

 

 

2014 Michigan Brewers Guild Winter Conference

January 8-10, 2014

Radisson Plaza Hotel - Kalamazoo, MI

 

 

2014 Michigan Grape & Wine Conference

February 26-28, 2014

Grand Traverse Resort - Acme, MI

[Carlin Edwards Brown PLLC is a Vintage Sponsor and Rick Perkins is speaking at the Conference]