On July 1, Governor Whitmer issued Executive Orders 2020-160 and 2020-161. EO 2020-160 goes into effect July 31 at 12:01 am and rescinded previous E.O. 2020-143 which addressed the same subjects. E.O. 2020-161 went into effect immediately. Essentially, the two new orders do not change what went into effect on July 2 which required bars with 70% or more of their sales to end indoor service, other than to add Region 6 & 8 to this requirement. This applies to those with on premises retail licenses, which includes brewpub licenses but does not include microbrewery or brewery tasting room permits.
On Monday, June 1, Governor Whitmer issued Executive Order 2020-110, lifting the stay-at-home order in the state and outlining a timeline and requirements for certain types of businesses, including bars and restaurants, to re-open.
Under this Executive Order, bars and restaurants are permitted to re-open for dine-in service beginning Monday, June 8 at 12:01am, with certain restrictions previously outlined in Executive Order 2020-97, including:
Per Section 203 (12) in the Michigan Liquor Control Code:
A retailer that holds a Specially Designated Merchant (SDM) license, a brewpub, a micro brewer, or an out-of-state entity that is the substantial equivalent of a brewpub or micro brewer may deliver beer and wine to the home or other designated location of a consumer in this state if all of the following conditions are met:
If you are interested in offering home delivery of beer, please also review the MLCC Frequently Asked Questions (page 2).
In an effort to help provide emergency support for Michigan's working families, Governor Whitmer today also announced Executive Order 2020-10 to temporarily expand unemployment benefits eligibility.
This executive order will remain in effect through end of day April 14th, and extends benefits to employees who experience:
In addition, this order increases access to benefits by:
Under this order, an employer shall not be charged for unemployment benefits if their employees become unemployed because of an executive order requiring them to close or limit operations.
Eligible employees should read the Unemployment Insurance Agency's Fact Sheet as well as additional information from Michigan.gov, and they can apply online or by calling 1-866-500-0017.
Employers are also encouraged to implement the state's Work Share Program, which allows for employers to maintain operational productivity rather than laying off workers during declines in regular business activity. With the plan, rather than being laid off, eligible employees work a reduced number of hours in the work week and receive a portion of weekly unemployment benefits.
Workers are encouraged to apply online at Michigan.gov/UIA or over the phone at 866-500-0017, but due to tremendous call volume, certain callers may receive a busy signal.
The UIA has issued this Update Information to assist workers in getting through to the UIA during this busy time. The update advises workers to contact the agency during off-peak hours, and provides some additional detail about what that entails.
In addition to encouraging businesses to utilize the Work Share program (see above), the State offers businesses some guidance on choosing Temporary Leave vs. Termination.
Due to the uncertainty regarding potential congressional action regarding whether and how furloughed workers will be able to access federal paid sick, family and medical leave resources, employers are strongly urged to place employees on temporary leave and advise the worker that they expect to have work available within 120-days as opposed to termination. There is no additional cost to employers, employees remain eligible for UI benefits through the state, and employees may remain eligible for potential federal assistance.
Steps for employers placing employees on temporary unpaid leave:
The state is monitoring issues related to continued medical insurance coverage and will update accordingly.
Miller Canfield, another Allied Trade member of MBG, has provided this information about recouping financial losses through business insurance.
For more information, contact Joe Infante - email@example.com | (231) 740-8199
Fischer Insurance, one of MBG's Allied Trade members, has provided the following information which will be helpful to breweries considering operating delivery services during the taproom shut-down:
"Great care must be taken to ensure that drivers are well qualified and proper controls are in place. Attached are a few relevant documents to assist you. Most importantly:
Employee-owned delivery vehicles are non-owned autos from the insured restaurant’s perspective. A policy with non-owned auto coverage (example here) will respond to protect the named insured on an excess basis over the employee’s PAP, but it is not covering the employees themselves."
For more information, contact Mark Irwin - firstname.lastname@example.org | 800-453-6170
In response to the state of emergency called on 3/10 due to the coronavirus pandemic, the MLCC issued Administrative Order No. 2020-05, extending the annual license expiration date for 2021 from April 30 to July 31.
The Commission strongly encourages businesses to renew online to ensure timely processing of your renewal application and avoid any potential delays with mailing your renewed license.
On March 17, the Michigan Department of Treasury announced that it will waive penalty and interest fees for any sales, use, and withholding taxes paid within 30 days after the monthly due date of March 20.
Any return or payment currently due on March 20, 2020 may be submitted to the Department without penalty or interest through April 20, 2020.
From the Brewers Association:
In the event you are unable to serve draught beer for an extended period, it is important to take some steps to make sure your system stays healthy and you are not faced with an unexpected expense or quality concerns when starting it back up. If beer is left stagnant in draught lines for too long, the system will be at risk of an irreversible bacterial contamination. Taking the right steps can prevent you from having to deal with dangerous gas leak hazards, costly draught line contamination, or even more expensive draught line replacement.
Micro Matic has shared these Draught System Recommendations for maintaining proper system health during an extended shut-down.
michigan.gov/coronaviruscdc.gov/coronavirus who.intNational Restaurant Association - COVID-19 Resources
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