The holidays bring with them increased liquor sales and added crowds to area restaurants, bars and other businesses. Michigan Liquor Control Commission (MLCC) Chairman Andy Deloney today offered the state’s 17,000 liquor licensees tips for a safe and successful holiday season.
“Liquor licensees and their businesses contribute billions of dollars to Michigan’s economy and help create thousands of good paying jobs. Staying in compliance with regulations will help licensees avoid fines and penalties, grow business, and safeguard their establishment and customers,” said Deloney. “Whether you’re a bar, restaurant, convenience store or brew pub, it’s important to remind your employees of the state’s laws. Educate management and staff to apply all policies consistently to ensure a safe and successful holiday season.”
Tips for Liquor Licensees
Serving Minors/Fake Identification
· Always check the identification (ID) of a person who appears less than 21 years old. The holiday season may increase the temptation for minors to purchase alcohol, enter establishments or use a false ID.
· Deter the use of false IDs by informing minors that under Michigan law an attempt to purchase liquor by using a false ID is a misdemeanor and is punishable by imprisonment and civil fines.
· Many counterfeits are caught when staff takes the time to be sure the ID corresponds to the person in front of them.
· Can the person answer basic questions based on the details of the ID?
· Establish a policy and procedure for staff to follow when dealing with customers with possible fake IDs.
If you think the ID is false, you can call law enforcement for assistance.
Intoxicated Customers/Over Serving
· Do not sell or serve alcoholic beverages to a person who appears intoxicated and do not allow an intoxicated person to consume alcoholic beverages on the licensed premises.
· It is the licensee’s responsibility to make certain that no one becomes intoxicated in their business, and that any intoxicated person who enters their establishment is not allowed to purchase or consume alcohol.
· Because intoxication is a gradual process caused by excessive alcohol consumption, licensees need to identify when customers are approaching intoxication and how to manage their consumption.
· Many excellent training courses are available to aid licensees and their employees in identifying intoxicated individuals. Contact your association, local authorities, or the MLCC regarding server training programs.
There are serious penalties for selling or furnishing alcoholic beverages to minors and intoxicated individuals, including criminal penalties, fines and possible license revocation. The licensee may also be held liable in civil suits when the sale or furnishing of alcoholic beverages is found to be the proximate cause of damage, injury or death of an innocent party.
Capacity/Overcrowding
· Capacity is not just a head count. Overcrowding can lead to altercations; obstructed exits and can become a fire hazard. Know your establishment’s capacity level to ensure a safe and enjoyable time for your guests.
· Have management and staff observe if people are moving freely around the establishment. An on-premises licensee shall post, in a visible place, a sign stating the total capacity of each public room of the licensed establishment, based upon the capacity established by the state or local authorities.
· If the capacity of your business has not been determined by local authorities, please check with the MLCC for the specific guidelines found within the liquor code.
Hours of Operation
· Ensure management and staff knows and understands Michigan’s unique regulation regarding hours of operation during the holidays.
· Christmas Sales: The sale of alcoholic beverages must end on Christmas Eve, December 24, by midnight and may not begin again until noon on Christmas, December 25. Normal legal hours for alcohol sales resume on December 26.
· New Year’s Sales: On-premises licensees – sale of alcoholic beverages is prohibited between 4 a.m. and 7 a.m. on New Year’s Day. Off-premises licensees – (convenience food, drug, grocery stores, etc.) are prohibited from selling alcoholic beverages between 2 a.m. and 7 a.m. on New Year’s Day.
Other Prohibited Acts
· Maintain a heightened sense of awareness of potentially illegal activity, including violence, drugs, and gambling.
· Maintaining control of the premises is the licensee’s responsibility. Keep order and control of the premises by constant observance of customers and situations.
· Establish a policy and procedure for staff to report suspected illegal activity to management.
· Licensees do not have enforcement authority, and cannot arrest anyone. However, employees can demand that a customer leave the premises. If the situation appears threatening, call the local police.
· Be aware, however, that excessive police calls may result in violations. Don’t let your business become a place noted for illegal activities thereby jeopardizing your liquor license and your standing in the community. Work with law enforcement and the MLCC to reduce or eliminate illegal activities.
Source: LARA