If you've been out with friends having a few cold ones you likely have done the whole "pitcher and glasses" routine.
You take turns buying a pitcher of beer and then share it amongst the group...taking turns buying the next round.
But as you slow down...the last glass can sometimes be warm and flat. The MGM Grand Detroit saw this as a problem...and came up with a solution. The "Virtual Beer Pitcher".
The concept is simple. According to a complaint recently filed in federal court, the Virtual Pitcher is a “beer dispensing device at a patron’s table which would allow a patron or employee to pour a pre-determined amount of beer (32 ounces in this instance) from a metered beer tap which would automatically cease functioning after the pre-determined amount has been dispensed.”
MGM argues that "while the patron can pour themselves some beer from the allotted amount, he will not and cannot have the ability to turn on the Virtual Pitcher.” Only the bar manager would be able to turn the device on, and only after having done the required age and intoxication checks.
The state of Michigan's Liquor Control Commission is putting the brakes on the idea...saying the devices are essentially "alcohol dispensing vending machines"...and are illegal under the state's liquor laws.
The specific rule in the state's liquor laws reads,
"A licensee shall not allow, on the licensed premises, any vending machine, whether or not operated
by coin or currency, that dispenses a type of alcoholic liquor directly to a customer. This subrule does not
apply to a dispensing machine, which is commonly known as an “in-room bar device”, whether or not
operated by coin or currency, and which is located in the bedrooms or suites of licensed hotels."
The casino maintains the "virtual pitcher" is no different than having a 32-ounce pitcher available for the customer...as they can't "refill" it themselves...and no "coin or currency" can be inserted into the dispensing device.
The casino tells courthousenews.com it sent two letters to the Michigan Liquor Control Commission, asking for a ruling on whether the pitchers would violate a state "prohibition against the dispersing of alcohol through a 'vending machine.'"
Enforcement Director Tom Hagan did not give the casino its desired response, however, saying the pitcher would be considered a vending machine, according to a complaint filed by MGM against the ruling.
The MGM Grand says that the administrative rules on vending machines are vague.
"MLCC Enforcement Division Director Tom Hagan's definition of 'vending machine' as including the Virtual Pitcher defies all conventional definitions of 'vending machine' currently utilized under Michigan law, dictionaries or otherwise as commonly used in the English language." it said.
Claiming that the commission has violated its equal protection rights, the MGM Grand is seeking monetary damages, an injunction and a declaratory judgment that the "Virtual Pitcher" is not a vending machine.
What do you think of the "virtual pitcher"??? Is it a good idea? Would you consider it a "vending machine"??? Or is the state of Michigan taking the law too far in this case?