Ask the Experts: Serving on Saint Patrick's Day
By: Kelly Allen | Adkison, Need, Allen & Rentrop PLLC
Q: It's Nearly Saint Patrick's Day! What do Bars, Restaurants, and Hotels Need to Know to Responsibly Celebrate?
A: What would St .Patrick’s Day be without green beer or Irish whiskey? St. Patrick’s Day revelry is a tradition celebrated all over the world, and when in Michigan, all those who are out and about - and those who serve them - must follow some rules. The goal of the Michigan Liquor Control Commission(“MLCC”) and local law enforcement is for everyone to have a fun, safe and green celebration. Here is a quick refresher course in responsible alcohol service as you prepare your business for March 17.
Capacity
It is common for establishments to get busy on Saint Patrick’s Day, but be careful not to overcrowd your establishment. It is a violation of the Liquor Code and local law to have more people in the space than allowed. What is more, capacity limits are not only law; being over capacity can lead to other types of liability. Following capacity limits reduce the risks of customers getting hurt. To stay compliant, every establishment must have a capacity posted. Hold a line and have someone count the guests as they come inside. Remember that if you have more than one area or room, with separate capacities posted, you cannot put the entire crew in one place.
Hours
The legal hours for selling or serving alcohol are 7:00 a.m. to 2:00 a.m., Monday through Saturday. This year, however, St. Patrick’s Day is on a Sunday. Sunday sales of beer, wine and spirits can only take place if the licensee has “Sunday Sales Permits”. A Sunday Sales AM Permit allows for the sale of beer, wine, and spirits between 7:00 a.m. and noon, and a Sunday Sales PM Permit allows for the sale of beer, wine, and spirits from Noon to 2:00 a.m.
A: What would St .Patrick’s Day be without green beer or Irish whiskey? St. Patrick’s Day revelry is a tradition celebrated all over the world, and when in Michigan, all those who are out and about - and those who serve them - must follow some rules. The goal of the Michigan Liquor Control Commission(“MLCC”) and local law enforcement is for everyone to have a fun, safe and green celebration. Here is a quick refresher course in responsible alcohol service as you prepare your business for March 17.
Capacity
It is common for establishments to get busy on Saint Patrick’s Day, but be careful not to overcrowd your establishment. It is a violation of the Liquor Code and local law to have more people in the space than allowed. What is more, capacity limits are not only law; being over capacity can lead to other types of liability. Following capacity limits reduce the risks of customers getting hurt. To stay compliant, every establishment must have a capacity posted. Hold a line and have someone count the guests as they come inside. Remember that if you have more than one area or room, with separate capacities posted, you cannot put the entire crew in one place.
Hours
The legal hours for selling or serving alcohol are 7:00 a.m. to 2:00 a.m., Monday through Saturday. This year, however, St. Patrick’s Day is on a Sunday. Sunday sales of beer, wine and spirits can only take place if the licensee has “Sunday Sales Permits”. A Sunday Sales AM Permit allows for the sale of beer, wine, and spirits between 7:00 a.m. and noon, and a Sunday Sales PM Permit allows for the sale of beer, wine, and spirits from Noon to 2:00 a.m.
Unlimited Quantity of Alcohol “Two for One”
Unless your establishment is hosting a private function, you may not sell or advertise the sale of 3 or more identical drinks to an individual for one price. If 3 or more identical drinks are served to a customer at one time, the price charged for the third and each additional drink must be the same as the price charged for the first drink. This means that you may sell “two for one” but not the third! Also, alcohol cannot be sold to a person for less than the licensee’s cost. This means less than the licensee’s wholesale cost.
Outdoor Service
If your establishment does not have an outdoor service permit, do not allow it specially on Saint Patrick’s Day. You may obtain a temporary outdoor service permit, but if you are considering a temporary outdoor service permit while reading this missive, it is too late. Give yourself at least 30 days next year and remember that this permit requires the approval of local law enforcement. Minors and Intoxicated Persons The rules and regulations prohibiting sales to minors and intoxicated persons are always of the utmost importance. Since Saint Patrick’s Day is famous for the party, your staff must be extra diligent, for your sake and the sake of the entire community. Make sure you and your team have reviewed guidelines for spotting fake ID’s and signs of intoxication.
Enjoy, be safe and Erin Go Braugh!
Unless your establishment is hosting a private function, you may not sell or advertise the sale of 3 or more identical drinks to an individual for one price. If 3 or more identical drinks are served to a customer at one time, the price charged for the third and each additional drink must be the same as the price charged for the first drink. This means that you may sell “two for one” but not the third! Also, alcohol cannot be sold to a person for less than the licensee’s cost. This means less than the licensee’s wholesale cost.
Outdoor Service
If your establishment does not have an outdoor service permit, do not allow it specially on Saint Patrick’s Day. You may obtain a temporary outdoor service permit, but if you are considering a temporary outdoor service permit while reading this missive, it is too late. Give yourself at least 30 days next year and remember that this permit requires the approval of local law enforcement. Minors and Intoxicated Persons The rules and regulations prohibiting sales to minors and intoxicated persons are always of the utmost importance. Since Saint Patrick’s Day is famous for the party, your staff must be extra diligent, for your sake and the sake of the entire community. Make sure you and your team have reviewed guidelines for spotting fake ID’s and signs of intoxication.
Enjoy, be safe and Erin Go Braugh!
The Michigan Restaurant & Lodging Association offers a comprehensive alcohol service program tailored to the state requirements of the Michigan Liquor Control Commission, equipping restaurant owners and other foodservice managers with the essential knowledge and tools to serve alcohol beverages responsibly and successfully. The MRLA offers online courses as well as onsite classes for groups. For more information, check out mrla.org/servsafe-alcohol-certification or contact Heidi Hiner.
The MRLA has partnered with a strong team of law firms that are industry experts, available for counsel on any legal matters affecting the hospitality industry. MRLA Members get exclusive access to legal help from experts like Kelly Allen of Adkinson, Need, Allen & Rentrop PLLC, with up to 15 FREE minutes of legal consultations with one of our partnering law firms. Click the link below to learn more!