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Michigan Licensed Beverage Association


Serving Liquor Licensees Since 1939

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NEW EXECUTIVE ORDER ESTABLISHES LEVEL PLAYING FIELD

Mason Doerr  | Published on 7/10/2020

Members, 

 

Governor Whitmer today signed an executive order requiring all businesses open to the public to require face masks and to turn away individuals not wearing a mask. Individuals who violate the order are subject to a misdemeanor and $500 fine.

 

“Over the course of the last couple of months the Michigan Licensed Beverage Association (MLBA) has heard from dozens of bars and restaurants whose number one complaint is regarding patrons who refuse to wear masks and properly social distance themselves from others,” said MLBA Executive Director Scott Ellis. “This new order levels the playing field for all businesses and will create a safer environment without grief from customers for hospitality businesses.”

 

Seated patrons at bars and restaurants who are eating and drinking are exempt from the order’s charges. (See full executive order below for the full list of those excluded). 

 

“The bar industry is an easy one to point fingers at when people are not abiding by the rules, but we know there are non-compliant people who frequent businesses in every industry,” Ellis said. “The MLBA has consistently advocated for bars and restaurants to follow all necessary precautions to protect patrons and we’re grateful that this new order establishes penalties for those acting in bad faith.”

 

All open businesses must also post signage at all entrances instructing customers of their legal obligation to wear a mask while inside.

 

The executive order takes effect for businesses at 12:01 a.m. on Monday, June 13. The full order can be read here: Executive Order 2020-147.

 

Important portions from the order: 

 

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

 

1. Any individual who leaves their home or place of residence must wear a face covering over their nose and mouth: a. When in any indoor public space;

 

2. The requirement to wear a face covering does not apply to individuals who: c. Are eating or drinking while seated at a food service establishment;

 

3. To protect workers, shoppers, and the community, no business that is open to the public may provide service to a customer or allow a customer to enter its premises, unless the customer is wearing a face covering as required by this order. a. Businesses that are open to the public must post signs at entrance(s) instructing customers of their legal obligation to wear a face covering while inside. The Michigan Department of Labor and Economic Opportunity may, in its discretion, require such businesses to post signs developed and made available by the Department, or conforming to requirements established by the Department. b. A department or agency that learns that a licensee is in violation of this section will consider whether the public health, safety or welfare requires summary, temporary suspension of the business’s license to operate (including but not limited to a liquor license) under section 92 of the Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.292(2).

 

7. As to individuals, this order takes effect immediately. As to businesses, this order will take effect at 12:01 am on Monday, July 13.

 

8. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor, but no term of confinement may be imposed for a violation of section 1 of this order.