PDinDetroit
Regular Member
Ok... please bear with me since I am totally uneducated on what the MLCC can.. and cannot... do.
Are liquor licenses given to "establishments" by defining square footage/addresses or are they given to an individual by name? If they are given to a person by name and/or a person/persons are specifically named on the license then....
If the liquor license is issued to a named person(s) would not the MLCC by declaring public property a "licensed establishment" be, in effect, making public property now private property by issuing a license to an "establishment" that includes public streets?
Hey... I could be all wet on this question but if I don't ask I'll never know the answer... and googling didn't help one bit for that one.
Here are the references that are applicable:
http://www.michigan.gov/documents/dleg/FINAL-_Retail_Guide_2009_WEB_304923_7.pdf
From this Guide, I would believe that ABE is a Special License. See page 6.
http://legislature.mi.gov/doc.aspx?mcl-436-1111
See (11) for the legal definition of Special License.
http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=43601001&Dpt=LG&RngHigh=
The above link are the MLCC Rules.
NO WHERE IN ANY OF THE LAWS/MLCC RULES CAN I FIND THE AUTHORITY TO DO THE FOLLOWING:
1. Allow Alcohol to be possessed and consumed on Public Streets/Sidewalks in Violation of Royal Oak City Ordinance 278-35 (Disorderly Conduct).
2. Allow Minors Under 17 to be in a place where alcohol is sold and consumed without Direct Parental Supervision (MCL 750.141). The fair is not being billed as an Adult Event/Venue.
3. Allow NON-CPL Holders to be prohibited from possession, carry, and transport of firearms on Public Streets/Sidewalks for any lawful purpose according to MCL 750.234d (h).