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) › 58-1998-10 - Chapter 10 (436.2001...436.2031) › Section 436.2014 - Sale of Unlimited Quantity of Alcoholic Liquor at Specific Price; Conditions; Sale of 3 or More Identical Drinks Containing Alcoholic Liquor for 1 Price; Prohibition; "Private Function" Defined.

436.2014 Sale of unlimited quantity of alcoholic liquor at specific price; conditions; sale of 3 or more identical drinks containing alcoholic liquor for 1 price; prohibition; "private function" defined.
Sec. 1014.
(1) An on-premises licensee shall not sell, offer to sell, or advertise the sale of an unlimited quantity of alcoholic liquor at a specific price unless all of the following conditions are met:
(a) The sale, offer, or advertisement is in connection with a private function.
(b) The on-premises licensee has entered into a written agreement with the organizer of the private function stating all of the following:
(i) The date and time the event will be held.
(ii) The location of the event.
(iii) The terms under which alcohol will be sold and served during the event.
(c) The on-premises licensee makes available to the commission and local law enforcement, on notice, the written agreement described in subdivision (b).
(2) An on-premises licensee shall not sell, offer to sell, or advertise the sale of 3 or more identical drinks containing alcoholic liquor to an individual for the individual's consumption for 1 price. If 3 or more identical drinks containing alcoholic liquor are served to an individual at 1 time, the price charged for the third and each additional drink must be the same as the price charged for the first drink. Except on prior written order by the commission, an on-premises licensee shall not sell alcoholic liquor to an individual under this subsection for a price that is less than the on-premises licensee's cost for the alcoholic liquor.
(3) As used in this section, "private function" means an event that meets all of the following conditions:
(a) It is a prearranged private party, private function, or private event for a specific social or business occasion.
(b) Attendance is only by invitation or reservation.
(c) It is not open to the general public.
(d) The guests are served in an outdoor service area or room that is well-defined and clearly marked and designated and used exclusively for the event.
History:
Add. 2015, Act 47, Imd. Eff. June 9, 2015 ;-- Am. 2020, Act 126, Imd. Eff. July 1, 2020
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 436.2015 - Awarding Unopened Alcoholic Liquor Pursuant to Lawful Fund Raising Activity.

436.2015 Awarding unopened alcoholic liquor pursuant to lawful fund raising activity.
Sec. 1015.
(1) A nonlicensee, or a person who holds either a special license or a club license under this act, may offer and award unopened alcoholic liquor having a value of less than $200.00 to a person 21 years of age or older in a drawing or raffle or as a door prize, pursuant to a lawful fund raising activity. The alcoholic liquor awarded shall not be consumed on the premises at which it is awarded.
(2) A person who holds either a special license or a club license under this act and who has purchased alcoholic liquors to be awarded as provided for in subsection (1) shall be exempt from sections 1021(2) and 1025 for those purchases.
(3) A person who holds either a special license or a club license under this act shall not sell or award alcoholic liquor to a person who is in an intoxicated condition.
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 436.2017 - Sterilization of Glass; Method and Manner.

436.2017 Sterilization of glass; method and manner.
Sec. 1017.
Alcoholic liquor shall not be served to a person for consumption on the premises unless the glass in which the alcoholic liquor is to be served has been sterilized by a method and in a manner as prescribed by 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 436.2019 - Sales in Hotel Rooms.

436.2019 Sales in hotel rooms.
Sec. 1019.
(1) Alcoholic liquor may be served by any hotel licensed individually under this act in the room of a bona fide guest.
(2) A person shall not consume or offer for consumption spirits or mixed spirit drink in any place licensed under this act to sell beer or wine and not licensed to sell spirits or mixed spirit drink.
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 436.2023 - Pinball Machines.

436.2023 Pinball machines.
Sec. 1023.
The commission shall not prohibit licensees from allowing pinball machines on the premises for the purpose of amusement.
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 436.2024 - Automatic Teller Machine; Preventing Access to Cash Benefits From Michigan Bridge Card; Definitions.

436.2024 Automatic teller machine; preventing access to cash benefits from Michigan bridge card; definitions.
Sec. 1024.
(1) A retailer shall work with the department of human services and with persons that provide automatic teller machine services on the retailer's premises to prevent an individual's access to cash benefits from Michigan bridge cards through a point of sale device or withdrawal from an automatic teller machine on the retailer's premises. For purposes of this section only, a retailer does not include a retail food store.
(2) As used in this section:
(a) "Michigan bridge card" means the card that is used to distribute cash benefits by the department of human services.
(b) "Retail food store" means that term as defined in 7 USC 2012.
History:
Add. 2013, Act 197, Eff. Feb. 1, 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 436.2029 - Packaging of Nonalcoholic Carbonated Beverages With Spirits.

436.2029 Packaging of nonalcoholic carbonated beverages with spirits.
Sec. 1029.
(1) The commission, by promulgation of a rule, issuance of an order, or execution of a memorandum of understanding with the department of treasury, or any combination thereof, may allow the conduct by a manufacturer or outstate seller of spirits of a preapproved program for marketing spirits by inclusion of nonalcoholic carbonated beverages to be packaged with spirits. The commission may, in conjunction with the department of treasury, adopt a program that disallows the redemption of returnable containers from the commission but otherwise allows redemption of Michigan-sold returnable containers at other venues, and shall allow for a system of appropriate allocation of funds under 1976 IL 1, MCL 445.571 to 445.576, by means of the issuance of an order or by adoption of a rule.
(2) The commission shall provide for a system of non-mail-in or instant coupon transactions that does not diminish the spirit product margins allocated to the state under this act by means of the issuance of an order or by adoption of a rule.
History:
Add. 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) › 58-1998-10 - Chapter 10 (436.2001...436.2031) › Section 436.2030 - Repealed. 2017, Act 166, Eff. Feb. 11, 2018.

436.2030 Repealed. 2017, Act 166, Eff. Feb. 11, 2018.
Compiler's Notes:
The repealed section pertained to sale of keg beer.
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 436.2031 - "Wine Auction License" Defined; Issuance of License; Restrictions; Payment of Taxes; Delivery, Storage, Warehousing, and Delivery of Wine; Sale and Resale of Wine Purchases at Auction.

436.2031 "Wine auction license" defined; issuance of license; restrictions; payment of taxes; delivery, storage, warehousing, and delivery of wine; sale and resale of wine purchases at auction.
Sec. 1031.
(1) As used in this section, "wine auction license" means a license issued by the commission to sell wine by auction, subject to the following:
(a) The wine is sold through an auction by a person that is licensed as a specially designated merchant or through a seller that is a partner with a specially designated merchant, as evidenced by a written agreement of the parties.
(b) The owner of the wine is not licensed under this act.
(c) The wine is part of a private collection owned by a person that is not licensed under this act.
(d) The specially designated merchant ensures that each bottle sold from the private collection has a permanently affixed tag or label stating that the wine was acquired from a private collection.
(2) If it receives a completed application and the license fee described in section 525(1)(aa), the commission shall issue a wine auction license to a person licensed as a specially designated merchant, or a seller that is a partner with a specially designated merchant, who is arranging for the sale of wine by an owner that is not licensed under this act. The commission shall issue the license for a term of 1 year. The license allows the licensee to hold not more than 12 auctions per license year.
(3) The license restrictions prescribed under this section and under this act are in addition to those requirements and prescriptions imposed by any local law or ordinance, or resolution of the local unit of government.
(4) The holder of the wine auction license is responsible for the payment of any applicable sales or excise taxes regarding the sale of the wine by auction.
(5) The holder of the wine auction license is responsible for the delivery, storing, and warehousing of the wine offered for sale and for the delivery of the wine to the purchasers.
(6) A person that is licensed to sell wine at wholesale or retail may purchase any wine offered at an auction under this section and may resell that wine in accordance with the terms of the license, if at the time of sale the tag or label remains permanently affixed to the bottle.
(7) The sale and resale of wine purchased at auction is subject to this act and any rules of the commission promulgated under this act.
History:
Add. 2010, Act 175, Imd. Eff. Sept. 30, 2010 ;-- Am. 2014, Act 194, Imd. Eff. June 24, 2014
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-11 - Chapter 11 (436.2101...436.2115) › Section 436.2101a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

436.2101a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 1101a.
A petition under section 1101, 1107, 1111, or 1113, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 1998, Act 251, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-11 - Chapter 11 (436.2101...436.2115) › Section 436.2103 - Sale of Spirits and Mixed Spirit Drink for Consumption on Premises; Annexation of Territory to City Prohibiting Sale; Continuance of License; Referendum.

436.2103 Sale of spirits and mixed spirit drink for consumption on premises; annexation of territory to city prohibiting sale; continuance of license; referendum.
Sec. 1103.
(1) If spirits and mixed spirit drink for consumption on the premises, in addition to beer and wine, may be sold by restaurants, hotels, and establishments approved by the commission in a city, village, or township and all or a part of that city, village, or township becomes annexed to and a part of a city or village that does not, at the time of annexation, permit those sales, class C licensees in that annexed area shall continue to be licensed by the commission until the next regular, city, or village election, at which election, without the need to file a petition, the question of the sale of spirits and mixed spirit drink for consumption on the premises, in addition to beer and wine, shall be submitted to the electors of the city or village to which the territory has been annexed.
(2) The form of the ballot, the voting and canvassing of votes, and the effect of the votes shall be as provided in section 1101.
(3) The fact that a vote has been taken upon that question either in the annexing municipality or in the annexed area, or in both, within 4 years before the annexation is not a bar to the submission of the question as provided in this section.
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) › 58-1998-11 - Chapter 11 (436.2101...436.2115) › Section 436.2105 - Sale of Spirits and Mixed Spirit Drink for Consumption on Premises; Referendum; License to Serve Spirits in Addition to Beer and Wine for Consumption on Premises; Application; Approval; Fee; Referendum in Certain Townships.

436.2105 Sale of spirits and mixed spirit drink for consumption on premises; referendum; license to serve spirits in addition to beer and wine for consumption on premises; application; approval; fee; referendum in certain townships.
Sec. 1105.
(1) When the question of the sale of spirits and mixed spirit drink for consumption on the premises is submitted to and approved by the electors of a city, village, or township, and immediately after certification of the results of the election, all currently approved licensed establishments for consumption of beer and wine on the premises in the city, village, or township shall be licensed to serve spirits and mixed spirit drink in addition to beer and wine for consumption on the premises upon application to and approval by the commission and payment of the applicable license fee as specified in section 525.
(2) A township having incorporated villages within its boundaries may submit to the voters in the unincorporated portion of the township the question of sale of spirits and mixed spirit drink for consumption on the premises and the will of the electors outside of the incorporated villages shall decide the question for the unincorporated portion of the township.
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) › 58-1998-11 - Chapter 11 (436.2101...436.2115) › Section 436.2107 - Manufacture and Sale of Alcoholic Liquor; County Option; Form of Ballot; Notice of Prohibition.

436.2107 Manufacture and sale of alcoholic liquor; county option; form of ballot; notice of prohibition.
Sec. 1107.
(1) Upon the filing with the county clerk of a petition signed by not less than 20% of the registered and qualified electors of any county of the entire vote cast for the office of secretary of state in that county at the last general election requesting the submission to the electors of that county of the question of the manufacture or sale of alcoholic liquor, or both, within that county, the county clerk shall submit the question at the next regular state election held in that county. A petition filed under this subsection shall be filed at least 60 days before the election. A ballot question under this subsection shall not be submitted to the electors more often than once in any 4-year period.
(2) All votes on the question shall be taken, counted, and canvassed in the same manner as votes cast for county offices are taken, counted, and canvassed. The vote on that question shall be by ballot, which ballots shall be furnished by the board of election commissioners of the county and shall be substantially in 1 of the following forms:
"1. Shall the manufacture of alcoholic liquor be prohibited in the county of ............?
Yes ........
No ........
2. Shall the sale of alcoholic liquor be prohibited in the county of ...........?
Yes ........
No ........
3. Shall the manufacture and sale of alcoholic liquor be prohibited in the county of .........?
Yes ........
No ........".
(3) The effective date of the prohibition of the manufacture or sale, or both, as applicable, shall be 30 days after the board of county canvassers has determined that a majority of those voting on that question have voted in favor of the prohibition. The county clerk shall give notice of the effective date of the prohibition by publishing the date at least once in a newspaper published in that county or, if no newspaper is published within the county, in a newspaper published in an adjoining county.
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) › 58-1998-11 - Chapter 11 (436.2101...436.2115) › Section 436.2109 - Ordinance Prohibiting Retail Sale of Alcoholic Liquor; Adoption; Duration; Election; Affirmance or Revocation; Prohibition.

436.2109 Ordinance prohibiting retail sale of alcoholic liquor; adoption; duration; election; affirmance or revocation; prohibition.
Sec. 1109.
(1) Notwithstanding section 1101, a city, village, or township in which there are no retail licenses for the sale of alcoholic liquor may, by ordinance, prohibit the retail sale of alcoholic liquor within its borders.
(2) An ordinance adopted under subsection (1) remains in effect until the next general or special election held not less than 45 days after the adoption of the ordinance. At that election, the ordinance shall be submitted to the electors of the city, village, or township for affirmance or revocation. A revocation of the ordinance is effective on the date the election results are certified.
(3) The commission shall not issue a license that violates an ordinance adopted under subsection (1).
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) › 58-1998-11 - Chapter 11 (436.2101...436.2115) › Section 436.2114 - Selling, Giving Away, Furnishing, or Buying Alcoholic Liquor or Spirits on Any Day; Annual Fee.

436.2114 Selling, giving away, furnishing, or buying alcoholic liquor or spirits on any day; annual fee.
Sec. 1114.
(1) Notwithstanding R 436.1403 and R 436.1503 of the Michigan administrative code and except as otherwise provided under this act or rule of the commission, an on-premises and an off-premises licensee shall not sell, give away, or furnish alcoholic liquor between the hours of 2 a.m. and 7 a.m. on any day.
(2) Subsection (1) does not prevent any local governmental unit from prohibiting the sale of beer and wine between the hours of 7 a.m. and 12 noon on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on Monday under section 1111 and does not prevent any local governmental unit from prohibiting the sale of spirits and mixed spirit drink between the hours of 7 a.m. and 12 noon on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on Monday under section 1113. A licensee selling alcoholic liquor between 7 a.m. and 12 noon on Sunday shall obtain a permit and pay to the commission an annual fee of $160.00.
(3) A reference to the time of day under this act or a rule of the commission includes daylight savings time, when observed.
History:
Add. 2004, Act 134, Imd. Eff. June 7, 2004 ;-- Am. 2010, Act 213, Eff. Dec. 1, 2010 ;-- Am. 2011, Act 27, Imd. Eff. May 16, 2011
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-11 - Chapter 11 (436.2101...436.2115) › Section 436.2115 - Sale of Spirits or Mixed Spirit Drink on Sunday; Additional Fee; Disposition of Revenue.

436.2115 Sale of spirits or mixed spirit drink on Sunday; additional fee; disposition of revenue.
Sec. 1115.
(1) A licensee who elects to sell spirits or mixed spirit drink between the hours of 12 noon on Sunday and 2 a.m. on Monday under section 1113 shall not do so until he or she first obtains a permit and pays to the commission an additional fee in the amount of 15% of the fee charged for the issuance of his or her license.
(2) The revenue received from subsection (1) for the sale of spirits or mixed spirit drink between 12 noon on Sunday and 2 a.m. on Monday shall be deposited with the state treasurer in a special fund to be used only by the department of public health in programs for the treatment of alcoholics. Any other revenue resulting from the additional $160.00 license fee as described in section 1114 for sales of alcoholic liquor permitted under sections 1111 and 1113 shall be deposited into the general fund.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2010, Act 213, Eff. Dec. 1, 2010
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-12 - Chapter 12 (436.2201...436.2207) › Section 436.2201 - Imposition of Tax; Levy; Collection; Computations; Deposit of Proceeds; Secondary Road Patrol and Training Fund; General Fund; Inventory.

436.2201 Imposition of tax; levy; collection; computations; deposit of proceeds; secondary road patrol and training fund; general fund; inventory.
Sec. 1201.
(1) In addition to any taxes imposed by law, there is imposed and levied upon and collected a specific tax equal to 4% of the retail selling price of spirits. The commission shall collect the tax at the time of sale by the commission. For a sale to a licensee, the tax must be computed on the retail selling price established by the commission under section 233 without allowance of discount under section 233.
(2) Upon collection of the tax under subsection (1), the commission shall deposit the entire proceeds in the state treasury. In each fiscal year, $15,000,000.00 of the proceeds deposited in the state treasury must be allocated to the secondary road patrol and training fund created in section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, and any remaining proceeds to the credit of the general fund. For the fiscal year ending September 30, 2024, and each subsequent fiscal year, the state treasurer shall adjust the dollar amount under this subsection by the percentage increase in the Detroit Consumer Price Index for the preceding calendar year and round to the nearest $100.00 increment. As used in this subsection, "Detroit Consumer Price Index" means the most comprehensive index of consumer prices available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.
(3) If this section is repealed, every licensee, who has on hand any spirits on the effective date of the repeal, shall file a complete inventory of those spirits with the commission within 20 days after the repeal. The commission shall credit to the licensee an amount equal to 4% of the retail selling price of those spirits on future purchases of spirits from the commission.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2022, Act 190, Imd. Eff. Sept. 27, 2022
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-12 - Chapter 12 (436.2201...436.2207) › Section 436.2203 - Imposition of Tax; Levy; Collection; Computation; Deposit of Proceeds; State School Aid Fund.

436.2203 Imposition of tax; levy; collection; computation; deposit of proceeds; state school aid fund.
Sec. 1203.
(1) In addition to any and all taxes imposed by law, there is imposed, levied upon, and collected a specific tax equal to 4% retail selling price of spirits. The tax shall be collected by the commission at the time of sale by the commission. In the case of sales to licensees, the tax shall be computed on the retail selling price established by the commission without allowance of discount.
(2) Upon collection, the commission shall deposit the entire proceeds in the state treasury, to the credit of the state school aid fund established by sections 8, 10, and 11 of article IX of the state constitution.
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) › 58-1998-12 - Chapter 12 (436.2201...436.2207) › Section 436.2205 - Repealed. 2011, Act 166, Eff. Oct. 1, 2012.

436.2205 Repealed. 2011, Act 166, Eff. Oct. 1, 2012.
Compiler's Notes:
The repealed section pertained to imposition and levy of tax on retail selling price of spirits for consumption off premises and deposit to liquor purchase revolving fund.
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-12 - Chapter 12 (436.2201...436.2207) › Section 436.2207 - Legislative Findings and Declarations; Programs to Promote Tourism and Convention Business; Acquisition of Convention Facilities; Imposition of Tax on Spirits for Consumption Off Premises; Deposit of Proceeds; Convention Facility Development Fund.

436.2207 Legislative findings and declarations; programs to promote tourism and convention business; acquisition of convention facilities; imposition of tax on spirits for consumption off premises; deposit of proceeds; convention facility development fund.
Sec. 1207.
(1) The legislature finds and declares that there exists in this state a continuing need for programs to promote tourism and convention business in order to assist in the prevention of unemployment and the alleviation of the conditions of unemployment, to preserve existing jobs, and to create new jobs to meet the employment demands of population growth. In order to achieve these purposes, it is necessary to assist and encourage local units of government to acquire, construct, improve, enlarge, renew, replace, repair, furnish, and equip convention facilities and the real property on which they are located.
(2) In addition to any other taxes imposed by law, there is imposed, levied upon, and collected a specific tax equal to 4% of the retail selling price of spirits for consumption on the premises. The tax shall be collected by the commission at the time of sale by the commission. In the case of sales to licensees, the tax shall be computed on the retail selling price established by the commission without allowance of discount.
(3) In addition to any other taxes imposed by law, there is imposed, levied upon, and collected a specific tax equal to 4% of the retail selling price of spirits for consumption off the premises. The tax shall be collected by the commission at the time of the sale by the commission.
(4) Upon collection, the commission shall deposit the proceeds of the taxes imposed pursuant to subsections (2) and (3) in the state treasury to the credit of the convention facility development fund created by the state convention facility development act, 1985 PA 106, MCL 207.621 to 207.640, for distribution and use only in the manner and for the purposes stated in that act.
(5) The tax imposed by this act shall not be levied during any period in which the tax imposed pursuant to the state convention facility development act, 1985 PA 106, MCL 207.621 to 207.640, is not levied.
(6) This section shall not be construed as making appropriations.
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) › 58-1998-13 - Chapter 13 (436.2301...436.2303) › Section 436.2301 - Repeal of Acts and Parts of Acts.

436.2301 Repeal of acts and parts of acts.
Sec. 1301.
The following acts and parts of acts are repealed:
(a) The Michigan liquor control act, 1933 (Ex Sess) PA 8, MCL 436.1 to 436.58.
(b) 1959 PA 94, MCL 436.101 to 436.103.
(c) 1962 PA 218, MCL 436.121 to 436.125.
(d) 1972 PA 213, MCL 436.131 to 436.133.
(e) The tourism and convention facility promotion tax act, 1985 PA 107, MCL 436.141 to 436.148.
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) › 58-1998-13 - Chapter 13 (436.2301...436.2303) › Section 436.2303 - Prior Acts or Rights; Rules; Predecessor Commission; Editorial Changes; References to Act.

436.2303 Prior acts or rights; rules; predecessor commission; editorial changes; references to act.
Sec. 1303.
(1) This act does not impair or affect any act done, offense committed or right accruing, accrued or acquired, or penalty, forfeiture or punishment incurred prior to the time this act takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if this act had not been passed.
(2) When the commission is directed or authorized to promulgate rules by this act and rules exist on the date the requirement to promulgate rules takes effect, which rules the commission believes adequately cover the matter, the commission may determine that new rules are not required or may delay the promulgation of new rules until the commission considers it advisable. Those rules promulgated under former act 1933 (Ex Sess) PA 8 and in effect on the effective date of this act shall remain in effect until rescinded or otherwise changed according to law, as provided for in section 31 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.231.
(3) In the case of the commission created pursuant to this act which was preceded by a commission with the same or similar name and functions, members of the predecessor commission shall continue in office for the duration of the terms of office for which they were appointed and with the new members appointed shall constitute the new commission. Members shall be appointed under this act only as terms of the former members expire or vacancies occur. Members of the predecessor commission may be appointed to the new commission to succeed themselves subject to the limits for any total period of service that may be set forth in this act.
(4) It is the intention of the legislature that editorial changes in the language of the statutes recodified in this act not be construed as changes to the meanings of those statutes.
(5) A reference in any other law to the Michigan liquor control act, 1933 (Ex Sess) PA 8, being MCL 436.1 to 436.58, is considered to be a reference to this act.
(6) A reference to a provision in former 1933 (Ex Sess) PA 8 is considered to be a reference to the successor provision in this act. A reference in any application, document, authorization, order, license, or other document issued or provided by the commission or its authorized agent to former 1933 (Ex Sess) PA 8 is considered to be a reference to this act.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › R.S. of 1846 - Revised Statutes of 1846 (438.1 - 438.7) › R-S-1846-438-1-34 - Chapter 34 Chapter 34. of Money of Account, and of the Interest of Money, and on Judgments, Verdicts, Etc. (438.1...438.7) › Section 438.1 - Money of Account.

438.1 Money of account.
Sec. 1.
The money of account of this state, shall be the dollar, cent, and mill; and all accounts in the public offices, and all other public accounts, and all proceedings in courts, shall be kept and had in conformity with this regulation.
History:
R.S. 1846, Ch. 34 ;-- CL 1857, 1312 ;-- CL 1871, 1630 ;-- How. 1592 ;-- CL 1897, 4854 ;-- CL 1915, 5993 ;-- CL 1929, 9235 ;-- CL 1948, 438.1
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › R.S. of 1846 - Revised Statutes of 1846 (438.1 - 438.7) › R-S-1846-438-1-34 - Chapter 34 Chapter 34. of Money of Account, and of the Interest of Money, and on Judgments, Verdicts, Etc. (438.1...438.7) › Section 438.2 - Reduction of Monetary Units to Standard Units.

438.2 Reduction of monetary units to standard units.
Sec. 2.
Nothing contained in the preceding section, shall vitiate or affect any account, charge or entry, originally made, or any note, bond, or other instrument expressed in any other money of account; but the same shall be reduced to dollars and parts of a dollar, as hereinbefore directed, in any suit thereupon.
History:
R.S. 1846, Ch. 34 ;-- CL 1857, 1313 ;-- CL 1871, 1631 ;-- How. 1593 ;-- CL 1897, 4855 ;-- CL 1915, 5994 ;-- CL 1929, 9236 ;-- CL 1948, 438.2
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › R.S. of 1846 - Revised Statutes of 1846 (438.1 - 438.7) › R-S-1846-438-1-34 - Chapter 34 Chapter 34. of Money of Account, and of the Interest of Money, and on Judgments, Verdicts, Etc. (438.1...438.7) › R-S-1846-438-1-34-INTEREST-OF-MONEY. - Interest of Money. (438.5...438.5) › Section 438.5 - Holder in Due Course; Recovery.

438.5 Holder in due course; recovery.
Sec. 5.
In any action brought on any bill of exchange or promissory note payable in money, and to order or bearer, originally given or made for or upon any usurious consideration or contract, if it shall appear that the plaintiff became, in good faith the indorsee or holder of such bill of exchange or promissory note, for a valuable consideration, before the same became due, then and in such case, unless it shall further appear that the plaintiff, at the time of becoming such indorsee or holder, had actual notice that such bill or note was given for or upon a usurious consideration or contract, he shall be entitled to recover thereon, in the same manner, and to the same extent as if such usury had not been alleged and proved.
History:
R.S. 1846, Ch. 34 ;-- CL 1857, 1316 ;-- CL 1871, 1634 ;-- How. 1596 ;-- CL 1897, 4864 ;-- CL 1915, 5995 ;-- CL 1929, 9237 ;-- CL 1948, 438.5
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › R.S. of 1846 - Revised Statutes of 1846 (438.1 - 438.7) › R-S-1846-438-1-34 - Chapter 34 Chapter 34. of Money of Account, and of the Interest of Money, and on Judgments, Verdicts, Etc. (438.1...438.7) › R-S-1846-438-1-34-INTEREST-ON-JUDGMENTS-VERDICTS-ETC. - Interest on Judgments, Verdicts, Etc. (438.7...438.7) › Section 438.7 - Interest on Verdicts.

438.7 Interest on verdicts.
In all actions founded on contracts express or implied, whenever in the execution thereof any amount in money shall be liquidated or ascertained in favor of either party, by verdict, report of referees, award of arbitrators, or by assessment made by the clerk of the court, or by any other mode of assessment according to law, it shall be lawful, unless such verdict, report, award, or assessment shall be set aside, to allow and receive interest upon such amount so ascertained or liquidated, until payment thereof or until judgment shall be thereupon rendered; and in making up and recording such judgment, the interest on such amount shall be added thereto, and included in the judgment.
History:
R.S. 1846, Ch. 34 ;-- CL 1857, 1318 ;-- CL 1871, 1636 ;-- How. 1598 ;-- CL 1897, 4866 ;-- CL 1915, 5996 ;-- CL 1929, 9238 ;-- CL 1948, 438.7
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 326 of 1966 - Interest Rates (438.31 - 438.33) › Section 438.31 - Legal Interest Rate; Scope; Limitation; Construction; Foreign Obligations.

438.31 Legal interest rate; scope; limitation; construction; foreign obligations.
Sec. 1.
The interest of money shall be at the rate of $5.00 upon $100.00 for a year, and at the same rate for a greater or less sum, and for a longer or shorter time, except that in all cases it shall be lawful for the parties to stipulate in writing for the payment of any rate of interest, not exceeding 7% per annum. This act shall not apply to the rate of interest on any note, bond or other evidence of indebtedness issued by any corporation, association or person, the issue and rate of interest of which have been expressly authorized by the public service commission or the securities bureau of the department of commerce, or is regulated by any other law of this state, or of the United States, nor shall it apply to any time price differential which may be charged upon sales of goods or services on credit. This act shall not be construed to repeal section 78 of Act No. 327 of the Public Acts of 1931, as amended, being section 450.78 of the Compiled Laws of 1948. This act shall not render unlawful, the purchase of any note, bond or other evidence of indebtedness theretofore issued by any borrower not then domiciled in this state, which bear any rate of interest which is lawful under the law of the domicile of the borrower at the date of issue thereof, and in such case any such rate of interest may be charged and received by any person, firm, corporation or association in this state.
History:
1966, Act 326, Eff. Mar. 10, 1967 ;-- Am. 1970, Act 227, Imd. Eff. Nov. 25, 1970
Popular Name:
Usury Act
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 326 of 1966 - Interest Rates (438.31 - 438.33) › Section 438.31a - Payment of Reasonable and Necessary Charges in Addition to Interest; Exceptions.

438.31a Payment of reasonable and necessary charges in addition to interest; exceptions.
Sec. 1a.
A state or national bank, except as federal law and regulation provide otherwise, insurance company, or lender approved as a mortgagee under the national housing act, 12 U.S.C. 1701 to 1750g, or regulated by a federal agency, may require a borrower to pay reasonable and necessary charges which are the actual expenses incurred by the lender in connection with the making, closing, disbursing, extending, readjusting, or renewing of a loan. The charges shall be in addition to interest authorized by law, and are not a part of the interest collected or agreed to be paid on the loan within the meaning of a law of this state which limits the rate of interest which may be exacted in a transaction. Reasonable and necessary charges shall consist of recording fees; title examination or title insurance; the preparation of a deed, appraisal, or credit report; plus a loan processing fee. The charges shall be paid only once by the borrower to either the seller of the mortgage or the lender. A charge for inspection required by a local unit of government shall be paid by the seller and shall not be charged to the borrower. This section does not apply to a corporation organized under Act No. 156 of the Public Acts of 1964, as amended, being sections 489.501 to 489.920 of the Michigan Compiled Laws, or a federally chartered savings and loan association.
History:
Add. 1968, Act 266, Imd. Eff. July 1, 1968 ;-- Am. 1969, Act 255, Imd. Eff. Aug. 11, 1969 ;-- Am. 1978, Act 27, Imd. Eff. Feb. 24, 1978
Popular Name:
Usury Act
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 326 of 1966 - Interest Rates (438.31 - 438.33) › Section 438.31b - Loan Settlement Statement.

438.31b Loan settlement statement.
Sec. 1b.
A state or national bank, insurance company, or lender approved as a mortgagee under the national housing act or regulated by a federal agency, shall furnish a loan settlement statement to a borrower upon closing of the loan, indicating in detail the charges the borrower has paid or obligated himself to pay the lender or to any other person in connection with the loan. A copy of the statement shall be retained in the records of the lender. This section does not apply to a corporation organized under Act No. 156 of the Public Acts of 1964, as amended, or a federally chartered savings and loan association.
History:
Add. 1968, Act 266, Imd. Eff. July 1, 1968 ;-- Am. 1969, Act 255, Imd. Eff. Aug. 11, 1969 ;-- Am. 1978, Act 27, Imd. Eff. Feb. 24, 1978
Compiler's Notes:
Act 156 of 1964, referred to in this section, was repealed by Act 307 of 1980.
Popular Name:
Usury Act
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 326 of 1966 - Interest Rates (438.31 - 438.33) › Section 438.31d - Waiver of Defense of Usury by Nonprofit Corporation.

438.31d Waiver of defense of usury by nonprofit corporation.
Sec. 1d.
Notwithstanding the provisions of section 78 of Act No. 327 of the Public Acts of 1931, as amended, being section 450.78 of the Compiled Laws of 1948, a charitable, religious or other nonprofit corporation may waive the defense of usury without regard to the amount borrowed.
History:
Add. 1971, Act 94, Imd. Eff. Aug. 16, 1971
Popular Name:
Usury Act
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 326 of 1966 - Interest Rates (438.31 - 438.33) › Section 438.32 - Violation of Act; Attorney Fees and Court Costs, Recovery.

438.32 Violation of act; attorney fees and court costs, recovery.
Sec. 2.
Any seller or lender or his assigns who enters into any contract or agreement which does not comply with the provisions of this act or charges interest in excess of that allowed by this act is barred from the recovery of any interest, any official fees, delinquency or collection charge, attorney fees or court costs and the borrower or buyer shall be entitled to recover his attorney fees and court costs from the seller, lender or assigns.
History:
1966, Act 326, Eff. Mar. 10, 1967
Popular Name:
Usury Act
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 326 of 1966 - Interest Rates (438.31 - 438.33) › Section 438.33 - Repeal.

438.33 Repeal.
Sec. 3.
Act No. 156 of the Public Acts of 1891, as amended, being sections 438.51 to 438.53 of the Compiled Laws of 1948, is repealed.
History:
1966, Act 326, Eff. Mar. 10, 1967
Popular Name:
Usury Act
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 259 of 1968 - Criminal Usury (438.41 - 438.42) › Section 438.41 - Criminal Usury; Definition; Penalty.

438.41 Criminal usury; definition; penalty.
Sec. 1.
A person is guilty of criminal usury when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding 25% at simple interest per annum or the equivalent rate for a longer or shorter period. Any person guilty of criminal usury may be imprisoned for a term not to exceed 5 years or fined not more than $10,000.00, or both.
History:
1968, Act 259, Eff. Nov. 15, 1968
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 259 of 1968 - Criminal Usury (438.41 - 438.42) › Section 438.42 - Usurious Loan Records; Possession, Penalty.

438.42 Usurious loan records; possession, penalty.
Sec. 2.
A person is guilty of possession of usurious loan records when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article used to record criminally usurious transactions prohibited by this act. Any person guilty of possession of usurious loan records may be imprisoned for a term not to exceed 1 year or fined not more than $1,000.00, or both.
History:
1968, Act 259, Eff. Nov. 15, 1968
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 52 of 1970 - Exemption of Loans to Business Entities From Usury Statute (438.61 - 438.61) › Section 438.61 - “Business Entity” and “Related Entity” Defined; Extension of Credit to Business Entity; Agreement in Writing to Rate of Interest.

438.61 “Business entity” and “related entity” defined; extension of credit to business entity; agreement in writing to rate of interest.
Sec. 1.
(1) As used in this act:
(a) "Business entity" means a corporation, trust, estate, partnership, cooperative, or association or a natural person who furnishes to the extender of the credit a sworn statement in writing specifying the type of business and business purpose for which the proceeds of the loan or other extension of credit will be used. An exemption under this act does not apply if the extender of credit has notice that the person signing the sworn statement was not engaged in the business indicated on the sworn statement.
(b) "Related entity" means a business entity other than a natural person whose members, owners, partners, or limited partners include a state or national chartered bank, a state or federal chartered savings bank, a state or federal chartered savings and loan association, a state or federal chartered credit union, an insurance carrier, or finance subsidiary of a manufacturing corporation.
(2) Notwithstanding Act No. 326 of the Public Acts of 1966, being sections 438.31 to 438.33 of the Michigan Compiled Laws, and Act No. 259 of the Public Acts of 1968, being sections 438.41 to 438.42 of the Michigan Compiled Laws, but subject to any other applicable law of this state or of the United States which regulates the rate of interest, it is lawful in connection with an extension of credit to a business entity by a state or national chartered bank, a state or federal chartered savings bank, a state or federal chartered savings and loan association, a state or federal chartered credit union, insurance carrier, finance subsidiary of a manufacturing corporation, or a related entity for the parties to agree in writing to any rate of interest.
(3) Notwithstanding Act No. 326 of the Public Acts of 1966, it is lawful in connection with an extension of credit to a business entity by any person other than a state or nationally chartered bank, a state or federal chartered savings bank, a state or federal chartered savings and loan association, a state or federal chartered credit union, insurance carrier, finance subsidiary of a manufacturing corporation, or a related entity for the parties to agree in writing to any rate of interest not exceeding the rate allowed under Act No. 259 of the Public Acts of 1968.
History:
1970, Act 52, Imd. Eff. July 10, 1970 ;-- Am. 1978, Act 15, Imd. Eff. Feb. 8, 1978 ;-- Am. 1983, Act 20, Imd. Eff. Mar. 31, 1983 ;-- Am. 1996, Act 501, Imd. Eff. Jan. 9, 1997
2023 Michigan Compiled Laws › Chapter 438 - Money and Interest › Act 11 of 1869 - Interest on Due and Unpaid Interest (438.101 - 438.101) › Section 438.101 - Interest on Due and Unpaid Interest; Rate.

438.101 Interest on due and unpaid interest; rate.
Sec. 1.
That when any installment of interest upon any note, bond, mortgage or other written contract shall have become due and the same shall remain unpaid, interest may be computed and collected on any such installment so due and unpaid, from the time at which it became due at the same rate as specified in any such note bond, mortgage or other written contract, not exceeding 10 per cent and if no rate of interest be specified in such instrument, then at the rate of 7 per centum per annum.
History:
1869, Act 11, Eff. July 5, 1869 ;-- CL 1871, 1637 ;-- How. 1599 ;-- CL 1897, 4859 ;-- CL 1915, 6001 ;-- CL 1929, 9243 ;-- CL 1948, 438.101