The Michigan Liquor Control Commission (MLCC) has alerted the League that they are changing philosophy a bit on the issuance of liquor licenses.  The current MLCC Board members have reviewed the Michigan Compiled Laws (MCL) for the Liquor Code and are adjusting policies to ensure that their actions reflect Michigan law.

They are treating the granting of liquor licenses as just that – granting a piece of paper that allows a person to sell alcohol.  The are no longer requiring evidence of local approvals (zoning permits, building permits, food service checks, etc.) for business owners before issuing liquor licenses, as was done in the past. That being said, they are putting language on the application and license specifying that issuance of a liquor license DOES NOT substitute for local approvals and that applicants must still comply with all state and local requirements before being able to open and operate a business.  If applicants do not have local approvals, they will have a certificate to sell alcohol, but will not be able to have the place of business open and operating.

MLCC has added the following language to the applications and licenses:

“the licensee must be in compliance with Commission Rule 436.1003, which states that a licenses shall comply with all state and local building, plumbing, zoning, sanitation, and health laws, rules and ordinances as determined by the state and locals law enforcement officials who have jurisdiction over the licensees.  Issuance of this license by the Michigan Liquor Control Commission does not waive this requirement.”

MLCC members are seeking the League’s input as to the above language.  If you think that there needs to be more specific language or something else in the language, please email me and we will make the request for it to be inserted.

Thanks!

Andy Schor is the Assistant Director of State Affairs for the Michigan Municipal League. Contact him at (517) 908-0300 or by email at aschor@mml.org. 

The Michigan Foreclosure Task Force today launched a free, online Community Foreclosure Response Toolkit  -- a unique, user-friendly, one-stop-shop resource to allow community stakeholders like your constituents to easily find the basic information, resources, strategies and best-practice models they need to respond effectively to the ongoing foreclosure crisis in their area. The toolkit website is searchable and  interactive, allowing communities to submit additional best practice models and request a speaker from the MFTF team to introduce and orient their community to this new resource and the ways in which it can be used. A PDF version of the toolkit is also be downloadable from the website.  The Michigan Municipal League is a member of he Michigan Foreclosure Task Force.

Andy Schor is the Assistant Director of State Affairs for the Michigan Municipal League. Contact him at (517) 908-0300 or by email at aschor@mml.org.

The House Regulatory Reform Committee met last week to discuss HB 5011, which would allow for temporary liquor licenses while permanent licenses are being considered.  Several  folks testified in support of this legislation as a way to allow businesses to operate while waiting for the sometimes-lengthy approvals.  Several people, though, requested that this bill wait until the Administrative Rules Committee (ARC), which is reviewing all liquor rules and laws, issue their final report.  At that time, it is expected that several bills will be introduced on a variety of topics and many of the concerns addressed with this bill will be addressed.

The Michigan Municipal League testified neutral on the bill, but asked for language to assure that these temporary licenses are not subject to “takings” claims if they are revoked or if the permanent licenses is not issued.  Previous court decisions have established that liquor licenses are property and that taking them away by the state or locals is taking away future profits.  As such, taking away a license needs to be reimbursed for future profits and worth.  The League strongly suggested that this bill include language to prevent these temporary licenses from being considered as property and subject to takings lawsuits.

The Michigan Township Association also testified neutral and asked for conditions to be added to assure that the business owner has received local approvals for business operations and is able to actually use the liquor license. They said that they don’t want these issued when the business cannot actually open then have the business owner complain about having the license but not the approvals from the locals.

The bill is expected to see action, but not until the rest of the ARC recommendations are made. The Committee Chair indicated that there will be several bills moving soon, and that the committee will start its work when it receives the ARC report.

Andy Schor is the Assistant Director of State Affairs for the Michigan Municipal League. Contact him at (517) 908-0300 or by email at aschor@mml.org.

The House and Senate General Government Committees both passed their initial budgets out of committee, and both cut the funding dedicated for local economic development that was supposed to replace the former Brownfield and Historic and MEGA credits.

Governor Rick Snyder proposed to allocate $100 million in his budget. The Senate committee cut the funding from $100 million to $66 million (HB 5382).  The House committee cut the funding from $100 million to $90 million (SB 954). The dollars are listed in the Economic Gardening and Business Attraction lines of the bills, and go towards the newly passed Community Revitalization and Business Development programs. The bills are each still in the initial stage, as both will still need to go through their full Appropriations committees and pass in their own chamber then pass in the other chamber.

League members are highly encouraged to contact both their Senator and their Representative and ask them to return the funding to $100 million in both bills. With the Legislature on recess for two weeks and not meeting, this is a prime time to get them back in their district.

Tell legislators that they eliminated the Brownfield and Historic and MEGA credits and promised to replace those credits with this appropriation. HB 5382 and SB 954 significantly cut those new programs just one year after they were created.  The budget cuts will:

-          cost our communities future jobs

-          make revitalization of blighted buildings much more difficult

-          leverage significantly less private development.

Andy Schor is the Assistant Director of State Affairs for the Michigan Municipal League. Contact him at (517) 908-0300 or by email at aschor@mml.org.