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QUICK QEUSTION PLEASE HELP

DrTodd

Michigan Moderator
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Jun 20, 2008
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Hudsonville , Michigan, USA
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SlowDog wrote:
Ummmmmmm....question here. I know this is several months later but....Wal-Mart sells alcohol and yet we can OC there. Am I right? I don't want to be in a bind.:what:
Not if you don't have a cpl and they sell alcohol (I don't believe all do).
 

zigziggityzoo

Campaign Veteran
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Nov 28, 2008
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Ann Arbor, Michigan, USA
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SlowDog wrote:
Ummmmmmm....question here. I know this is several months later but....Wal-Mart sells alcohol and yet we can OC there. Am I right? I don't want to be in a bind.:what:

You're mixing up a few things here.

Wal-Mart's corporate policy is to follow the laws of the state in which the local store resides. That means, if Open Carry is legal - then it's permissable to openly carry there.

Now, The state's law says that you can't carry into a place that has ANY type of liquor license without a CPL.

This means you can't carry into a walmart without a CPL (but once you have your CPL, you can carry - openly or concealed).
 

waddle

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Sep 2, 2009
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Grand Blanc, Michigan, ,
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another question... is there a difference between selling liquor and beer. beacause the majority of walmarts do not sell liquor, only beer. I work for wal mart and am still unclear about it.
 

Venator

Anti-Saldana Freedom Fighter
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Jan 10, 2007
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Lansing area, Michigan, USA
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This is all pretty basic to learning about OC. The first thing one should learn is where they can have a firearm or not. Then all the other ins and outs. If you don't know that without a CPL you can't carry in any place that sells alcohol you should definitely read and learn more before OCing.

All this information is on the info sticky thread at the top of the page Michigan forum home page.
 

autosurgeon

Regular Member
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Sep 29, 2008
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Lawrence, Michigan, United States
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waddle wrote:
another question... is there a difference between selling liquor and beer. beacause the majority of walmarts do not sell liquor, only beer. I work for wal mart and am still unclear about it.
Walmart employees also cannot carry when they are on the clock either!

Walmart employee policy.
 

Springfield Smitty

Regular Member
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May 22, 2009
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296
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OKC, OK (Heading back to MI very soon - thank good
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waddle wrote:
another question... is there a difference between selling liquor and beer. beacause the majority of walmarts do not sell liquor, only beer. I work for wal mart and am still unclear about it.
As far as the license goes, there is no difference between liquor and beer. The license is needed if an establishment sells anything with .5 alcohol by volume. (It may be .05, I can not remember and do not have the time to look it up right now.)
 

DrTodd

Michigan Moderator
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Location
Hudsonville , Michigan, USA
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Springfield Smitty wrote:
waddle wrote:
another question... is there a difference between selling liquor and beer. beacause the majority of walmarts do not sell liquor, only beer. I work for wal mart and am still unclear about it.
As far as the license goes, there is no difference between liquor and beer. The license is needed if an establishment sells anything with .5 alcohol by volume. (It may be .05, I can not remember and do not have the time to look it up right now.)
Per MCL 436.1105, "Alcoholic liquor" means any spirituous, vinous, malt, or fermented liquor, liquids and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume which are fit for use for beverage purposes as defined and classified by the commission according to alcoholic content as belonging to 1 of the varieties defined in this chapter.

As you can see, beer and wine are considered "Alcoholic Liquor" by the state of Michigan and yes, the limit is .05%. Therefore, as ridiculous as this is, a person needs to be 21 to purchase a non-alcoholic beer, as these usually have an alcohol content around .05%.

Something that is interesting, for those with a CPL, is that you are prohibited from carrying concealed in a "bar or tavern licensed under the Michigan liquor control code where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises".(MCL 28.425o)

Reading the law literally, the only licensed premises prohibited would be those specifically licensed as a "bar or tavern"... and there really aren't many of those in Michigan. A "Tavern" license is one of a large number of licenses given by the State of Michigan, and this license "enables a business to sell only beer and wine for consumption on the premises". Additionally, a "bar" license is an additional license for Class C, B-Hotel, Class C Resort, and B-Hotel Resort licensees to enable various places within the establishment to sell the liquor.

Most licenses in Michigan are either "Class C" for consumption on-premises and "SDD/SDM" licenses for sales of liquor that will be consumed off-premises. Therefore, reading the plain-text of MCL 28.425o, cc in a "Class C" would be legal, as the law only refers to licensed "Taverns" and "Bars", which are terms which have been specifically defined in the law.

I only bring this up to show how poorly written some of our laws are; I WOULD NOT suggest that one should cc in those establishments where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. But I think that one should demand that legislators at least understand the previous law/licensing schemes to which they refer when passing new laws.

I am not a lwayer and provide this information for educational purposes only. If you are in need of legal advice, please consult the Michigan Bar Association or the Bar located in your state.
 
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