reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1610b - Temporary Bin Display.

436.1610b Temporary bin display.
Sec. 610b.
(1) A manufacturer, vendor of spirits, outstate seller of beer, outstate seller of wine, or wholesaler shall not sell or in any manner furnish or install, and a retailer shall not accept, a permanent display in the licensed premises of the retailer.
(2) A manufacturer, vendor of spirits, outstate seller of beer, or outstate seller of wine may furnish and install a temporary bin display that has a capacity of up to 25 cases of 24 12-ounce or 0.375-liter containers or the equivalent in other sizes of beer, wine, or spirits on the premises of a retailer that is licensed for off-premises sales only.
(3) Notwithstanding section 609, a wholesaler may install, on the premises of a retailer that is licensed for off-premises sales only, a temporary bin display that has been provided without charge by the manufacturer, outstate seller of beer, or outstate seller of wine.
(4) A retailer shall ensure that a temporary bin display installed on the retailer's premises clearly indicates by a tag, stamp, label, or other method that is securely affixed to the temporary bin display the date on which the temporary bin display was installed.
(5) The 3,500-square-inch limit on an inside retail advertising sign under section 609 does not apply to advertising on a temporary bin display described in subsection (2) or (3).
(6) As used in this section, "temporary bin display" means a freestanding device that is constructed of a material that is used for the exhibition of beer, wine, or spirits on the premises of a retailer that is licensed for off-premises sales only and that must be removed from the retail licensed premises not later than 120 days after installation.
History:
Add. 2017, Act 83, Eff. Oct. 10, 2017
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1610c - Certain Equipment to Special Licensee; Beer Festival; Limitations.

436.1610c Certain equipment to special licensee; beer festival; limitations.
Sec. 610c.
(1) Notwithstanding section 609, a manufacturer, wholesaler, or retailer may provide a special licensee, including, but not limited to, the holder of a special license to conduct a beer festival under section 526, with any of the following:
(a) Beer or wine dispensing equipment or cooling equipment for use by the special licensee during the effective period of the special license. The equipment described in this subdivision may be within or part of a trailer.
(b) A brand logoed tent for use by the special licensee during the effective period of the special license.
(2) A manufacturer, wholesaler, or retailer that is authorized to sell alcoholic liquor to a special licensee under this act may deliver the alcoholic liquor to the special licensee's premises on the commission's issuance of the special license.
(3) A special licensee shall not sell alcoholic liquor before the effective period of the special license.
(4) A special licensee may purchase alcoholic liquor under R 436.582 of the Michigan Administrative Code or under section 526.
History:
Add. 2018, Act 180, Imd. Eff. June 11, 2018
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1610d - Cooperative Advertising; Exceptions; Instant Rebate Coupons; Limitations; "Cooperative Advertising" Defined.

436.1610d Cooperative advertising; exceptions; instant rebate coupons; limitations; "cooperative advertising" defined.
Sec. 610d.
(1) There must not be cooperative advertising:
(a) Between a manufacturer, an outstate seller of beer, an outstate seller of wine, and a retailer.
(b) Between a wholesaler and a retailer.
(c) Between a manufacturer, an outstate seller of beer, an outstate seller of wine, and a wholesaler.
(2) A manufacturer, an outstate seller of beer, or an outstate seller of wine may do any of the following:
(a) Pay any portion of the cost of painting a truck of a wholesaler.
(b) Supply a brand logoed decal or advertising mat, or both, to a wholesaler without cost.
(c) Use the name or logo of the wholesaler of the outstate seller of beer or outstate seller of wine in the advertising of the outstate seller of beer or outstate seller of wine.
(3) The name of a retailer must not appear in the advertising of a manufacturer, an outstate seller of beer, an outstate seller of wine, or a wholesaler.
(4) A retailer may offer consumers instant rebate coupons for use with alcoholic liquor purchases. An instant rebate coupon issued under this subsection must comply with all of the following:
(a) A retailer shall only issue coupons that state a specific expiration date and specific cash refund value on the coupons.
(b) A retailer shall not issue coupons that make any alcoholic liquor free. For spirits, the retailer shall only issue coupons where the specific cash refund amount does not exceed 35% of this state's minimum shelf price for the products purchased and does not reduce the retail price of any product below $2.00 a bottle.
(c) A retailer may issue coupons that can be applied to more than 1 specific product from a manufacturer, but must state the manufacturer to which they apply.
(d) A retailer shall issue coupons that require the retail customer to purchase at least 1 product of alcoholic liquor to redeem a coupon. A retailer may issue coupons that require the retail customer to purchase 2 or more alcoholic liquor products from the same manufacturer to redeem the coupon.
(e) For spirits, a retailer shall only issue coupons for the 375 milliliters or larger size bottles.
(f) A supplier or wholesaler of beer or wine shall not pay for or participate in the offering of an instant rebate coupon.
(5) As used in this section, "cooperative advertising" means a jointly funded effort between licensees or between vendors of spirits.
History:
Add. 2018, Act 426, Imd. Eff. Dec. 20, 2018
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-7 - Chapter 7 (436.1701...436.1707) › Section 436.1705 - Power of Peace Officer or Law Enforcement Officer Witnessing Violation to Stop and Detain Person; Issuance of Appearance Ticket.

436.1705 Power of peace officer or law enforcement officer witnessing violation to stop and detain person; issuance of appearance ticket.
Sec. 705.
A peace officer or law enforcement officer described under section 201 or an inspector of the commission who witnesses a violation of section 701(1) or 703, or a local ordinance corresponding to section 701(1) or 703, may stop and detain a person and obtain satisfactory identification, seize illegally possessed alcoholic liquor, and issue an appearance ticket as prescribed in section 9c of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9c.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2002, Act 725, Imd. Eff. Dec. 30, 2002
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-8 - Chapter 8 (436.1801...436.1815) › Section 436.1807 - Insurer to File Notice of Termination or Cancellation of Contract or Policy; Effective Date.

436.1807 Insurer to file notice of termination or cancellation of contract or policy; effective date.
Sec. 807.
The insurer shall file with the commission, at Lansing, Michigan, at least 30 days before the effectiveness of any termination or cancellation of the contract or policy, a notice giving the date at which it is proposed to terminate or cancel the contract or policy. Any termination of the contract or policy shall not be effective as far as the insured covered by the policy is concerned until 30 days after such notice of the proposed termination or cancellation is received by the commission.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
Compiler's Notes:
Former sections 22 to 22h of Act 8 of 1933 (Ex. Sess.), being MCL 436.22 to 436.22h, and which were repealed by Act 58 of 1998, Eff. Apr. 14, 1998, were formerly known and cited as the “Dram Shop Act.”
Popular Name:
Dram Shop Act
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-8 - Chapter 8 (436.1801...436.1815) › Section 436.1809 - Payment of Judgment and Costs; Time; Failure or Neglect to Pay Judgment and Costs; Punitive Damages; Action Against Insurer.

436.1809 Payment of judgment and costs; time; failure or neglect to pay judgment and costs; punitive damages; action against insurer.
Sec. 809.
Except as otherwise provided for by law or the Michigan court rules, when an action for damages brought under this act has been reduced to a judgment, the insurer shall, within 90 days from the date of the judgment, pay the judgment together with the costs in full, unless the judgment has been paid or settled by the insured. If the insurer fails or neglects to pay the judgment and costs within 90 days, it shall be subject to punitive damages in the amount of $1,000.00, in addition to the amount of the judgment and interest on the judgment. The amount of the judgment, with interest on the judgment, and the punitive damages provided for in this section may be recovered by the person or persons entitled to damages under the judgment in an action against the insurer in any court of competent jurisdiction in this state.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
Compiler's Notes:
Former sections 22 to 22h of Act 8 of 1933 (Ex. Sess.), being MCL 436.22 to 436.22h, and which were repealed by Act 58 of 1998, Eff. Apr. 14, 1998, were formerly known and cited as the “Dram Shop Act.”
Popular Name:
Dram Shop Act
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-8 - Chapter 8 (436.1801...436.1815) › Section 436.1811 - Insurance Policy; Coverage; Conditions.

436.1811 Insurance policy; coverage; conditions.
Sec. 811.
The insurance policy described in this chapter shall cover the liability imposed by section 801 and shall contain the following conditions:
That no condition, provision, stipulation or limitation contained in the policy, or any other endorsement thereon, shall relieve the insurer from liability (within the statutory limits provided by section 803 of the Michigan liquor control code of 1998), for the payment of any claim for which the insured may be held legally liable under section 801 of said act.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 1998, Act 416, Imd. Eff. Dec. 21, 1998
Compiler's Notes:
Former sections 22 to 22h of Act 8 of 1933 (Ex. Sess.), being MCL 436.22 to 436.22h, and which were repealed by Act 58 of 1998, Eff. Apr. 14, 1998, were formerly known and cited as the “Dram Shop Act.”
Popular Name:
Dram Shop Act
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-8 - Chapter 8 (436.1801...436.1815) › Section 436.1813 - False Statement or Breach of Authority; Cancellation of Insurance.

436.1813 False statement or breach of authority; cancellation of insurance.
Sec. 813.
No false statement or breach of authority or act or omission on the part of the insured shall vitiate this insurance, unless the intention of the insured to conceal a hazard of perpetrating fraud is proven; and this policy cannot be cancelled by the insured or the company without first giving thirty days' written notice to the commission in Lansing, Michigan.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
Compiler's Notes:
Former sections 22 to 22h of Act 8 of 1933 (Ex. Sess.), being MCL 436.22 to 436.22h, and which were repealed by Act 58 of 1998, Eff. Apr. 14, 1998, were formerly known and cited as the “Dram Shop Act.”
Popular Name:
Dram Shop Act
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-8 - Chapter 8 (436.1801...436.1815) › Section 436.1815 - Adherence to Responsible Business Practices as Defense; Compensation of Employee on Commission Basis.

436.1815 Adherence to responsible business practices as defense; compensation of employee on commission basis.
Sec. 815.
(1) In defense of a civil action under section 801, a retail licensee may present evidence that, at the time of the selling, giving, or furnishing of the alcoholic liquor, the retail licensee was adhering to responsible business practices. Responsible business practices are those business policies, procedures, and actions which an ordinarily prudent person would follow in like circumstances. The compensating of an employee of an on-premises retail licensee on a commission basis constitutes an unreasonable business practice for purposes of this section.
(2) The compensation of an employee of an on-premises retail licensee shall not be on a commission basis.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
Compiler's Notes:
Former sections 22 to 22h of Act 8 of 1933 (Ex. Sess.), being MCL 436.22 to 436.22h, and which were repealed by Act 58 of 1998, Eff. Apr. 14, 1998, were formerly known and cited as the “Dram Shop Act.”
Popular Name:
Dram Shop Act
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1901 - Compliance Required; Prohibited Acts; Violation; Sanctions and Penalties.

436.1901 Compliance required; prohibited acts; violation; sanctions and penalties.
Sec. 901.
(1) A person, directly or indirectly, himself or herself or by his or her clerk, agent, or employee, shall not manufacture, manufacture for sale, sell, offer or keep for sale, barter, furnish, import, import for sale, transport for hire, transport, or possess any alcoholic liquor unless the person complies with this act.
(2) A licensee shall not allow unlawful gambling on the licensed premises and shall not allow on the licensed premises any gaming devices prohibited by law.
(3) A licensee shall not sell, offer or keep for sale, furnish, possess, or allow a customer to consume alcoholic liquor that is not authorized by the license issued to the licensee by the commission.
(4) A person, whether or not a licensee, shall not sell, deliver, or import spirits unless the sale, delivery, or importation is made by the commission, the commission's authorized agent or distributor, an authorized distribution agent certified by order of the commission, a person licensed by the commission, or by prior written order of the commission. A person who violates this subsection is subject to the sanctions and penalties contained in section 909(4) and, in the case of a violation of section 909(4)(a), is subject to forfeiture of proceeds or an instrumentality as provided for in chapter XXVA of the Michigan penal code, 1931 PA 328, MCL 750.159f to 750.159x.
(5) A licensee shall not sell or furnish alcoholic liquor to a person who maintains, operates, or leases premises that are not licensed by the commission and upon which other persons unlawfully engage in the sale or consumption of alcoholic liquor for consideration as prohibited by section 913.
(6) A retail licensee shall not, on his or her licensed premises, sell, offer for sale, accept, furnish, possess, or allow the consumption of alcoholic liquor that has not been purchased by the retail licensee from the commission, the commission's authorized agent or distributor, an authorized distribution agent certified by order of the commission, or a licensee of the commission authorized to sell that alcoholic liquor to a retail licensee. This subsection does not apply to the consumption of alcoholic liquor in the bedrooms or suites of registered guests of licensed hotels or in the bedrooms or suites of bona fide members of licensed clubs.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2008, Act 11, Imd. Eff. Feb. 29, 2008 ;-- Am. 2010, Act 175, Imd. Eff. Sept. 30, 2010
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1903a - Conviction or Administrative Disqualification of Licensee; Electronic Transaction; Sanctions; Hearing and Appeal Procedures; Definitions.

436.1903a Conviction or administrative disqualification of licensee; electronic transaction; sanctions; hearing and appeal procedures; definitions.
Sec. 903a.
(1) A licensee is subject to the licensing sanctions in subsection (2) if the licensee is convicted or administratively disqualified as the result of an electronic transaction to which all of the following apply:
(a) The transaction is a transaction for food assistance program benefits.
(b) The transaction involves an item other than eligible food.
(c) The transaction is related to the sale of alcoholic liquor under that licensee's liquor license.
(2) The commission or a commissioner or duly authorized agent of the commission designated by the chairperson of the commission shall, upon due notice and proper hearing, impose the following license sanctions upon a licensee described in subsection (1):
(a) For a first violation, a license suspension for between 30 and 60 days.
(b) For a second violation, a license suspension for between 61 and 120 days.
(c) For a third or subsequent violation, revocation of the license.
(3) A licensee aggrieved by a sanction imposed under subsection (2) may invoke the hearing and appeal procedures of section 903(2) and rules promulgated under that section.
(4) As used in this section:
(a) "Administratively disqualified" means administratively disqualified from acting as a merchant under the food and nutrition act of 2008, 7 USC 2011 to 2036a, or 7 CFR 278.6 because the licensee has engaged in trafficking as that term is defined in 7 CFR 271.2. A licensee is not administratively disqualified until any administrative or judicial review under 7 CFR 279 is complete.
(b) "Convicted" means that the licensee either was convicted of or pled guilty to a crime under section 300a(1)(c) of the Michigan penal code, 1931 PA 328, MCL 750.300a.
(c) "Eligible food" means that term as defined in 7 CFR 271.2.
History:
Add. 2013, Act 55, Eff. Sept. 10, 2013
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1903b - Payment by Means Dishonored by Financial Institution for Lack of Sufficient Funds; Violation of Act.

436.1903b Payment by means dishonored by financial institution for lack of sufficient funds; violation of act.
Sec. 903b.
A retailer violates this act if the retailer or the retailer's clerk, servant, agent, or employee makes a payment to a wholesaler, the commission, or this state by any means that has been dishonored by a financial institution for lack of sufficient funds.
History:
Add. 2016, Act 434, Imd. Eff. Jan. 4, 2017
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1904 - Consumption or Possession of Alcoholic Liquor on School Property; Prohibition; Violation as Misdemeanor; Exceptions; Other Violations; Application of Section to Minor; Definitions.

436.1904 Consumption or possession of alcoholic liquor on school property; prohibition; violation as misdemeanor; exceptions; other violations; application of section to minor; definitions.
Sec. 904.
(1) A person shall not consume alcoholic liquor on school property or possess alcoholic liquor on school property with the intent to consume it on school property.
(2) A person who violates this section is guilty of a misdemeanor punishable as follows:
(a) If the person has no prior convictions, by imprisonment for not more than 93 days or a fine of not more than $250.00, or both.
(b) If the person has 1 prior conviction, by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(c) If the person has 2 or more prior convictions, by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(3) This section does not prohibit a person from consuming alcoholic liquor on school property or possessing alcoholic liquor on school property with the intent to consume it on school property under any of the following circumstances:
(a) As part of a generally recognized religious service or religious ceremony.
(b) At a nonschool function or event on school property if the superintendent of the school district or, if the school is not operated by a school district, the administrator of the school, or his or her designee, has approved consuming alcoholic liquor on school property or possessing alcoholic liquor on school property with the intent to consume it on school property during that function or event.
(4) This section does not prohibit an individual from being convicted of or found responsible for any other violation of law arising out of the same transaction as the violation of this section.
(5) This section does not apply to a minor who could be subject to prosecution under section 703 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703.
(6) As used in this section:
(a) "Prior conviction" means a conviction for violating this section or a local ordinance substantially corresponding to this section.
(b) "School" means a public school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.
(c) "School property" means a building, playing field, vehicle, or other property used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.
History:
Add. 1999, Act 274, Eff. Apr. 3, 2000
Popular Name:
Act 306
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1905 - Selling or Furnishing Alcoholic Liquor to Minor; Enforcement Actions Prohibited; Conditions; Exception.

436.1905 Selling or furnishing alcoholic liquor to minor; enforcement actions prohibited; conditions; exception.
Sec. 905.
(1) Notwithstanding section 903, if a retail licensee or a retail licensee's clerk, agent, or employee violates this act by selling or furnishing alcoholic liquor to a minor, or by allowing a minor to consume alcoholic liquor or possess alcoholic liquor for personal consumption on the licensed premises, and if the enforcing agency involved in the prosecution of the violation is the state police or a local police agency, the commission shall not take any action under section 903 to suspend or revoke the licensee's license or assess an administrative fine against the licensee unless all of the following occur, if applicable:
(a) Enforcement action is taken against the minor who purchased, consumed, or received the alcoholic liquor from the retail licensee or the retail licensee's clerk, agent, or employee.
(b) Enforcement action is taken under section 701 against the person 21 years of age or older that is not the retail licensee or the retail licensee's clerk, agent, or employee but who sold or furnished the alcoholic liquor to the minor.
(c) Enforcement action is taken under section 701 against the retail licensee's clerk, agent, or employee.
(2) Subsection (1) does not apply if the enforcing agent involved in the prosecution is a commission inspector rather than a police agency.
(3) Subsection (1)(a) does not apply if the prosecution of the violation is the result of an undercover operation in which the minor who purchased, consumed, or received the alcoholic liquor acted under the direction of the state police or a local police agency as part of the enforcement action and such enforcement action is otherwise in compliance with section 701(4), (5), and (6).
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2002, Act 725, Imd. Eff. Dec. 30, 2002
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1907 - Revocation of License; Forfeiture of Privileges; Seizure of Alcoholic Liquor.

436.1907 Revocation of license; forfeiture of privileges; seizure of alcoholic liquor.
Sec. 907.
(1) Upon revocation of a license issued under this act, any and all privileges conferred by that license shall be forfeited and the commission shall seize any and all alcoholic liquor found in the possession of the licensee.
(2) The commission shall remit to that licensee the purchase price less 10%, paid by the licensee to the commission for all alcoholic liquor seized. All other alcoholic liquor seized shall be disposed of by order of the commission and no payment shall be made for that alcoholic liquor.
(3) A person whose license has been revoked for cause or whose license has been ordered transferred to another person for cause is not eligible for issuance or reissuance of a license under this act for a period of at least 2 years.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1911 - Failure to Pay Tax; Penalties; Collection.

436.1911 Failure to pay tax; penalties; collection.
Sec. 911.
(1) If a person fails or refuses to pay the tax required by this act, the commission shall assess the tax against that person and the tax shall become due and payable together with a penalty or penalties that the commission considers appropriate, but not to exceed $5,000.00, upon demand by the commission or a person designated by the commission. If the tax remains unpaid for 15 days after that demand is made, the commission may issue its warrant under its official seal, directed to the sheriff of any county or other officer, to levy upon and sell the taxpayer's property, either personal or real, used in connection with the business for the privilege of doing which the tax is levied, found within his or her jurisdiction, for the payment of the amount of the tax with the added penalties, interest, and cost of executing the warrant. A warrant issued under this section shall be returned to the commission, together with the money collected by virtue of the warrant, within the time specified in the warrant, which time shall be not less than 20 or more than 90 days from the date of the warrant. The sheriff or other officer to whom the warrant is directed shall proceed upon the warrant in all respects, with like effect, and in the same manner as prescribed by law in respect to executions issued against property upon judgments by a court of record, and shall be entitled to the same fees for his service in executing the warrant, to be collected in the same manner. The state of Michigan, through the commission or an officer or agent designated by it, is authorized to bid for and purchase any property sold under this section.
(2) In addition to the mode of collection provided in subsection (1), the commission may bring an action at law in the county in which the business or any part of the business is carried on, to collect and recover the amount of taxes, interest, or penalties, or any combination of taxes, interest, or penalties, due from a taxpayer.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1913 - Prohibited Conduct; Unlicensed Premises or Place; Unlawful Consumption of Alcoholic Liquor; Exceptions; Construction of Section; “Consideration” Defined.

436.1913 Prohibited conduct; unlicensed premises or place; unlawful consumption of alcoholic liquor; exceptions; construction of section; “consideration” defined.
Sec. 913.
(1) A person shall not do either of the following:
(a) Maintain, operate, or lease, or otherwise furnish to any person, any premises or place that is not licensed under this act within which the other person may engage in the drinking of alcoholic liquor for consideration.
(b) Obtain by way of lease or rental agreement, and furnish or provide to any other person, any premises or place that is not licensed under this act within which any other person may engage in the drinking of alcoholic liquor for consideration.
(2) A person shall not consume alcoholic liquor in a commercial establishment selling food if the commercial establishment is not licensed under this act. A person owning, operating, or leasing a commercial establishment selling food which is not licensed under this act shall not allow the consumption of alcoholic liquor on its premises.
(3) This section shall not apply to any hotel or any licensee under this act.
(4) This section shall not be construed to repeal or amend section 1019.
(5) As used in this section, "consideration" includes any fee, cover charge, ticket purchase, the storage of alcoholic liquor, the sale of food, ice, mixers, or other liquids used with alcoholic liquor drinks, or the purchasing of any service or item, or combination of service and item; or includes the furnishing of glassware or other containers for use in the consumption of alcoholic liquor in conjunction with the sale of food.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2006, Act 131, Imd. Eff. May 5, 2006
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1914 - Alcohol Vapor Device; Use, Possession, Sale, or Offer to Sell Prohibited; Violation; Rules.

436.1914 Alcohol vapor device; use, possession, sale, or offer to sell prohibited; violation; rules.
Sec. 914.
(1) Except as otherwise provided in subsection (3), a person shall not use or offer for use, possess, sell, or offer for sale an alcohol vapor device.
(2) A person who violates subsection (1) is guilty of a misdemeanor punishable in the manner provided for in section 909.
(3) The commission may jointly promulgate rules with the department of community health to allow for the sale or use of an alcohol vapor device for research purposes.
History:
Add. 2005, Act 320, Imd. Eff. Dec. 27, 2005
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1914a - Powdered Alcohol; Use, Possession, Sale, or Offer for Sale Prohibited; Violation as Misdemeanor; Exception; "Powdered Alcohol" Defined.

436.1914a Powdered alcohol; use, possession, sale, or offer for sale prohibited; violation as misdemeanor; exception; "powdered alcohol" defined.
Sec. 914a.
(1) Except as otherwise provided in subsection (2), a person shall not use or offer for use, possess, sell, or offer for sale powdered alcohol. A person that violates this section is guilty of a misdemeanor punishable as provided in section 909.
(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.
(3) As used in this section, "powdered alcohol" means alcohol that is sold in powder form for either direct use or reconstitution.
History:
Add. 2015, Act 165, Eff. Jan. 26, 2016
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1914b - Marihuana-Infused Beer, Wine, Mixed Wine Drink, Mixed Spirit Drink, or Spirits; Use, Possession, Sale, or Offer for Sale Prohibited; Exception; Definitions.

436.1914b Marihuana-infused beer, wine, mixed wine drink, mixed spirit drink, or spirits; use, possession, sale, or offer for sale prohibited; exception; definitions.
Sec. 914b.
(1) Except as otherwise provided in subsection (2), a person shall not use or offer for use, possess, sell, or offer for sale marihuana-infused beer, wine, mixed wine drink, mixed spirit drink, or spirits. A person that violates this section is guilty of a misdemeanor punishable as provided in section 909.
(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.
(3) As used in this section:
(a) "Marihuana" means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953.
(b) "Marihuana-infused beer, wine, mixed wine drink, mixed spirit drink, or spirits" means beer, wine, mixed wine drink, mixed spirit drink, or spirits that contain any amount of marihuana.
History:
Add. 2018, Act 346, Imd. Eff. Oct. 16, 2018 ;-- Am. 2021, Act 63, Eff. Oct. 11, 2021
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1915 - Possessing or Consuming Alcoholic Liquor on Public Highway or in Park, Place of Amusement, or Publicly Owned Area; Authority of Local Governmental Unit or State Department or Agency to Prohibit Possession or Consumption of Alcoholic Liquor; Definitions.

436.1915 Possessing or consuming alcoholic liquor on public highway or in park, place of amusement, or publicly owned area; authority of local governmental unit or state department or agency to prohibit possession or consumption of alcoholic liquor; definitions.
Sec. 915.
(1) Alcoholic liquor shall not be consumed on the public highways.
(2) Except as provided in subsections (3) and (4), alcoholic liquor may be possessed or consumed in public parks, public places of amusement, or a publicly owned area not licensed to sell for consumption on the premises.
(3) The governing body of a local governmental unit may prohibit by ordinance, order, or resolution the possession or consumption of alcoholic liquor in any public park, public place of amusement, or publicly owned area that is owned or administered, or both, by that local governmental unit. When land is leased from a department or agency of this state, an ordinance, order, or resolution adopted pursuant to this subsection shall be subject to the approval of the department or agency.
(4) A department or agency of this state that administers public lands may prohibit by rule, order, or resolution the possession or consumption of alcoholic liquor on the public land under its jurisdiction.
(5) As used in this section:
(a) "Local governmental unit" means a county, city, township, village, or charter authority.
(b) "Publicly owned area" means an area under the jurisdiction of a local governmental unit.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1917 - Liability of Vendor.

436.1917 Liability of vendor.
Sec. 917.
(1) A person who engages in the business of selling or keeping for sale alcoholic liquor in violation of this act, whether as owner, clerk, agent, servant, or employee, is equally liable, as principal, both civilly and criminally, for the violation of this act.
(2) A person or principal is liable, both civilly and criminally, for the acts of his or her clerk, servant, agent, or employee, in violating this act.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1919 - Forging Documents, Labels, or Stamps; Prohibited Conduct; Penalty.

436.1919 Forging documents, labels, or stamps; prohibited conduct; penalty.
Sec. 919.
A person who falsely or fraudulently makes, simulates, forges, alters, or counterfeits a document, label, or stamp prescribed by the commission under this act or rules promulgated under this act, or who causes or procures to be falsely or fraudulently made, simulated, forged, altered, or counterfeited any such document, label, or stamp, who knowingly and willfully utters, publishes, passes, or tenders as true, any such false, altered, forged, or counterfeited document, label, or stamp, or who uses more than once any label or stamp prescribed by the commission pursuant to this act or the rules promulgated under this act is guilty of a felony punishable by imprisonment for not more than 1 year or by a fine of not more than $1,000.00, or both.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1921 - Sale or Exchange of Ceramic Commemorative Bottles.

436.1921 Sale or exchange of ceramic commemorative bottles.
Sec. 921.
Notwithstanding section 203, a collector, who is 21 years of age or older, of ceramic commemorative bottles containing alcoholic liquor and bearing an unbroken federal tax stamp or seal may sell or trade the bottles to other such collectors of those bottles without obtaining a license under this act. All sales conducted under this subsection shall be for the purpose of exchanging ceramic commemorative bottles between private collectors of those bottles and shall not be for the purpose of selling alcoholic liquor for personal consumption. A sale or exchange conducted under this subsection shall not occur in any of the following ways:
(a) In connection with the business of a holder of an alcoholic liquor license.
(b) In connection with any other business.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1923 - Warehouse Receipts for Alcoholic Liquor; Authority of Commission.

436.1923 Warehouse receipts for alcoholic liquor; authority of commission.
Sec. 923.
The commission has complete power to regulate, limit, and control the sale, transfer, barter, or exchange in this state of warehouse receipts for alcoholic liquor wherever alcoholic liquor is situated.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-9 - Chapter 9 (436.1901...436.1925) › Section 436.1925 - Construction of Act; Severability.

436.1925 Construction of act; severability.
Sec. 925.
(1) This act shall be construed to effect the intent and purposes set forth in this act and to protect the public health, safety, and welfare of the citizens of this state.
(2) If any provision of this act is found to be unconstitutional by a court of competent jurisdiction and all rights of appeal have expired or been exhausted, the offending provision shall be severed and shall not affect the remaining portions of the act.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2014, Act 46, Imd. Eff. Mar. 25, 2014
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-10 - Chapter 10 (436.2001...436.2031) › Section 436.2001 - Armories, Air Bases, Naval Installations and State Military Reservation.

436.2001 Armories, air bases, naval installations and state military reservation.
Sec. 1001.
The commanding general of the Michigan national guard may publish by general order such regulations and restrictions as to the transportation, possession, sale, and use of alcoholic liquor in armories, air bases, and naval installations owned or leased by the state or provided by the federal government by lease, license, or use permit and used by outside parties of a nonmilitary or state governmental nature and on the state military reservation during the field training periods of the Michigan national guard, either in state or federal service, as he or she determines are for the best interests of the military service.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-10 - Chapter 10 (436.2001...436.2031) › Section 436.2003 - False or Fraudulent Statements.

436.2003 False or fraudulent statements.
Sec. 1003.
A person who makes a false or fraudulent statement to the commission, orally or in writing, for the purpose of inducing the commission to act or refrain from taking action or for the purpose of enabling or assisting a person to evade the provisions of this act is guilty of a violation of this act and is punishable in the manner provided for in section 909.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-10 - Chapter 10 (436.2001...436.2031) › Section 436.2005 - Adulterated, Misbranded, or Refilled Liquors.

436.2005 Adulterated, misbranded, or refilled liquors.
Sec. 1005.
(1) A licensee who, by himself or herself or by his or her agent or employee, sells, offers for sale, exposes for sale, or possesses alcoholic liquor that is adulterated, misbranded, or in bottles that have been refilled is guilty of a violation of this act.
(2) For purposes of this section, alcoholic liquor is adulterated if it contains any liquid or other ingredient that was not placed there by the original manufacturer or bottler.
(3) For purposes of this section, alcoholic liquor is misbranded if it is not plainly labeled, marked, or otherwise designated.
(4) For purposes of this section, alcoholic liquor bottles have been refilled when the bottles contain any liquid or other ingredient not placed in the bottles by the original manufacturer or bottler.
(5) This section does not apply to beer containers.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-10 - Chapter 10 (436.2001...436.2031) › Section 436.2007 - Alcoholic Liquor as Contraband.

436.2007 Alcoholic liquor as contraband.
Sec. 1007.
All alcoholic liquor that is manufactured, transported, sold, or possessed without the consent of the commission is hereby declared contraband and shall be disposed of by order of the commission.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-10 - Chapter 10 (436.2001...436.2031) › Section 436.2009 - Delivery of Seized Alcoholic Liquor; Bankruptcy; Payment.

436.2009 Delivery of seized alcoholic liquor; bankruptcy; payment.
Sec. 1009.
(1) If alcoholic liquor is seized under a judgment rendered against a licensee or if a licensee becomes insolvent, the officer seizing that alcoholic liquor or the trustee in bankruptcy of the insolvent licensee shall deliver to the commission all alcoholic liquor found in the licensee's possession.
(2) Within 1 month after the date of delivery of alcoholic liquor to the commission by an officer or trustee in bankruptcy under this section, the commission shall pay over to the officer or trustee in bankruptcy the purchase price, less 10%, paid by the licensee to the commission for all legal alcoholic liquor seized and the value, less 10%, as established by the commission, of other legally acquired alcoholic liquor delivered to the commission under this section. Alcoholic liquor delivered to the commission under this section that was illegally acquired by the licensee shall be disposed of by order of the commission and payment shall not be made for that alcoholic liquor.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-10 - Chapter 10 (436.2001...436.2031) › Section 436.2011 - Printed Price List; Posting.

436.2011 Printed price list; posting.
Sec. 1011.
Alcoholic liquor for consumption on the premises shall be sold only in accordance with a printed price list that is readily available to customers.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-10 - Chapter 10 (436.2001...436.2031) › Section 436.2013 - Sale or Purchase of Alcoholic Liquor for Cash; Exceptions.

436.2013 Sale or purchase of alcoholic liquor for cash; exceptions.
Sec. 1013.
A sale or purchase of alcoholic liquor made in a state liquor store and by all types of licensees shall be for cash only, except for the following:
(a) A customer's charge account with a specially designated merchant who is not a holder of a license authorizing sale of alcoholic liquor for consumption on the premises.
(b) A sale to a bona fide registered guest of a class B hotel or class A hotel, if the extension of credit does not exceed 30 days.
(c) A sale to an industrial account if the extension of credit does not exceed 30 days.
(d) A sale to a person holding an authorized credit card from a credit card agency.
(e) A sale to a professional account, or an industrial account of class C licensee or a tavern, whose major business is food, if the extension of credit does not exceed 30 days.
(f) A sale by a private club to a bona fide member.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998