imported post
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.