STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of the request of ) CANTINA RESTAURANT GROUP, LLC ) 101 Van Pelt Pl ) Request ID No. 1805-06128 Charlevoix, MI 49720 ) ) Charlevoix County )

At the July 19, 2018 hearing of the Michigan Liquor Control Commission in Southfield, Michigan.

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

LICENSING APPEAL ORDER

DENIAL OF OUTDOOR SERVICE PERMISSION AREA #3

On May 1, 2018, Cantina Restaurant Group, LLC (“licensee”) filed a request for authorization for the outdoor sale, service, and consumption of alcoholic beverages in two (2) additional areas: Area #2 measuring up to 26’ x 30’, located directly adjacent to the licensed premises and which is well-defined and clearly marked. Area #3 measuring up to 8’ x 70’, located 14’ from the licensed premises and which is well-defined and clearly marked; to be held in conjunction with existing of 2018 Class C (issued under MCL 436.1521a(1)b and Specially Designated Merchant license with Sunday Sales Permits (A.M. & P.M.), Entertainment Permit and Outdoor Service (1 area) located at the above noted address. 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 Request ID No. 1805-06128 Page 2

this state, including the manufacture, importation, possession, transportation and sale thereof. At a meeting held on June 29, 2018, the Commission approved Outdoor Service Area #2, and denied Outdoor Service Area #3 under administrative rule R 436.1105(2)(j) after considering the effects that approval of the outdoor service in that area would have on the health, welfare, and safety of the general public because that area requires waitstaff to cross a thoroughfare of an alleyway that has vehicular traffic. Licensee member, Luther Kurtz, submitted a request for an appeal in this matter and represented the licensee at the July 19, 2018 hearing held in Southfield. After hearing arguments, reviewing the MLCC file with updated documents and photographs, and discussion of the issue on the record, the Commission finds that the licensee failed to demonstrate a plan to have exclusive control of alcohol in that requested area, and remains concerned with the health, welfare, and safety of the general public because of the existing thoroughfare for vehicular traffic in the proposed area. 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 June 29, 2018 issued in this matter is AFFIRMED.

MICHIGAN LIQUOR CONTROL COMMISSION

Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner

Request ID No. 1805-06128 Page 3

Dennis Olshove, Commissioner

Date Mailed: August 30, 2018 tlc STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of the request of ) ) DIVINO INTERNATIONAL WINE AND SPIRIT, ) Request ID No. 1710-02630 LLC ) 2707 Aldrin Dr ) Lake Orion, Michigan 48360-1901 ) ) Oakland County ) )

At the July 12, 2018 hearing of the Michigan Liquor Control Commission in Southfield, Michigan.

PRESENT: Teri L. Quimby, Commissioner Dennis Olshove, Commissioner

LICENSE APPEAL ORDER

On October 6, 2017, Divino International Wine and Spirit, LLC (“applicant”) filed a request for a new Outstate Seller of Wine license with new Living Quarters Permit, to be located at the above-noted address. 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. At a meeting held on March 7, 2018, the Commission denied the request 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 when determining Request ID No. 1710-02630 Page 2

whether an applicant should be issued a license or permit, because it appeared that wine products would be stored in or adjacent to a garage and possible proximity to other items commonly present in a garage area that may damage or negatively affect the products. Allen Anderson, 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 Lansing on April 24, 2018. After hearing arguments, reviewing the MLCC file, and discussion of the issue on the record, the Commission remanded the application back to commission staff for further processing based on demonstrations made at the hearing regarding a proposed reconfiguration plan for the alcohol storage area and/or access to the storage area. At a meeting held on May 16, 2018, the Commission denied the request under the provisions of administrative rules R 436.1105(2)(j) and R 436.1728(1) because of continuing concerns about the wine products that will be stored in or adjacent to a garage, and the possible proximity to other items commonly present in a garage area that may damage or negatively affect the products and which would have a negative impact on the health, welfare, and safety of the general public. The commission concluded that there appeared to be no significant changes to the storage area or the access to the storage area, and issuance of a license, based on the lack of access to the licensed premises by Commission Investigators or Law Enforcement, presents a significant obstacle to investigators and law enforcement in performing their duties when the licensed premises is located within a personal residence. Steven Grobbel, 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 July 12, 2018. After hearing arguments, reviewing the MLCC file with updated information provided, and discussion of the issue on the record, the Commission remanded the application back to commission staff for further processing and to discuss whether or not the applicant created a public health, welfare and safety issue given the nature of the reconfiguration of Request ID No. 1710-02630 Page 3

the alcohol storage area and/or access to the storage area.

THEREFORE, IT IS ORDERED that the denial order of May 16, 2018 issued in this matter is REVERSED and this application is REMANDED to commission staff for further processing.

MICHIGAN LIQUOR CONTROL COMMISSION

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: tlc STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of the request of ) FRITA DT, LLC ) W Columbia ) Request ID No. 1801-00414 Detroit, MI 48201 ) ) Wayne County )

At the July 26, 2018 hearing of the Michigan Liquor Control Commission in Southfield, Michigan.

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

LICENSING APPEAL ORDER

On January 10, 2018, Frita DT, LLC (“applicant”) filed a request to transfer ownership of an escrowed 2018 Class C license with Sunday Sales Permit (P.M.) and Specific Purpose Permit (Food) from Chrisphanie, Inc. The applicant also requested to transfer location from 6064-6068 Woodward Ave, Detroit, Wayne County; cancel existing Specific Purpose Permit (Food); requested a new Specially Designated Merchant license issued under MCL 436.1533(5)(a), new Sunday Sales Permit (A.M.), new Catering Permit, new Dance-Entertainment Permit, and new authorization for the outdoor sale, service, and consumption of alcoholic beverages in an area measuring up to 18’ x 69’ located directly adjacent to the licensed premises, and which is well-defined and clearly marked. 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 Request ID No. 1801-00414 Page 2

this state, including the manufacture, importation, possession, transportation and sale thereof. The applicant is authorized to do business in Michigan, as required under MCL 436.1535 for licensure. Under MCL 436.1537(1)(a), the licensee may sell beer and wine for consumption on the premises only. Under MCL 436.1537(1)(f) the licensee may sell beer and wine for consumption off the premises, only. At a meeting held on June 27, 2018, the Commission denied the request under administrative rules R 436.1105(2)(a) 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 operating record of applicant members, Eve A. Aronoff-Fernandez, Lauren Bigelow, and JBSK Group LLC who have been licensed as a members under Eve Ann Arbor, LLC; and applicant member, Eve A. Aronoff-Fernandez, has been a licensed member of Frita Ann Arbor, LLC and Eve-The Restaurant, LLC. Commission records reflect that these licensed entities have been cited and found responsible for multiple violations under the licenses held by Eve Ann Arbor, LLC and Dahlmann Apartments Ltd., Frita Ann Arbor, LLC, and Eve-The Restaurant, LLC. The violations include but are not limited to three (3) violations for writing nonsufficient funds checks, which in contrary to administrative rule R 436.1059; and three (3) violations for failing, refusing, or neglecting to obey a written order of the Commission by failing to provide proof of successful completion of an alcohol server training program within 180 days of the issuance of the license, which is contrary to administrative rule R 436.1060. J. Patrick Howe, legal counsel on behalf of the applicant, submitted a timely request for an appeal in this matter and represented the applicant at the July 26, 2018 hearing, held at the Commission’s Southfield office. After hearing arguments, reviewing the MLCC file, and discussion of the issue on the record, the Commission finds that the applicant sufficiently demonstrated that a course Request ID No. 1801-00414 Page 3

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 request.

THEREFORE, IT IS ORDERED that: A. The denial order of June 27, 2018 issued in this matter is reversed and the applicant’s request to transfer ownership of an escrowed 2018 Class C license from Chrisphanie, Inc. 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 a Final Inspection to be conducted by the Commission’s Enforcement Division to determine construction and renovations have been completed as proposed; to determine furniture, fixtures, and equipment have been installed; to determine the final dimensions of licensed premises; to determine the Outdoor Service area has been constructed as proposed and is well-defined and clearly marked; and to determine the correct licensed street address. 4. The licensee shall submit to the Commission a Promissory Note indicating Frita DT, LLC received a loan in the amount of $575,000.00 from Ann Arbor State Bank. 5. The licensee shall submit to the Commission form LC-95 (“Proof of Financial Responsibility”). Request ID No. 1801-00414 Page 4

6. The licensee shall maintain proof of financial responsibility, as required under MCL 436.1803. 7. The licensee shall submit to the Commission form LCC-301 (“Report of Stockholders/Members/Partners”) for Frita DT, LLC. 8. The licensee shall submit to the Commission form LCC-301 (“Report of Stockholders/Members/Partners”) for JBSK Group, LLC. 9. The licensee shall submit to the Commission form LCC-107 (“Closing Form for New License or License Sale”). 10. 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). 11. 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 and permits, 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 Request ID No. 1801-00414 Page 5

permits. B. The applicant’s request to transfer the existing Sunday Sales Permit (P.M.) 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. C. The applicant’s request to transfer location from 6064-6068 Woodward Ave, Detroit, Wayne County is APPROVED. 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 a new Sunday Sales Permit (A.M.) to sell alcoholic liquor between 7 A.M. and Noon on Sundays 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. F. The applicant’s request for new Catering Permit is APPROVED, subject to the following: 1. Receipt of a copy of the applicant’s food service establishment license or retail food establishment license issued under the Food Law of 2000 (MCL 289.1101 to 289.8111).

Request ID No. 1801-00414 Page 6

G. The applicant’s request for a new 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. H. The applicant’s request authorization for the outdoor sale, service, and consumption of alcoholic beverages in an area measuring up to 18’ x 69’ located directly adjacent to the licensed premises, and which is well-defined and clearly marked is APPROVED, subject to the following: 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. I. 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 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 Request ID No. 1801-00414 Page 7

these requirements. The licensee must obtain all other required state and local licenses, permits, and approvals before opening the business for operation. J. 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 licenses and permits.

MICHIGAN LIQUOR CONTROL COMMISSION

Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: September 4, 2018 tlc STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of the request of ) ) HARSIMRANJIT & JASLEEN, LLC ) Request ID No. 1805-05546 15191 168th Ave ) Grand Haven, Michigan 49417-8645 ) ) Grand Haven Township Ottawa County ) )

At the July 17, 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

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.

History: Harsimranjit & Jasleen, LLC (“applicant”) has filed an application for a new Specially Request ID No. 1805-05546 Page 2

Designated Distributor license with Sunday Sales Permit (P.M.) at the above-noted address; to be held in conjunction with existing Specially Designated Merchant license with Sunday Sales Permit (A.M.) and Beer & Wine Tasting Permit. According to the measurement conducted by the Commission’s Enforcement Division under MCL 436.1503(1), Grand Haven Church of the Nazarene, located at 15191 168th St, Grand Haven Township, Grand Haven, Ottawa County, is 464 feet from the proposed location. A Resolution dated June 10, 2018 was submitted by Grand Haven Church of the Nazarene objecting to the request, within 15 days of the notification, as required under administrative rule R 436.1955(1). A reason cited in the objection was the opposition to alcohol because it contributes to work and family life problems. Another reason cited was the proximity of the applicant’s proposed location to the location of the Church, schools and residential neighborhoods and businesses that will potentially cause higher traffic in the area and create safety issues. 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 the church after notification of the proposed new license request, a church hearing was scheduled. On July 17, 2018, a Church Hearing in this matter was held at the Lansing office of the Commission. Representing the applicant at the hearing were Attorney Michael Brown and member, Amarjit Kaur. Appearing on behalf of Grand Haven Church of the Nazarene was Pastor Stephen Abbott.

Findings of Fact: Request ID No. 1805-05546 Page 3

● The Commission finds that the applicant demonstrated they are current license holders of a small convenience store at the subject location and the applicant members are primarily the only two (2) employees at the business. The applicant also presented four (4) certificates from the Department of Public Health, Ottawa County, Michigan indicating two (2) passes for alcohol sales to minors and two (2) passes for tobacco sales to minors at this location. ● The Commission finds that the subject property is located in a zoning district which authorizes this use in this location.

Conclusions of Law After hearing arguments, reviewing the MLCC file with exhibits presented on behalf of the applicant, and discussion of the issue on 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.

MICHIGAN LIQUOR CONTROL COMMISSION

Andrew J. Deloney, Chairman

Request ID No. 1805-05546 Page 4

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: August 16, 2018 tlc STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of the request of ) ) KALAMAZOO CONCESSIONS, LLC ) Request ID No. 1712-04779 251 Mill St ) Kalamazoo, Michigan 49048-2434 ) ) Kalamazoo County ) )

At the July 10, 2018 hearing of the Michigan Liquor Control Commission in Lansing, Michigan.

PRESENT: Teri L. Quimby, Commissioner Dennis Olshove, Commissioner

LICENSE APPEAL ORDER

On December 19, 2017, Kalamazoo Concessions, LLC (“applicant”) filed a request for authorization for the outdoor sale, service, and consumption of alcoholic beverages in an area to measuring up to 100’ x 240’, located 86’ from the licensed premises, and which is well-defined and clearly marked; to be held in conjunction with the 2018 Class C license issued under MCL 436.1531(2) with Sunday Sales Permit (P.M.), six (6) Bars and Concession Agreement with Kalamazoo Baseball, LLC, located at the above-noted address. 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. At a meeting held on May 9, 2018, the Commission denied the request under administrative rules R 436.1105(2)(j) and R 436.1419(1) because the proposed outdoor Request ID No. 1712-04779 Page 2 service area is located 86’ away from the licensed premises, and the intervening property is a driveway/parking lot where vehicular traffic is present. The licensee does not have exclusive control of this intervening area. Further, the proposed outdoor service area shares a fence line/border with a children’s playground area and has an access gate between the two areas. The barrier to be constructed for the proposed outdoor service area will consist of existing chain link fence and temporary snow fencing which will be removed at the end of the season. It does not appear that the licensee has exclusive control of this intervening area could pose a threat to the health, welfare and safety to the general public if issued. Applicant member Brian Colopy submitted a timely request for an appeal in this matter and represented the applicant at a hearing held in Lansing on July 10, 2018. After hearing arguments, reviewing the MLCC file, and discussion of the issue on the record, the Commission finds that this application should be returned to commission staff for further processing.

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.

MICHIGAN LIQUOR CONTROL COMMISSION

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: tlc STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of the request of ) ) MARVIN’S MINI MARKET, INC. ) Request ID No. 914130 27633 Little Mack Ave ) Saint Clair Shores, Michigan 48081-1833 ) ) Macomb County ) )

At the July 12, 2018 hearing of the Michigan Liquor Control Commission in Southfield, Michigan.

PRESENT: Teri L. Quimby, Commissioner Dennis Olshove, Commissioner

LICENSING APPEAL ORDER

On July 14, 2017, Marvin’s Mini Market, Inc. (“applicant”) filed a request to transfer ownership of the escrowed 2017 Specially Designated Distributor license, only, with Sunday Sales Permit (P.M.) from Family Fare, LLC. The applicant also requested to transfer location (governmental unit) under MCL 436.1531(18) from 40832 Ryan Rd, Sterling Heights, Macomb County, to the above-noted address and new request for permission for motor vehicle fuel pumps on or adjacent to the licensed premises under MCL 436.1541(1); to be held in conjunction with existing Specially Designated Merchant license with Sunday Sales Permit (A.M.), Beer and Wine Tasting Permit, and permission for motor vehicle fuel pumps on or adjacent to the licensed premises under MCL 436.1541(1). This request also corrects records to reflect that the permission for motor vehicle fuel pumps held in conjunction with existing Specially Designated Merchant license are now issued under MCL 436.1541(6). 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 Request ID No. 914130 Page 2

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 436.1535 for licensure. Under MCL 436.1537(1)(f) and (g), the licensee may sell beer, wine, spirits, and mixed spirit drink for consumption off the premises, only. At a meeting held on December 6, 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 HBHY, Inc. holds an SDD license 2,187 feet away from the applicant’s proposed location at 26529 Little Mack Ave, Saint Clair Shores, Macomb County, and the applicant did not appear to qualify for any applicable waivers under administrative rule R 436.1133. Commission records further indicate that 7-Eleven, Inc. & Malik’s Inc. holds an SDD license 0 feet away (directly across the street) from the applicant’s proposed location at 27630 Little Mack Ave, Saint Clair Shores, Macomb 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 Little Mack Ave; which is a qualifying major thoroughfare of not less than 4 lanes of through traffic. Applicant stockholder, Marvin Sharrak, submitted a timely request for an appeal in this matter and Seth Tompkins, legal counsel on behalf of the applicant, represented the applicant at the July 12, 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. After hearing arguments, reviewing the MLCC file, and discussion of the issue on the record at the hearing, the Commission finds that the basis of denial is now moot, and Request ID No. 914130 Page 3

concludes the request of the applicant should be approved.

THEREFORE, IT IS ORDERED that: A. The denial order of December 6, 2017 issued in this matter is REVERSED, and the applicant’s request to transfer ownership of the escrowed 2018 Specially Designated Distributor license, only, from Family Fare, LLC 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 a Final Inspection to be conducted by the Commission’s Enforcement Division to determine that the applicant has purchased, installed, and will maintain an approved type inventory of at least $250,000.00, at cost, on the licensed premises, including an itemized breakdown of the installed inventory; 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 and executed Lease Agreement. 5. The licensee shall submit to the Commission documentary proof (Promissory Note) that Marvin’s Mini Market, Inc. received a loan in the amount of $155,000.00 from High Pointe Oil Company, Inc. 6. The licensee shall submit to the Commission form LCC-107 “Closing Form for License Sale”. 7. The licensee shall submit to the Commission form LCC-301 (“Report of Stockholders/Members/Partners”). Request ID No. 914130 Page 4

8. The licensee shall maintain proof of financial responsibility, as required under MCL 436.1803. 9. 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 applicant’s request to transfer location (governmental unit) under MCL 436.1531(18) from 40832 Ryan Rd, Sterling Heights, Macomb County, to 27633 Little Mack Ave, Saint Clair Shores, Macomb County, is APPROVED. C. 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: 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. D. The applicant’s request for permission for motor vehicle fuel pumps on or adjacent to the licensed premises under MCL 436.1541(1) is APPROVED, subject to compliance with the requirements contained therein. The licensee shall maintain on the licensed premises at all times, a minimum inventory of at least $250,000.00, at cost, of goods and services customarily marketed by approved types of businesses, excluding alcoholic liquor, motor vehicle fuel, inventory on a consignment, or inventory owned by others, as required for licensure under MCL 436.1541(1)(a)(ii). E. 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. 914130 Page 5

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. F. 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 licenses and permits.

MICHIGAN LIQUOR CONTROL COMMISSION

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: 08/10/2018 tlc STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of the request of ) ) PADDLE HARD DISTRIBUTING LLC ) Request ID No. 1803-03615 117 E Michigan Ave ) Grayling, Michigan 49738-1740 ) ) Crawford County ) )

At the July 17, 2018 hearing of the Michigan Liquor Control Commission in Lansing, Michigan.

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

LICENSING APPEAL ORDER

On March 23, 2018, Paddle Hard Distributing LLC (“applicant”) filed a request for new Small Wine Maker and Micro Brewer licenses with Sunday Sales Permit (A.M.), Dance-Entertainment Permit, and authorization for the outdoor sale, service, and consumption of alcoholic beverages in an area measuring up to 90’ x 44’, directly adjacent to the licensed premises, and which is well-defined and clearly marked; to be located at the above-noted address. Under Article IV, Section 40, of the Constitution of Michigan (1963), the Commission shall exercise complete control of the alcoholic beverage traffic within this state, including the retail sales thereof, subject to statutory limitations. Further, the Commission shall have 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 under MCL 436.1201(2). The applicant is authorized to do business in Michigan, as required under MCL 436.1535 for licensure. Under MCL 436.1537(1)(k), micro brewers and brewers where Request ID No. 1803-03615 Page 2

beer produced by the micro brewer or brewer may be sold to a consumer for consumption on or off the brewery premises. Under MCL 436.1537(1)(o), wine may be sold by direct shipment, at retail on the licensed premises, and as provided for in subsections (2) and (3). At a meeting held on June 20, 2018, the Commission denied this request under 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, David Vargo. Brennen Gorman, legal counsel on behalf of the applicant, submitted a timely request for an appeal in this matter and represented the applicant at the July 17, 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 applicant sufficiently demonstrated through testimony that the previous questions concerning this application have been adequately addressed. 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 request.

THEREFORE, IT IS ORDERED that: A. The denial order of June 20, 2018 issued in this matter is reversed and the applicant’s request for new Small Wine Maker and Micro Brewer licenses 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 a Final Inspection to be conducted by the Commission’s Enforcement Division to determine renovations have been completed as proposed; to determine Request ID No. 1803-03615 Page 3

furniture, fixtures, and equipment have been installed; to determine seating capacity has been established and is posted; to determine that the outdoor service area has been completed as proposed; to determine the total cost and method of financing; and to determine that 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 and executed Lease Agreement. 5. The licensee shall submit to the Commission form LC-MW-816 (“Surety Bond for Non-Retail License”) for both licenses. 6. The licensee shall maintain a surety bond, under MCL 436.1801(1)(a). 7. The licensee shall submit to the Commission Brewer’s Notice issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB) pursuant to administrative rule R 436.1609(1). 8. The licensee shall submit to the Commission the Federal Basic Permit issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB) for the Small Wine Maker license pursuant to administrative rule R 436.1705(1). 9. The licensee shall submit to the Commission form LC-95 (“Proof of Financial Responsibility”). 10. The licensee shall maintain proof of financial responsibility, under MCL 436.1803. 11. The licensee shall submit to the Commission form LCC-301 (“Report of Stockholders/Members/Partners”). 12. The licensee shall submit to the Commission form LCC-107 (“Closing Form for New License or License Sale”). 13. 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, Request ID No. 1803-03615 Page 4

electronic mail address, and other contact information it provides the Commission, pursuant to administrative rule R 436.1048(2). 14. 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 and permits, 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 licenses and permits 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. 15. The licensee is prohibited from producing more than 50,000 gallons of wine in one calendar year. 16. The licensee shall comply with the tax collection and reporting system under MCL 436.1301. 17. The licensee shall label all wine products in accordance with the federal wine regulations published in 27 C.F.R. prior to the sale in Michigan under administrative rule R 436.1719. 18. The licensee shall not sell wine products until a registration number of approval has been received from the Commission under administrative rule R 436.1719. 19. The licensee shall file a schedule of the net cash prices to retail licensees for all sales of wine before January 1, April 1, July 1, and October 1 of each year under administrative rule R 436.1726 (1). Request ID No. 1803-03615 Page 5

20. The licensee shall not purchase bulk wine for bottling that is manufactured by another manufacturer unless the other manufacturer has first obtained a written order of approval from the Commission to manufacture the wine for the licensee pursuant to administrative rule R 436.1716(5).15. The licensee is allowed to produce no more than 60,000 barrels of beer per year and may sell that beer to consumers for consumption on or off the licensed premises under MCL 436.1109(3). 21. The licensee shall label all beer products in accordance with the federal beer regulations published in 27 C.F.R. prior to the sale in Michigan under administrative rule R 436.1611. 22. The license shall receive a registration number of approval from the Commission prior to the sale of any beer products in Michigan under administrative rule R 436.1611(c). 23. The licensee shall collect a container deposit of a minimum of $30.00 for all refillable containers of beer with a capacity over five (5) gallons. A cash refund equal to the deposit collected for all refillable containers over five (5) gallons shall be made to a licensee who has made the deposit and returned the containers for refund under administrative rule R 436.1629. 24. The licensee shall comply with the tax collection and reporting system under MCL 436.1409. 25. If the licensee meets the requirements of MCL 436.1203(3) and MCL 436.1203(4)(j) to be a Qualified Micro Brewer and intends to self- distribute to retailers, the licensee shall submit form LCC-351 (“Delivery Vehicle Decal Application”) and the appropriate fees for each delivery vehicle the licensee will use to deliver beer to retailers. B. The applicant’s request for a new Sunday Sales Permit (A.M.) to sell alcoholic liquor between 7 A.M. and Noon on Sundays 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 Request ID No. 1803-03615 Page 6

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 new 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 authorization for the outdoor sale, service, and consumption of alcoholic beverages in an area measuring up to 90’ x 44’, directly adjacent to the licensed premises, and which is well-defined and clearly marked is APPROVED, subject to the following: 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. E. 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 occupancy has been issued by the local unit of government having jurisdiction over the Request ID No. 1803-03615 Page 7

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. F. 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 licenses and permits.

MICHIGAN LIQUOR CONTROL COMMISSION

Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: August 29, 2018 tlc STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of the request of ) PLAINFIELD FLORAL AND GIFT SHOPPE, ) INC. ) Request ID No. 1804-04176 818 Butterworth St SW ) Grand Rapids, MI 49504-6254 ) ) Kent County )

At the July 17, 2018 hearing of the Michigan Liquor Control Commission in Lansing, Michigan.

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

LICENSE APPEAL ORDER

On April 5, 2018, Plainfield Floral and Gift Shoppe, Inc. (“licensee”) filed a request to redefine licensed premises, and requested one (1) new Additional Bar (for a total of 3 Bars); to be held in conjunction with the 2018 Class C and Specially Designated Merchant licenses with two (2) Bars, Sunday Sales Permits (A.M. & P.M.), Dance-Entertainment Permit, five (5) Direct Connections to unlicensed premises, and Outdoor Service (1 area) located at the above-noted address. 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 licensee is authorized to do business in Michigan, as required under MCL 436.1535 for licensure. Under MCL 436.1537(1)(b), the licensee may sell beer, wine, Request ID No. 1804-04176 Page 2

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 request under administrative rules R 436.1105(2)(j), R 436.1001(1)(i), R 436.1023(2)(c), and R 436.1023(3). The requested redefined premises appeared to include an area located at the opposite end of the building, to be used for special events only and will house the new Additional Bar. The licensee will control the additional space through a lease, however the intervening space between the current licensed premises and the new space did not appear to be controlled by the licensee. Furthermore, the licensee will operate two (2) separate areas which can be used for different types of gatherings. Each licensed area will receive its own deliveries of alcoholic beverages and patrons will attend events at one of the areas, not both. There is no connection between the current licensed premises and the proposed new area. Kelly Allen, legal counsel on behalf of the licensee, submitted a timely request for an appeal in this matter and represented the licensee at the July 17, 2018 hearing, held at the Commission’s Lansing office. After hearing arguments, reviewing the MLCC file with updated documents submitted, and discussion of the issue on the record, the Commission finds that the applicant adequately demonstrated control over the additional area. For the reasons stated on the record, the Commission finds sufficient reasons to reverse its denial issued in this matter and to approve the licensee’s request.

THEREFORE, IT IS ORDERED that: A. The denial order of May 9, 2018 issued in this matter is reversed and the licensee’s request to redefine licensed premises 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. Request ID No. 1804-04176 Page 3

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 a Final Inspection to be conducted by the Commission’s Enforcement Division to determine all renovations have been completed as proposed. 4. The licensee shall submit to the Commission an acceptable and executed Lease Agreement that includes the proposed new area in this redefined licensed premises. 5. The licensee shall maintain proof of financial responsibility, under MCL 436.1803. 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 one (1) new Additional Bar (for a total of 3 Bars) is APPROVED. C. 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 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. 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 Request ID No. 1804-04176 Page 4

Code, Administrative Rules, and Commission order, which may result in fines, suspension, and/or revocation of the licenses and permits.

MICHIGAN LIQUOR CONTROL COMMISSION

Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: September 4, 2018 tlc STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of the request of ) ) SHINY APPLE LLC ) Request ID No. 1804-04133 2588 Pinckney Rd ) Howell, Michigan 48843-8847 ) ) Marion Township Livingston County ) )

At the July 10, 2018 hearing of the Michigan Liquor Control Commission in Lansing, Michigan.

PRESENT: Teri L. Quimby, Commissioner Dennis Olshove, Commissioner

LICENSING APPEAL ORDER

On April 3, 2018, Shiny Apple LLC filed a request for a new Small Wine Maker license and permission to maintain one (1) Direct Connection to unlicensed premises (unlicensed premises), to be held at the above-noted location. 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 436.1535 for licensure. Under MCL 436.1537(1)(o), wine may be sold by direct shipment, at retail on the licensed premises, and as provided for in subsections (2) and (3). At a meeting held on June 13, 2018, the Commission denied this request under MCL 436.1111(10), MCL 436.1113(9), MCL 436.1203(1) and administrative rule R Request ID No. 1804-04133 Page 2

436.1728(1) because the commission had concerns about access to the books and records because the applicant’s proposed licensed premises is located within another unlicensed business. Applicant member, Jeff Grainger, submitted a timely request for an appeal in this matter and represented the applicant at the July 10, 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 applicant demonstrated through testimony that the previous questions concerning this application have been adequately addressed. 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 request.

THEREFORE, IT IS ORDERED that: A. The denial order of June 13, 2018 issued in this matter is reversed and the applicant’s request for a new Small Wine Maker license 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 documentary proof (Promissory Note) that Shiny Apple, LLC received a loan in the amount of $1000.00 from applicant member spouse, Alison Grainger. 4. The licensee shall submit to the Commission an acceptable and executed Lease Agreement for the space being leased; if sub-lease, acknowledgement of landlord. 5. The licensee shall submit to the Commission a copy of a signed land contract, real estate mortgage, warranty deed, or quit claim deed. 6. The licensee shall submit to the Commission form LC-MW-816 Request ID No. 1804-04133 Page 3

(“Surety Bond for Non-Retail License”). 7. The licensee shall maintain a surety bond, under MCL 436.1801(a). 8. The licensee shall submit to the Commission form LC-95 (“Proof of Financial Responsibility”). 9. The licensee shall maintain proof of financial responsibility, under MCL 436.1803. 10. The licensee shall submit to the Commission form LCC-301 (“Report of Stockholders/Members/Partners”). 11. The licensee shall submit to the Commission form LCC-107 (“Closing Form for New License or License Sale”). 12. 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). 13. 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 license, 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 Request ID No. 1804-04133 Page 4

and/or revocation of the license. 14. The licensee is prohibited from producing more than 50,000 gallons of wine in one calendar year. 15. The licensee shall comply with the tax collection and reporting system under MCL 436.1301. 16. The licensee shall label all wine products in accordance with the federal wine regulations published in 27 C.F.R. prior to the sale in Michigan under administrative rule R 436.1719. 17. The licensee shall not sell wine products until a registration number of approval has been received from the Commission under administrative rule R 436.1719. 18. The licensee shall file a schedule of the net cash prices to retail licensees for all sales of wine before January 1, April 1, July 1, and October 1 of each year under administrative rule R 436.1726 (1). 19. The licensee shall not purchase bulk wine for bottling that is manufactured by another manufacturer unless the other manufacturer has first obtained a written order of approval from the Commission to manufacture the wine for the licensee pursuant to administrative rule R 436.1716(5). B. The applicant’s request for permission to maintain one (1) Direct Connection to unlicensed premises (unlicensed premises) is APPROVED. C. 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 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. Request ID No. 1804-04133 Page 5

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 and permit.

MICHIGAN LIQUOR CONTROL COMMISSION

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: 08/15/2018 tlc

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

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In the matter of ) SPRINKLE ROAD, LLC ) 11536 Sprinkle Rd ) Request ID No. 916533 Vicksburg, MI 49097 ) ) Brady Township Kalamazoo County )

At the July 24, 2018 hearing of the Michigan Liquor Control Commission in Lansing, Michigan.

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

LICENSING APPEAL ORDER

On August 24, 2017, Sprinkle Road, LLC (“applicant”) filed a request for a new Specially Designated Merchant license issued under MCL 436.1533(5)(a), to be located at the above noted address. 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. At a meeting held on March 16, 2018, the Commission denied this request under administrative rule R 436.1105(2)(a) after considering the operating record of applicant member, Jaspal Singh, has been licensed as a member under Broadway Spirits LLC, J & B Property Management, LLC, Kilgore Spirit, LLC, Midway Stop & Shop LLC, and Request ID No. 916533 Page 2

Stockbridge Enterprise LLC and has been found responsible for multiple violations of the Michigan Liquor Control Code and Administrative Rules at each licensed location. The violations include, but are not limited to, five (5) violations of the sale of alcohol to a minor (ages 17, 18 and 19), and two (2) violations of the sale of alcohol to intoxicated patrons; all contrary to MCL 436.1801(2); one (1) violation of engaging in an illegal occupation or act upon licensed premises – selling single cigarettes; one (1) violation for failing to maintain a minimum inventory on the premises as required under MCL 436.1541(1); one (1) violation for failing to provide proof of completion of a successful completion of alcohol training program as required under MCL 436.1501(1); and eight (8) violations for writing non- sufficient funds checks to the Commission, totaling $22,563.53; which is contrary to administrative rule R 436.1059. The request was also 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. Michael Brown, 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 Lansing on April 24, 2018. After hearing arguments, reviewing the MLCC file with exhibits presented, and discussion of the issue on the record, the Commission tabled this matter and reconvened on July 24, 2018. Attorney John Doyle and Jaspal Singh appeared at this hearing on behalf of the applicant. After hearing arguments, reviewing the MLCC file with updated documents presented, and discussion of the issue on the record at both hearings held in this matter, the Commission finds the operating record of the applicant to be concerning as there is a violation history at each licensed location. The Commission concludes that approval of an additional license at another location is not justified at this time. 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 Request ID No. 916533 Page 3

previous order is affirmed.

THEREFORE, IT IS ORDERED that the denial order of March 16, 2018 issued in this matter is AFFIRMED.

MICHIGAN LIQUOR CONTROL COMMISSION

Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: September 20, 2018 tlc

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

* * * * *

In the matter of the request of ) ) TAQUERIA VALLARTA, LLC ) Request ID No. 1803-02557 275 E 8th St ) Holland, Michigan 49423-3534 ) ) Ottawa County ) )

At the July 10, 2018 hearing of the Michigan Liquor Control Commission in Lansing, Michigan.

PRESENT: Teri L. Quimby, Commissioner Dennis Olshove, Commissioner

LICENSING APPEAL ORDER

On February 28, 2018, Taqueria Vallarta, LLC (“applicant”) filed a request to transfer ownership of an escrowed 2018 Class C license from Petro & Pantry, Inc.; and to transfer location (governmental unit) under MCL 436.1531(1) from 12011 Lake Michigan Dr., West Olive, Robinson Township, Ottawa County to the above-noted address. The applicant also requested new Sunday Sales Permits (A.M. & P.M.); and requested consideration of licensing under the provisions of administrative rule R 436.1121(2)(f). 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 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. Request ID No. 1803-02557 Page 2

At a meeting held on June 20, 2018, the Commission denied this request under administrative rule R 436.1105(1)(c) because the applicant failed to provide evidence of 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 because the lease that was provided appeared to be invalid. Commission records indicate the applicant submitted a lease agreement with an effective date of July 20, 2017 between Servus, Inc. (landlord) and Taqueria Vallarta, LLC (applicant/tenant) for the property located at 275 E. 8th St., Holland, MI 49423-3534. According to the City of Holland Assessors records, BR Associates, Inc., was listed as the owner of the real estate located at 275 E. 8th St., Holland, MI 49423-3534. Richard Persinger, legal counsel on behalf of the applicant, submitted a timely request for an appeal in this matter and represented the applicant at the July 10, 2018 hearing, held in Lansing. After hearing arguments, reviewing the MLCC file with updated documents submitted, and discussion of the issue on the record, the Commission finds that the applicant sufficiently demonstrated that BR Associates, Inc. changed its corporation name to Servus, Inc. on August 15, 2014, and therefore, a valid lease agreement exists. 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 request.

THEREFORE, IT IS ORDERED that: A. The denial order of June 20, 2018 issued in this matter is reversed and the applicant’s request to transfer ownership of the escrowed 2018 Class C license from Petro & Pantry, Inc., and consideration of licensing under the provisions of administrative rule R 436.1121(2)(f) 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. Request ID No. 1803-02557 Page 3

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 seating capacity has been established and is posted; to determine total cost and method of financing; 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 documentary proof (Promissory Note) indicating that Taqueria Vallarta, LLC received a loan in the amount of $50,000.00 from money lender, Martin Produce, Inc. 5. The licensee shall submit to the Commission documentary proof (Promissory Note) indicating that Taqueria Vallarta, LLC received a loan in the amount of $20,000.00 from money lender, Servus, Inc. 6. The licensee shall submit to the Commission form LC-95 (“Proof of Financial Responsibility”). 7. The licensee shall maintain proof of financial responsibility, under MCL 436.1803. 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 New License or License Sale”). 10. 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 license, as provided in administrative rule R 436.1060. a. The licensee shall maintain active certification of completion Request ID No. 1803-02557 Page 4

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 license and permits. 11. 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 applicant’s request to transfer location (governmental unit) under MCL 436.1531(1) from 12011 Lake Michigan Dr., West Olive, Robinson Township, Ottawa County to 275 E 8th St, Holland, Ottawa County is APPROVED. C. The applicant’s request for a new Sunday Sales Permit (A.M.) to sell alcoholic liquor between 7 A.M. and Noon on Sundays 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. D. 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 Request ID No. 1803-02557 Page 5

and wine during the time authorized by this permit. E. 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 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. F. 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 and permits.

MICHIGAN LIQUOR CONTROL COMMISSION

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: August 15, 2018

tlc STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LIQUOR CONTROL COMMISSION

* * * * *

In the matter of the request of ) ) WIXOM BAIT, LLC ) Request ID No. 1801-00831 5013 Middle Rd ) Hope, Michigan 48628-9629 ) ) Billings Township Gladwin County ) )

At the July 19, 2018 hearing of the Michigan Liquor Control Commission in Southfield, Michigan.

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

LICENSING APPEAL ORDER

On January 22, 2018, Wixom Bait, LLC (“applicant”) filed a request for a new Tavern license, with new Specially Designated Merchant license issued under MCL 436.1533(5)(a), and new Sunday Sales Permit (A.M.); to be located at the above-noted address. 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 436.1535 for licensure. Under MCL 436.1537(1)(a), the licensee may sell beer and wine Request ID No. 1801-00831 Page 2

for consumption on the premises only. Under MCL 436.1537(1)(f) the licensee may sell beer and wine for consumption off the premises, only. At a meeting held on June 6 2018, the Commission denied the request under 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, David Cryderman. Kelly Allen, legal counsel on behalf of the applicant, submitted a timely request for an appeal in this matter and represented the applicant at the July 19, 2018 hearing, held at the Commission’s Southfield office. After hearing arguments, reviewing the MLCC file, and discussion of the issue on 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. 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 request.

THEREFORE, IT IS ORDERED that: A. The denial order of June 6, 2018 issued in this matter is reversed and the applicant’s request for a new Tavern license 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 a Final Inspection to be conducted by the Commission’s Enforcement Division to determine seating Request ID No. 1801-00831 Page 3

capacity has been established and is posted; 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 a Promissory Note indicating Wixom Bait, LLC received a loan in the amount of $25,000.00 from applicant member, David Cryderman. 5. The licensee shall submit to the Commission a receipt of cash on hand affidavit from applicant member, David Cryderman, regarding use and source of $10,000.00 cash to complete this transaction. 6. The licensee shall submit to the Commission form LC-95 (“Proof of Financial Responsibility”). 7. The licensee shall maintain proof of financial responsibility, as required under MCL 436.1803. 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 New License or License Sale”). 10. 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). 11. 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 license, as provided in administrative rule R Request ID No. 1801-00831 Page 4

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 license and permits. B. The applicant’s request for a new Specially Designated Merchant license issued under MCL 436.1533(5)(a) is APPROVED. C. The applicant’s request for a new Sunday Sales Permit (A.M.) to sell alcoholic liquor between 7 A.M. and Noon on Sundays 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. 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 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 Request ID No. 1801-00831 Page 5

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 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 licenses and permits.

MICHIGAN LIQUOR CONTROL COMMISSION

Andrew J. Deloney, Chairman

Teri L. Quimby, Commissioner

Dennis Olshove, Commissioner

Date Mailed: 08/02/2018 tlc