R 436.1003 Building and health laws, rules, and ordinances. (4) A work permit exception in subsection (3) does not provide an exemption from any other provision of this act. Oct. 3, 1975; 1979 AC; Amended Eff. The wine maker may charge for the samples. This publication contains the Liquor Control Code statutes and the administrative rules of the Liquor Control Commission. R 436.1149 Class C or SDD license; hardship transfer. No. (i) A manufacturer of mixed spirit drink. 409.105 Work permit; application; examination, approval, and filing of papers. Furnishing cereal beverage to, 750.28 Inside licensed establishment, under 17, Motor vehicle operator’s license, identity of, 436.1903, 436.1701. R 436.1623 Rescinded. 2003-1, compiled at MCL 445.2011. Sept. 23, 1949 ;-- Am. Sports/entertainment venue, R436.1313 Tap markers, R436.1331, R436.1611 Team sponsorship, R436.1323 Temporary bin display, R436.1001, Window display and signs, R436.1315 Wine, R436.1305, Advise licensee on commission order or MLCC Code by vendor rep. prohibited, R436.1859, “After Hours” permit, R436.1403, R436.1437. 1993, Act 359, Eff. July 15, 2015. 1989, Act 89, Eff. Packaging of nonalcoholic carbonated beverages with spirits. Apr. 10, 1967 ;-- Am. Copies of the federal regulations are on file and available to the public in the Lansing office of the commission at cost. (b) "Passenger area" means the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment. May 1, 2004 ;-- Am. *Your annual subscription begins the month your payment is received and ends at the end of the same month the following year. (e) The premises and the licensee comply with and are subject to all applicable rules promulgated by the commission. History: Add. ; R 408.201 et seq. (5) In governmental units having a population of 50,000 or less, as determined by the last federal decennial census or as determined under subsection (11), in which the quota of specially designated distributor licenses, as provided by section 533, has been exhausted, the commission may issue not more than a total of 15 additional specially designated distributor licenses per year to established merchants whose business and operation, as determined by the commission, is designed to attract and accommodate tourists and visitors to the resort area. (e) "Consumer" means an individual who purchases wine for personal consumption and not for resale. Mar. 2003-1, compiled at MCL 445.2011. Compiler's note: For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. 1981, Act 159, Eff. Peace officer or law enforcement officer, Enhancement fee, license renewal, 436.1543, Entertainment and entertainers, 436.1916, R436.1409, R436.1411, R436.1413, Entertainment permit, 436.1916, R436.1407, Furnishing to retailers, R436.1037, R436.1045, R436.1611, Established merchant, 436.1229, Applicability, R436.1135 Establishment of relationship, injury to, person or property, 436.1801 Evidence, certified copies, orders and. A civil fine ordered under subsection (2) or (3) shall not be waived unless costs ordered under this subsection are waived. R 436.1909 Violation hearing. (e) Employment in a business owned and operated by the parent or guardian of the minor. Compiler's note: For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. R 436.1421 Sample bottles or cans; sale prohibited; removal from premises. The memorandum requesting the correction was published in Michigan Register, 2015 MR 6. Hearings and appeal practice rules. Change, alteration, or modification; prohibitions. R 436.1609 Outstate sellers of beer. 72 0 obj Special Purpose, 436.1531. For Enforcement Questions: shepardc@michigan.gov. 1998, Act 349, Eff. The rule containing the error was published in Annual Administrative Code Supplement, 2003. R 436.1803 Building and health laws and ordinances. Eff. 2008, Act 474, Eff. Apr. For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. >> Oct 3, 1975; 1979 AC; rescinded 1979 ACS 4, Eff. A schedule may exclude cases on the basis of a defendant's prior record of civil infractions or traffic offenses, or a combination of civil infractions and traffic offenses. 2011-4, compiled at MCL 445.2030. : For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. R 436.1815 Transportation. Petitions, 436.2101a Physical plant, R436.1105 Pinball machines, 436.2023, Photographs of establishment (SDD), R436.1137, Police, ineligibility for liquor license, 436.1523. No. (8) In issuing a resort or resort economic development license under subsection (3), (4), or (5), the commission shall consider economic development factors of the area in issuing licenses to establishments designed to stimulate and promote the resort and tourist industry. (n) Motorsports event licensee, where beer and wine may be sold for consumption on the premises during sanctioned motorsports events only. No. 445.657. R 436.574 Application limited to nonprofit organizations; profits. Eff. R 436.1621 Excise tax on beer; reports. Dec. 18, 1996;--Am. 436.1605 Acquisition, development, sale, lease, financing, maintenance, operation, or promotion of real property occupied or to be occupied by another vendor; conditions; denial or approval of arrangement or contract; review; denial, revocation, or suspension of license; wholesaler as party to arrangement or contract prohibited; acquisition, development, sale, lease, financing, maintenance, operation, or promotion of condominium project or unit; exception. Apr. Eff. 436.1521 Limitation on tavern or class C licenses; renewal of license; conditions; revocation; transfer of license; issuance of certain licenses prohibited; “development district defined. (3) The commission shall schedule a hearing pursuant to section 503 of the act within a reasonable period of time after receipt of the objections, unless the governing body of the church or school notifies the commission in writing that the objections have been resolved by the applicant and are being withdrawn. prohibited; inadmissibility of breathalyzer or blood alcohol test results. For transfer of powers and duties of wage hour division relative from department of licensing and regulation to department of education, see E.R.O. (2) Section 1597 of Act No. R 436.2013 Cash or unencumbered securities; release. July 1, 2000 ;-- Am. R 436.1635 Sale or delivery; restrictions; exception. 409.106 Work permit; form; color; contents; rules. 1954 ACS 84, Eff. Sept. 23, 1949 ;-- Am. Liability insurance, 436.1501, 436.1803, et seq. 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R 26 0 R Our Michigan alcohol seller-server course is approved and required by the MLCC (Michigan Liquor Control Commission).Serving Alcohol Michigan alcohol certification follows the rules and regulations stated in the Michigan Liquor Control Code, Youth Employment Standards Act Act 90, and all related penal and vehicle codes. (c) The eligible merchant or his or her agent or employee shall not fill a growler in advance of the sale. A manufacturer, an outstate seller of beer, an outstate seller of wine, or a wholesaler shall not sell or in any manner furnish to a retail licensee, and a retail licensee shall not accept, either of the following: (a) Advertising which has the name of the retail licensee on the advertising. This Code shall have no application to any areas of Indian country located in the State of Michigan. March 20, 2000; MR 11 2003. (2) A bicycle shall be equipped with a brake that enables the operator to make the braked wheels skid on dry, level, clean pavement. Activities that would constitute a great risk of serious injury include, but are not limited to, all of the following: (B) Highway, bridge, or street construction. If you wish to obtain one or more printed copies of this document, you may order it below at a cost of $15 per book. (13) The department of natural resources may by order regulate the use of electric personal assistive mobility devices on all lands under its control. Marina as specially designated merchant or distributor; license; conditions. $300.00, or both, together with costs of the prosecution. Act 64, Eff. Auctions, Special Licensee, 436.1527 Beer, Advertisement, R436.1303 Give-away, R436.1613, Below cost at retail, R436.1055 Bottles refilled prohibited, 436.2005. 445.573c Bottle deposit fund; creation; administration; deposits; annual disbursement; report of information; rules. (3) If the court determines upon the hearing of the order to show cause, from competent and relevant evidence, that at the time of the commission of the violation the motor vehicle was being driven by the person less than 21 years of age with the express or implied consent or knowledge of the owner in violation of subsection (1), and that the use of the motor vehicle is not needed by the owner in the direct pursuit of the owner's employment or the actual operation of the owner's business, the court may authorize the impounding of the vehicle for a period of not less than 15 days or more than 30 days. (4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department. R 436.1821 Damaged goods. As security, R436.1119 SDD/SDM, 436.1541, R436.1129, Investment trust of liquor license stock forbidden, 436.1603, Judgment debtor, license holder, seizures, 436.2009, Kitchen, full service, R436.1123, R436.1437, Forging, altering, counterfeiting, 436.1919, R436.1651, R436.1735, Disbursement from retailers’ license fees, 436.1543. R 436.1911 Costs. (1) The issuing officer may revoke a permit based solely on the following factors: (a) Poor school attendance, characterized by repeated erratic or unexcused absences, which results in consistent performance of school work at a level lower than that which preceded the minor's employment. 445.574 Violation; penalty; separate offense. Compiler's Notes: For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. (14)The secretary of state shall not issue a restricted license to a person whose license is suspended under this section unless a restricted license is authorized under this section and the person is otherwise eligible for a license. History: 1949, Act 300, Eff. (12)Except as provided in subsection (15), a suspension under this section shall be imposed notwithstanding a court order unless the court order complies with section 323.If the secretary of state receives records of more than 1 conviction of a person resulting from the same incident, a suspension shall be imposed only for the violation to which the longest period of suspension applies under this section. 436.1217 Liquor control commission; investigations; inspection and search of licensed premises; seizure and use of evidence of violation; examining or copying books, records, and papers; issuance of subpoena; oath or affirmation; court order; contempt; fees of witnesses; service of subpoena; seal; certified copies as evidence. (13) In addition to any civil fines or costs ordered to be paid under this section, the judge or district court magistrate shall order the defendant to pay a justice system assessment of $40.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are. Oct. 4, 2004 ;-- Am. 16, 1976; 1979 AC. A customer shall not be provided more than a total of 3 samples of beer or wine within a 24-hour period per licensed premises. (2) This section does not apply to a hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or a pharmaceutical company or biotechnology company conducting bona fide research. No. (2) Upon receipt of the objections, the commission shall send a copy of the objections to the applicant. Return for escrow, R436.1047 Revocation or suspension, 436.1501, Revocation, effect on new application, 436.1907, Revocation, request of local government for, 436.1501, Seller of alcohol, required, 436.1203, R436.1809, Signatures, 436.1501, R436.1015 Special census, 436.1531, R436.1141 Special, R436.1062, R436.572, et seq. For a violation of section 682 or a local ordinance substantially corresponding to section 682, the person shall be ordered to pay costs as provided in subsection (4) and a civil fine of not less than $100.00 or more than $500.00. In determining the 1,000-barrel threshold, all brands and labels of a micro brewer, whether brewed in this state or outside this state, shall be combined. The state transportation department may prohibit the operation of a low-speed vehicle or commercial quadricycle on any highway or street under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety. 2010 ;-- Am. Apr. 1982, Act 51, Eff. (5) Notwithstanding section 1025(1), an outstate seller of beer, an outstate seller of wine, a wine maker, a brewer, a micro brewer, or a specially designated merchant, or an agent of any of those persons, who does not hold a license allowing the consumption of alcoholic liquor on the premises at the same licensed address, may conduct beer and wine tastings on the licensed premises of a specially designated merchant under the following conditions: (a) A customer is not charged for the tasting of beer or wine. Exclusive sales territory, 436.1401 Financial interest in vendor’s business, Interest in business of other vendor, 436.1603. Hotels of class B where beer, wine, mixed spirit drink, and spirits may be sold for consumption on the premises and in the rooms of bona fide registered guests. History: 1998, Act 58, Imd. No. Eff. Delivery to customer, R436.1515 By salesperson and vendor rep, Outdoor Service, R436.1011, R436.1521 To customer of campus, R436.1011. June 14, 1978; -- Am. of the Michigan Compiled Laws. R 436.1141 SDD license; population requirement. endobj 2010, Act 221, Imd. Agricultural product, R436.1607 As Specially Designated Merchant, Eligible brewer, defined, 436.1409 Equipment, R436.1605, Interest in real property of another vendor, 436.1605, Not licensed as microbrewer, 436.1411 Qualifications to hold SDM, 436.1607, Brewery, hospitality room, 436.1607, 436.2025, R436.1613, Broken spirit containers, rebates prohibited, R436.1423, R436.1821, Buildings and land, power of commission to lease and occupy, 436.1231, Building codes, compliance with, R436.1003, R436.1803, Buses, w/valid MDOT decal, open alcoholic liquor allowed, 436.1915, 257.624a, Business practices, responsible, 436.1815. Sept. 23, 1949 ;-- Am. R 436.1533 Off-premises server training; requirements. The (i) "Identification verification service" means any internet-based service approved by the commission specializing in age and identity verification. A work permit may be issued by the school district in which the minor's place of employment is located, or by the public school academy or nonpublic school nearest that place of employment. The amendment will take effect on February 1, 2017. Two-for-one pricing, 436.2014, R436.1438 Unauthorized purchase, 436.1203. The special census shall be initiated by resolution of the governing body of the local governmental unit involved. (9) For a violation of section 315(4), the secretary of state may suspend the person's license for 6 months. (20)If 2 or more convictions described in subsection (20) are convictions for violations arising out of the same transaction, only 1 conviction shall be used to determine whether the person has a prior conviction. R 436.1711 Inspections. Agent, 436.1205 Grounds, R436.1061, , By beer wholesaler, 436.1401 By wine wholesaler, 436.1305, , 436.1529 During pending violation, R436.1049 Retail license, R436.1115, (see also “Sales person”), defined, R436.1001 Advising licensee on Liquor Code or. Upon revocation, the minor shall be informed of the appeal process and shall be given instructions as to the initiation of an appeal. Possession of alcoholic liquor by minor, 436.1707, R436.1009; Possession, transportation of alcoholic liquor in motor vehicle by minor, 436.1701, 436.1703, 436.1801; Liquor license and permits, prominently displayed, R436.1015, Sign, prohibited sales to minors, 436.1701. endobj R 436.1931 Postponements; continuances. R 436.1963 Granting of the waiver. (2) A small distiller may only sell at retail from the licensed premises either or both of the following: (a) Brands it manufactures on the licensed premises for consumption off the licensed premises, at a price posted by the commission under section 233. Except as otherwise provided in this subsection, a license issued under this subsection may not be issued at an outdoor stadium customarily used for intercollegiate athletic events. History: 1978; Act 90, Eff. 445.637 Beverage container redemption antifraud fund; creation; payments; allocations; report. R 436.1725 Reports of manufacturers, wholesalers, and outstate sellers. 8 of the Public Acts of the Extra Session of 1933, as amended, and section 33 of Act No. July 3, 2002 ;--, 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2010, Act 267, Imd. While license suspended, R436.1031 Removal from premises, 436.2021, Brewers and wholesaler, R436.1635 Retailers, 436.1537. R 436.1933 Attorney at law. SPECIAL LICENSES FOR SALE OF ALCOHOLIC LIQUOR AT RETAIL FOR CONSUMPTION ON PREMISES. No. /Parent 4 0 R 2003-1, compiled at MCL 445.2011. 2003-1, compiled at MCL 445.2011. (c) Rotate those brands that are represented or sold by the salesperson or vendor representative. R 436.1115 Retail license; minimum qualifications; corporate stock transfer. For a violation of section 328, the civil fine ordered under this subsection shall be not more than $50.00. %���� Except as otherwise provided by law, costs are payable to the general fund of the plaintiff. To avoid occasional emergency outages of spirits, a retail licensee may make up to 12 special emergency orders to an authorized distribution in each agent in each calendar year. (15)The commission shall annually report to the legislature the names of the businesses issued licenses under this section and their locations. Eff. (d) The brandy and spirits tasting takes place during the legal hours for the sale of alcoholic liquor by the licensee. from the James Madison College and Honors College at Michigan State University in 1986. 2011-4, compiled at MCL 445.2030. /Metadata 3 0 R Any colored pages which may be included with this book are amendments to the original printing and should replace pages with the same number. 1986, Act 177, Imd. Sept. 23, 1949 ;-- Am. (1) The commission may, in its discretion, determine which party will have the burden of proceeding. If the owner is a nonresident of the state, service may be made upon the secretary of state as provided in section 403. (e) The premises and the license comply with and are subject to all applicable rules promulgated by the commission. 1954 ACS 87, Eff. 1996, Act 438, Imd. July 3, 2002 ;-- Am. Michigan liquor license holders are allowed to charge more than the minimum retail shelf price set by the Michigan Liquor Control Commission. Jan. 1, 2011; Am. 1996, Act 493, Eff.
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