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) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1509 - Liquor Licenses; Municipal Civic Center or Civic Auditorium; Conditions and Limitations.

436.1509 Liquor licenses; municipal civic center or civic auditorium; conditions and limitations.
Sec. 509.
(1) The commission may issue, without regard to the quota provisions of section 531, licenses to a commission, board, or authority governing or operating a municipal civic center or civic auditorium or to 1 or more of its concessionaires, or to both, if all of the following apply:
(a) The center or auditorium is within a city or township having a population of not less than 5,500.
(b) The center or auditorium is owned and operated as a municipal enterprise.
(c) The legislative body of the municipality first authorizes the operating authority of the civic center or civic auditorium or its concessionaire to apply to the commission for a license.
(2) Licenses issued under this section are not transferable, must not be issued to an educational institution or for a facility operated in connection with an educational institution, and must authorize the sale of alcoholic liquor only in connection with a scheduled event at the licensed premises.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2018, Act 37, Imd. Eff. Feb. 21, 2018
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1511 - Class “C” or Class “B” Hotel License for Hotel Located Within Mackinac Island State Park; Class “C” License for Certain Concessionaire; License for Sale of Alcoholic Liquor at Presque Isle Harbor Marina; Nontransferability of License.

436.1511 Class “C” or class “B” hotel license for hotel located within Mackinac Island state park; class “C” license for certain concessionaire; license for sale of alcoholic liquor at Presque Isle harbor marina; nontransferability of license.
Sec. 511.
(1) Notwithstanding section 501, the commission may issue the following licenses without regard to the quota provisions of section 531:
(a) With the approval of the Mackinac Island state park commission, not more than 1 class C or class B hotel license for each hotel which is located within the Mackinac Island state park and is owned by the Mackinac Island state park commission and not more than 1 class C license to a concessionaire of the Mackinac Island state park commission who operates a restaurant located within Fort Mackinac.
(b) A license for the sale of alcoholic liquor for consumption on or off the premises at the Presque Isle harbor marina.
(2) A license issued under this section is not transferable as to ownership or location.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998
Compiler's Notes:
For transfer of Mackinac Island state park commission from department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1514 - Hotel and Conference Center Owned and Operated by University; Issuance of Class B Hotel License; Conditions; Limitation; “Hospitality Program” Defined.

436.1514 Hotel and conference center owned and operated by university; issuance of class B hotel license; conditions; limitation; “hospitality program” defined.
Sec. 514.
(1) Notwithstanding section 501 and subject to the quota system under this act, the commission may issue a class B hotel license to a hotel and conference center owned and operated by a university meeting at least all of the following:
(a) Contains a hotel with at least 150 guest rooms.
(b) Has a restaurant seating at least 125 guests that serves a full-menu breakfast, lunch, and dinner.
(c) Has over 30,000 square feet of flexible meeting space.
(d) Is open year-round to provide services to the public and to serve the mission of the hospitality program.
(e) Has a hospitality program providing at least all of the following at the site of the hotel and conference center as part of that program:
(i) Student education classrooms.
(ii) A working hospitality laboratory setting.
(iii) Utilization of rotational interns each semester or equivalent time period.
(2) In public areas of the hotel and conference center, the sale and consumption of alcoholic liquor is limited to table service only unless the public areas are reserved for private functions.
(3) As used in this section, "hospitality program" means a course of academic study that, at a minimum, is a nationally accredited program at baccalaureate and graduate levels in the hospitality business that requires at least 120 semester credits or the equivalent for completion of the baccalaureate degree and that has a teaching and research staff predominated by individuals with at least doctoral degrees.
History:
Add. 2000, Act 166, Imd. Eff. June 20, 2000
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1514a - Hotel and Conference Center Owned and Operated by University; Issuance of Class B Hotel License; Conditions; Limitation; “Hospitality Program” Defined.

436.1514a Hotel and conference center owned and operated by university; issuance of class B hotel license; conditions; limitation; “hospitality program” defined.
Sec. 514a.
(1) Notwithstanding section 501 and subject to the quota system under this act, the commission may issue a class B hotel license to a hotel and conference center owned and operated by a university that holds a class B hotel license issued under section 514 and meets at least all of the following:
(a) Contains a hotel with at least 45 guest rooms.
(b) Has a restaurant seating at least 90 guests that serves a full-menu breakfast, lunch, and dinner.
(c) Has over 13,000 square feet of flexible meeting space.
(d) Is open year-round to provide services to the public and to serve the mission of the hospitality program.
(e) Has a hospitality program providing at least 2 of the following at the site of the hotel and conference center as part of that program:
(i) Student education classrooms.
(ii) A working hospitality laboratory setting.
(iii) Utilization of rotational interns each semester or during the summer.
(2) In public areas of the hotel and conference center, the sale and consumption of alcoholic liquor is limited to table service only unless the public areas are reserved for private functions.
(3) As used in this section, "hospitality program" means a course of academic study that, at a minimum, is a nationally accredited program at baccalaureate and graduate levels in the hospitality business that requires at least 120 semester credits or the equivalent for completion of the baccalaureate degree and that has a teaching and research staff predominated by individuals with at least doctoral degrees.
History:
Add. 2004, Act 194, Imd. Eff. July 8, 2004
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1515 - Class “C” License or Tavern License for Certain Golf Courses; Transfer of License to Another Location Prohibited; Surrender of License.

436.1515 Class “C” license or tavern license for certain golf courses; transfer of license to another location prohibited; surrender of license.
Sec. 515.
(1) The commission may issue in a county with a population of 1,000,000 or more, without regard to the quota provisions of section 531, a class C license for a golf course that is owned by a county, city, village, or township and is open to the public.
(2) The commission may issue in a county with a population of between 500,000 and 700,000, without regard to the quota provisions of section 531, 1 tavern license for a golf course that is owned by a city with a population of over 190,000 but under 300,000 and is open to the public.
(3) The commission shall not transfer a license issued under this section to another location. If a licensee who receives a license under this section goes out of business, the license issued under this section shall be surrendered to the commission.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2004, Act 192, Imd. Eff. July 8, 2004
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1521 - Limitation on Tavern or Class C Licenses; Renewal of License; Conditions; Revocation; Transfer of License; "Development District" Defined.

436.1521 Limitation on tavern or class C licenses; renewal of license; conditions; revocation; transfer of license; "development district" defined.
Sec. 521.
(1) Beginning December 29, 2006, the commission shall not issue a tavern or class C licenses under this section. However, those licenses issued under this section before December 29, 2006 remain valid and may be renewed if in compliance with this section. The commission shall renew licenses issued under this section before December 29, 2006 for persons who operate businesses that meet all of the following conditions:
(a) The business is a full service restaurant, is open to the public, and prepares food on the premises.
(b) The business is open for food service not less than 10 hours per day, 5 days a week.
(c) At least 50% of the gross receipts of the business are derived from the sale of food for consumption on the premises. For purposes of this subdivision, food does not include beer and wine.
(d) The business has dining facilities to seat not less than 25 persons.
(e) The business is located in a development district with a population of not more than 50,000, in which the district, after a public hearing, has found that the issuance of the license would prevent further deterioration within the development district and promote economic growth within the development district.
(2) If in any licensing year the sale of food for consumption on the premises of the business represents less than 50% of the gross receipts for the business, the commission, after due notice and proper hearing, shall revoke the license issued under subsection (1).
(3) A license issued under this section is transferable as to ownership or location only within the development district.
(4) As used in this section, "development district" means any of the following:
(a) An authority district established under part 3 of the recodified tax increment financing act, 2018 PA 57, MCL 125.4301 to 125.4329.
(b) An authority district established under part 4 of the recodified tax increment financing act, 2018 PA 57, MCL 125.4401 to 125.4420.
(c) A downtown district established under part 2 of the recodified tax increment financing act, 2018 PA 57, MCL 125.4201 to 125.4230.
(d) A principal shopping district established under 1961 PA 120, MCL 125.981 to 125.990n, before January 1, 1996.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 1998, Act 282, Imd. Eff. July 27, 1998 ;-- Am. 2006, Act 502, Imd. Eff. Dec. 29, 2006 ;-- Am. 2021, Act 19, Eff. Aug. 23, 2021
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1522 - Banquet Facility Permits.

436.1522 Banquet facility permits.
Sec. 522.
(1) The commission may issue 1 banquet facility permit to an on-premise licensee, as an extension of that on-premise license, for the serving of alcoholic liquor only on the permitted premises. This section does not limit the number of banquet facility permits that the commission may issue within any local unit of government. The banquet facility shall be used only for scheduled functions and events, shall not have regular meal service, and shall not be generally open to the public. The applicant shall provide documentation that demonstrates a preexisting ownership or lease interest in the banquet facility.
(2) The commission shall charge an initial permit issuance fee and, upon renewal of the permit, a permit renewal fee sufficient to cover the cost of administering the issuance and renewal of the permit. The fees shall be $600.00.
(3) The banquet facility permit expires on the same date as the on-premise license and may be renewed in conjunction with that license. The commission shall issue the permit only to a licensee to which the following apply:
(a) The licensee does not have a record of any prior offenses or violations that the commission considers to be of such a nature as to pose a threat to the general public if a permit is issued.
(b) The licensee has demonstrated to the commission that at least 50% of the gross receipts of the on-premise license are derived from the sale of food and nonalcoholic beverages prepared for consumption on the licensed premises.
(4) The licensee shall apply on forms provided by the commission and provide information considered necessary by the commission to protect the public interest and welfare including, but not limited to, a diagram of the premises and evidence that the premises meets local safety, building, and health codes.
(5) The commission shall not issue a banquet facility permit unless issuance is approved through adoption of a resolution of the legislative body of the local unit of government within which the permitted facility is located.
History:
Add. 1998, Act 282, Imd. Eff. July 27, 1998 ;-- Am. 1998, Act 416, Imd. Eff. Dec. 21, 1998
Admin Rule:
R 436.1501 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1526 - Beer Festival; Issuance of Special License; Limitation; Buying Directly From Licensed Brewpub; Showcasing Beer; Serving Age Requirement; "Beer Festival" Defined.

436.1526 Beer festival; issuance of special license; limitation; buying directly from licensed brewpub; showcasing beer; serving age requirement; "beer festival" defined.
Sec. 526.
(1) The commission may issue a special license under this section to an organization conducting a beer festival. The application must conform to the following:
(a) Be submitted by a nonprofit entity composed primarily of brewers, micro brewers, and brewpubs, as determined by the commission.
(b) Involve an event having for its primary purpose the showcasing of beer and its production.
(c) Be accompanied by a fee of $25.00 per day of the event.
(2) The special license must not allow more than 6 events per calendar year conforming to the requirements of subsection (1). For purposes of this subsection, a beer festival that spans 2 or more consecutive days is considered 1 event.
(3) A holder of a special license issued under this section may buy a quantity of beer directly from any licensed brewpub or wholesaler or directly from a micro brewer eligible to self-distribute to the beer festival for consumption only at the licensed event.
(4) Beer that is dispensed to consumers for showcasing beer at a beer festival is considered a sample. A holder of a special license issued under this section may offer beer described in this subsection without consideration.
(5) A member, who is 18 years of age or older, of an organization that holds a special license issued under this section may serve beer at the event.
(6) As used in this section and section 413, "beer festival" means an event at which the various types and kinds of beer and the production of that beer are showcased to the general public and at which the general public can purchase and sample the beer being showcased for consumption on the licensed premises.
History:
Add. 2008, Act 258, Imd. Eff. Aug. 4, 2008 ;-- Am. 2020, Act 111, 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) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1527 - Special License for Nonprofit Charitable Organization; Issuance; Nontransferable; Fee; Auction.

436.1527 Special license for nonprofit charitable organization; issuance; nontransferable; fee; auction.
Sec. 527.
(1) The commission may issue a special license to a nonprofit charitable organization that is exempt from the payment of taxes under the internal revenue code for the purpose of allowing the organization to sell, at auction, wine donated to the organization.
(2) A special license issued pursuant to subsection (1) is not transferable. The organization applying for the special license shall pay the fee required under section 525(1)(r).
(3) An auction permitted under subsection (1) may occur upon premises which are otherwise licensed under this act to allow the sale of alcoholic liquor for consumption on the licensed premises.
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) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1534 - Small Distiller License.

436.1534 Small distiller license.
Sec. 534.
(1) Upon application in a manner acceptable to the commission and payment of the appropriate license fee, the commission shall issue a small distiller license to a person annually manufacturing in this state spirits in an amount not exceeding 60,000 gallons, of all brands combined.
(2) A small distiller may have an approved tasting room and sell at retail in accordance with sections 536 and 537.
(3) This section does not allow the sale of spirits transacted or caused to be transacted by means of any mail order, internet, telephone, computer, device, or other electronic means.
History:
Add. 2008, Act 218, Imd. Eff. July 16, 2008 ;-- Am. 2018, Act 410, Imd. Eff. Dec. 19, 2018
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1535 - Vendor as Authorized to Do Business.

436.1535 Vendor as authorized to do business.
Sec. 535.
A vendor shall be a person authorized to do business under the laws of this state.
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) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1539 - Marina as Specially Designated Merchant or Specially Designated Distributor; License; Conditions.

436.1539 Marina as specially designated merchant or specially designated distributor; license; conditions.
Sec. 539.
A marina that is situated on 1 of the Great Lakes, on that part of an inland waterway or tributary connected to and navigable to 1 of the Great Lakes, or on a Great Lakes connecting waterway may be issued a license as a specially designated merchant or specially designated distributor, notwithstanding the fact that the marina maintains motor vehicle fuel pumps on or adjacent to the licensed premises, or maintains a financial interest in any motor vehicle fuel pumps, if all of the following conditions are met:
(a) The marina's primary business is the sale of boats or the provision of services and supplies to recreational power cruisers and sailboats of the type that typically travel on the Great Lakes.
(b) The fuel pumps are used for dispensing fuel only to boats described in subdivision (a).
(c) The marina is an approved type of business as provided in section 533(1).
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 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) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1545 - "Nonpublic Continuing Care Retirement Center" Defined; License; Limitation.

436.1545 "Nonpublic continuing care retirement center" defined; license; limitation.
Sec. 545.
(1) As used in this act, "nonpublic continuing care retirement center" means a residential community that, as determined by the commission, meets both of the following conditions:
(a) Provides full-time residential housing predominantly for individuals over the age of 62.
(b) Meets 1 of the following conditions:
(i) Is registered as a facility under former 1976 PA 440 or the continuing care community disclosure act, 2014 PA 448, MCL 554.901 to 554.993.
(ii) Is a home for the aged licensed under part 213 of the public health code, 1978 PA 368, MCL 333.21301 to 333.21335.
(2) The commission, on submission of a completed application, shall grant a nonpublic continuing care retirement center license to an applicant complying with this section. Subject to subsection (4), the commission shall not issue more than 25 licenses under this section. If the holder of a license issued under this section goes out of business, the license must be surrendered to the commission. The commission may allow the transfer of a surrendered license to a new business owner on transfer of the owner's interest in the business if the new business owner meets the same condition under subsection (1)(b) as the previous business owner.
(3) The holder of a nonpublic continuing care retirement center license may sell at retail and serve on the licensed premises beer, wine, mixed spirit drink, mixed wine drink, and spirits, for consumption by a resident or the bona fide guests accompanying the resident, only on the licensed premises.
(4) The commission shall not issue more than 20 licenses under this section to facilities described in subsection (1)(b)(i). The commission shall not issue more than 5 licenses under this section to homes for the aged described in subsection (1)(b)(ii).
History:
Add. 2010, Act 213, Imd. Eff. Nov. 17, 2010 ;-- Am. 2016, Act 328, Eff. Mar. 8, 2017
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-5 - Chapter 5 (436.1501...436.1552) › Section 436.1548 - Public Swimming Pool Permit; Fees; Requirements; "Public Swimming Pool" Defined.

436.1548 Public swimming pool permit; fees; requirements; "public swimming pool" defined.
Sec. 548.
(1) The commission may issue an on-premises public swimming pool permit to an on-premises licensee that is licensed to operate a public swimming pool under part 125 of the public health code, 1978 PA 368, MCL 333.12501 to 333.12546. The commission shall charge an initial and an annual fee for an on-premises public swimming pool permit of $350.00. An on-premises public swimming pool permit issued under this section is not transferrable by location.
(2) A holder of an on-premises public swimming pool permit may sell and serve alcoholic liquor in a public swimming pool located on the licensed premises if both of the following conditions are met:
(a) The sales performed under the on-premises public swimming pool permit are made within an exclusive area that is well defined, clearly marked, and not accessible to minors. As an example, and not by way of limitation, an exclusive area is well defined and clearly marked if the exclusive area is delineated by a buoy line. An individual who purchased alcoholic liquor in the exclusive area described in this subdivision may possess alcoholic liquor sold by the holder of the on-premises public swimming pool permit only in the exclusive area and the licensed premises adjacent to the exclusive area.
(b) The sales are conducted by employees of the holder of the on-premises public swimming pool permit who have completed a server training program as provided for in section 906 and the rules promulgated by the commission.
(3) The commission shall develop an application for an annual on-premises public swimming pool permit allowing for licensed activities under this section.
(4) As used in this section, "public swimming pool" means that term as defined in section 12521 of the public health code, 1978 PA 368, MCL 333.12521.
History:
Add. 2022, Act 100, Imd. Eff. June 14, 2022
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1601 - Importation, Sale, Transportation, and Delivery of Beer, Wine, Mixed Spirit Drink, and Mixed Wine Drink for Sale by Wholesaler; Requirements; Commission Authority to Inspect and Seize or Destroy.

436.1601 Importation, sale, transportation, and delivery of beer, wine, mixed spirit drink, and mixed wine drink for sale by wholesaler; requirements; commission authority to inspect and seize or destroy.
Sec. 601.
(1) Pursuant to section 2 of Amendment XXI of the Constitution of the United States, this state has an interest in ensuring the safety of beer, wine, mixed spirit drink, and mixed wine drink that is intended to be sold or is sold by wholesalers to retailers for purposes of human consumption. In order to protect the public health and safety, the commission must be able to inspect and seize beer, wine, mixed spirit drink, and mixed wine drink that is in the possession of a wholesaler being offered for sale in this state. The purpose of the inspection described in this subsection is to ensure that the beer, wine, mixed spirit drink, or mixed wine drink meets all of the following conditions:
(a) The beer, wine, mixed spirit drink, or mixed wine drink has been registered for sale with the commission.
(b) The beer, wine, mixed spirit drink, or mixed wine drink is not subject to a government mandated or supplier initiated recall.
(c) The beer, wine, mixed spirit drink, or mixed wine drink is not counterfeit.
(d) The beer, wine, mixed spirit drink, or mixed wine drink is labeled in conformance with applicable laws, rules, and regulations.
(e) The beer, wine, mixed spirit drink, or mixed wine drink can be tested by the commission or an agent assigned by the commission.
(f) The beer, wine, mixed spirit drink, or mixed wine drink is not prohibited by this state.
(2) The commission may seize or destroy beer, wine, mixed spirit drink, and mixed wine drink that does not meet the conditions of subsection (1).
(3) To enable the commission to carry out the functions described in subsections (1) and (2) and to randomly inspect records required to be maintained by a wholesaler under section 217 and R 436.1641 of the Michigan Administrative Code, a wholesaler or an applicant for a wholesaler license must have a warehouse located in this state and licensed by the commission for the storage, sale, and distribution of beer, wine, mixed spirit drink, and mixed wine drink before operating as a wholesaler in this state. This subsection does not require a wholesaler to hold a warehouser license for the wholesaler's licensed premises.
(4) To ensure that all beer, wine, mixed spirit drink, and mixed wine drink sold in this state is subject to this section, the importation, sale, transportation, and delivery of all beer, wine, mixed spirit drink, and mixed wine drink offered for sale by a wholesaler must meet the requirements of section 204.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2019, Act 125, Imd. Eff. Nov. 21, 2019
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 436.1602 - Termination, Cancellation, Nonrenewal, or Discontinuation of Agreement; Voidance.

436.1602 Termination, cancellation, nonrenewal, or discontinuation of agreement; voidance.
Sec. 602.
A manufacturer's termination, cancellation, nonrenewal, or discontinuation of an agreement with a wholesaler as allowed under sections 305(13) and 403(13), as applicable, is void if the manufacturer sells the brand or brands of beer or wine, as applicable, subject to the termination, cancellation, nonrenewal, or discontinuation to a wholesaler or retailer within this state before the expiration of 24 months after the effective date of the written notice provided to a wholesaler as required under section 305(13) or 403(13), as applicable.
History:
Add. 2020, Act 116, 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) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1607 - Eligibility for License as Specially Designated Merchant or Specially Designated Distributor; Prohibitions; Small Distiller; Wine Maker and Small Wine Maker; Brewer as Specially Designated Merchant; Brewery Hospitality Room; Sales or Deliveries by Wholesaler.

436.1607 Eligibility for license as specially designated merchant or specially designated distributor; prohibitions; small distiller; wine maker and small wine maker; brewer as specially designated merchant; brewery hospitality room; sales or deliveries by wholesaler.
Sec. 607.
(1) Except as provided in section 536(7)(h), a warehouser, mixed spirit drink manufacturer, wholesaler, outstate seller of beer, outstate seller of wine, outstate seller of mixed spirit drink, or vendor of spirits shall not be licensed as a specially designated merchant or a specially designated distributor. A person licensed as a small distiller is not considered to be a specially designated distributor. Beginning December 23, 2007 and in addition to the persons described in this subsection, a wine maker and a small wine maker shall also not be licensed as a specially designated merchant or a specially designated distributor. Any wine maker or small wine maker holding a specially designated merchant or specially designated distributor license on December 23, 2007 may continue to hold a specially designated merchant or specially designated distributor license.
(2) A specially designated distributor or specially designated merchant or any other retailer shall not hold a mixed spirit drink manufacturer, wholesale, warehouse, outstate seller of beer, outstate seller of mixed spirit drink, or outstate seller of wine license. Beginning December 23, 2007, a specially designated distributor or specially designated merchant shall not hold a wine maker or small wine maker license in addition to being prohibited from holding any other license described in this subsection. Any specially designated distributor or specially designated merchant holding a wine maker or small wine maker license on December 23, 2007 may continue to hold a wine maker or small wine maker license.
(3) A brewer, warehouser, or wholesaler shall not be licensed as a specially designated merchant. This subsection does not affect the operation of a brewery hospitality room.
(4) A wholesaler may sell or deliver beer and alcoholic liquor to hospitals, military establishments, governments of federal Indian reservations, and churches requiring sacramental wines and may sell to the wholesaler's own employees to a limit of 2 cases of 24 12-ounce units or its equivalent of malt beverage per week, or 1 case of 12 1-liter units or its equivalent of wine or mixed spirit drink per week.
History:
1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2005, Act 269, Imd. Eff. Dec. 16, 2005 ;-- Am. 2008, Act 218, Imd. Eff. July 16, 2008 ;-- Am. 2018, Act 417, Imd. Eff. Dec. 19, 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 436.1609b - Expenditure Records for Each Call on Retail Licensee; Drink Purchase for Promotional Purposes; Limitation.

436.1609b Expenditure records for each call on retail licensee; drink purchase for promotional purposes; limitation.
Sec. 609b.
(1) A vendor representative and salesperson of a vendor of spirits, manufacturer of beer, manufacturer of wine, outstate seller of beer, outstate seller of wine, or wholesaler shall maintain accurate records of expenditures for each call on a retail licensee. The records must be maintained for 4 years and must be made available for commission inspection.
(2) A vendor representative or salesperson of spirits or wine, for promotional purposes, may purchase 1 drink for each customer of an on-premises licensee. A drink purchased under this subsection must be of the brand represented by the vendor representative or salesperson.
(3) A vendor representative or salesperson of a manufacturer of beer, a wholesaler of beer, or an outstate seller of beer, for promotional purposes, may purchase 1 drink for each customer of an on-premises retail licensee subject to a total spending limit of $100.00 per day. A drink purchased under this subsection must be of the brand represented by the vendor representative or salesperson.
(4) A vendor representative or salesperson of a manufacturer of beer, a wholesaler of beer, or an outstate seller of beer shall not purchase a drink under subsection (3) more than twice per month at the same on-premises retail licensed location.
(5) A licensee employed to deliver alcoholic liquor shall not purchase a drink of alcoholic liquor for a retail licensee while on duty or in the course of employment.
History:
Add. 2016, Act 81, Imd. Eff. Apr. 12, 2016
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1609c - Beer, Wine, or Mixed Spirit Drink; Refund or Replacement; Reasons.

436.1609c Beer, wine, or mixed spirit drink; refund or replacement; reasons.
Sec. 609c.
(1) A manufacturer that sells direct to a retailer as provided under section 203a or a wholesaler may refund to a retailer the amount the retailer paid for beer, wine, or mixed spirit drink, as applicable, or a manufacturer that sells direct to a retailer as provided under section 203a or a wholesaler may replace that beer, wine, or mixed spirit drink for any of the following reasons:
(a) The beer, wine, or mixed spirit drink is outdated.
(b) The beer, wine, or mixed spirit drink is defective.
(c) An error in the beer, wine, or mixed spirit drink delivered.
(d) The beer, wine, or mixed spirit drink may no longer be lawfully sold.
(e) The termination of the retailer's business.
(f) The formula, proof, label, or container of the beer, wine, or mixed spirit drink is changed.
(g) The beer, wine, or mixed spirit drink is discontinued.
(h) The retailer is only open a portion of the year and the beer, wine, or mixed spirit drink is likely to spoil during the off-season.
(2) If beer is within 30 days of its out-of-date code, a manufacturer that sells direct to a retailer as provided under section 203a or a wholesaler may refund to a retailer the amount the retailer paid for the beer.
(3) A manufacturer that sells direct to a retailer as provided under section 203a or a wholesaler may only issue a refund or replacement under this section for beer, wine, or mixed spirit drink that the manufacturer or wholesaler sold to the retailer.
(4) Beginning March 1, 2020, a manufacturer may refund to a wholesaler up to the amount the wholesaler paid for beer, wine, or mixed spirit drink, as applicable, or a manufacturer may replace that beer, wine, or mixed spirit drink for either of the following reasons:
(a) The wholesaler purchased the beer, wine, or mixed spirit drink from the manufacturer and the wholesaler refunded to the retailer the amount the retailer paid for that beer, wine, or mixed spirit drink or replaced that beer, wine, or mixed spirit drink under subsection (1) or (2).
(b) The beer, wine, or mixed spirit drink that the wholesaler purchased from the manufacturer has gone out of date while in possession of the wholesaler.
History:
Add. 2017, Act 130, Eff. Jan. 15, 2018 ;-- Am. 2020, Act 108, Imd. Eff. July 1, 2020 ;-- Am. 2020, Act 126, Imd. Eff. July 1, 2020 ;-- Am. 2022, Act 225, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1609d - Specially Designated Distributor; Refund to Special Licensee for Unopened Bottles.

436.1609d Specially designated distributor; refund to special licensee for unopened bottles.
Sec. 609d.
A specially designated distributor that sells spirits to a special licensee that is authorized by the commission to sell spirits may refund the special licensee for the return of an unopened bottle in the same amount that the special licensee paid for the spirits, less any of the specially designated distributor's credit card transaction fees incurred from the sale, if the bottle is without damage to the exterior that would prevent the salability of the bottle.
History:
Add. 2020, Act 26, Imd. Eff. Feb. 4, 2020
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1609e - Providing of Brand Logoed Tent or Trailer or Temporary Platform to Special Licensee.

436.1609e Providing of brand logoed tent or trailer or temporary platform to special licensee.
Sec. 609e.
Notwithstanding section 609, a vendor of spirits may provide a special licensee with any of the following:
(a) A brand logoed tent for use by the special licensee during the effective period of the special license.
(b) A brand logoed temporary platform for use by the special licensee during the effective period of the special license. As used in this subdivision, "temporary platform" means a preestablished platform that is exclusively used to serve, dispense, or mix drinks upon, including any refrigeration equipment or mixing equipment.
(c) A brand logoed trailer for use by the special licensee during the effective period of the special license.
History:
Add. 2020, Act 25, Imd. Eff. Feb. 4, 2020
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1609f - Provision of Technology to Assist in Sales, Marketing, Delivery, Merchandising, or Training; Requirements.

436.1609f Provision of technology to assist in sales, marketing, delivery, merchandising, or training; requirements.
Sec. 609f.
(1) Notwithstanding section 609, a manufacturer, outstate seller of beer, outstate seller of wine, or outstate seller of mixed spirit drink may provide a wholesaler with technology to assist in sales, marketing, delivery, merchandising, or training.
(2) A manufacturer, outstate seller of beer, outstate seller of wine, or outstate seller of mixed spirit drink that provides technology to a wholesaler under subsection (1) shall do both of the following:
(a) Comply with this act, including, but not limited to, section 608, and the rules promulgated under this act.
(b) Obtain approval by written order of the commission authorizing the technology before it is provided to a wholesaler.
History:
Add. 2022, Act 227, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1609g - Sale of Nonalcoholic Products to Retailer; Applicability of Act.

436.1609g Sale of nonalcoholic products to retailer; applicability of act.
Sec. 609g.
(1) If a wholesaler sells nonalcoholic products to a retailer, this act does not apply to the sale, marketing, merchandising, or distribution of the nonalcoholic products except the following:
(a) The wholesaler shall comply with section 609.
(b) The wholesaler shall not do either of the following:
(i) Provide free nonalcoholic products to a retailer.
(ii) Provide credit to a retailer.
(2) If a wholesaler separately owns or has a direct or indirect financial interest in a company that sells nonalcoholic products, this act does not apply to the company that sells nonalcoholic products if all of the following conditions are met:
(a) The company that sells nonalcoholic products is not a wholesaler.
(b) The company that sells nonalcoholic products and the wholesaler have separate sales and delivery employees.
(c) The company that sells nonalcoholic products and the wholesaler use separate delivery vehicles.
(d) The company that sells nonalcoholic products and the wholesaler keep separate finances.
(e) The company that sells nonalcoholic products does not engage in an activity on behalf of the wholesaler that would violate section 609.
(3) If a wholesaler separately owns or has a direct or indirect financial interest in a company that sells nonalcoholic products, the wholesaler and the company that sells nonalcoholic products may do all of the following:
(a) Share human resources departments.
(b) Have a joint payroll.
(c) Lease warehouse space to each other.
(d) Have joint vehicle maintenance.
(e) Jointly recycle beverage containers.
(f) Share warehouse employees and equipment.
History:
Add. 2022, Act 225, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1609h - Electronic Rebate Coupons.

436.1609h Electronic rebate coupons.
Sec. 609h.
A manufacturer or supplier may offer electronic rebate coupons directly to a retail customer after the retail customer purchases alcoholic liquor from a retailer. An electronic rebate coupon issued under this section must comply with all the following:
(a) A manufacturer or supplier shall only issue coupons that state a specific expiration date and specific cash refund value on the coupons. The refund may be paid by cash, by check, by debit card, through electronic funds transfer to a bank account, or through an internet or mobile payment account.
(b) A manufacturer or supplier shall not issue coupons that make any alcoholic liquor free.
(c) A manufacturer or supplier may issue coupons that can be applied to more than 1 specific product sold by that manufacturer or supplier but must state the manufacturer or supplier to which they apply.
(d) A manufacturer or supplier shall issue coupons that require the retail customer to purchase at least 1 product of alcoholic liquor to redeem a coupon. A manufacturer or supplier may issue coupons that require the retail customer to purchase 2 or more alcoholic liquor products from the same manufacturer or supplier to redeem the coupon.
(e) A manufacturer or supplier may issue coupons that require the purchase of a product other than alcoholic liquor.
(f) A wholesaler shall not pay for or participate in the offering of coupons except for providing signs that promote the electronic rebate coupon in accordance with section 610a.
(g) A manufacturer shall only issue coupons that may be redeemable after a purchase of alcoholic liquor at all retail locations where that alcoholic liquor is sold.
History:
Add. 2022, Act 225, Imd. Eff. Oct. 14, 2022 ;-- Am. 2023, Act 183, Imd. Eff. Nov. 7, 2023
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 436.1609i - Commercially Reasonable Effort Requirements to Meet Demands.

436.1609i Commercially reasonable effort requirements to meet demands.
Sec. 609i.
If demands exceed supply for a beer, wine, mixed wine drink, or mixed spirit drink product, a manufacturer, supplier, or wholesaler must do both of the following:
(a) Engage in commercially reasonable efforts to make the beer, wine, mixed wine drink, or mixed spirit drink product available to purchase by a wholesaler that places an order.
(b) Engage in commercially reasonable efforts to make the beer, wine, mixed wine drink, or mixed spirit drink product available to purchase by a retailer that places the order.
History:
Add. 2022, Act 225, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1609j - Recall or Removal of Beer, Wine, or Mixed Spirit Drink Products; Notification Requirements; Destruction and Reimbursement.

436.1609j Recall or removal of beer, wine, or mixed spirit drink products; notification requirements; destruction and reimbursement.
Sec. 609j.
(1) If a manufacturer recalls a beer, wine, or mixed spirit drink product or determines that it is necessary for a wholesaler to remove a beer, wine, or mixed spirit drink product from a sales territory, the manufacturer shall notify the commission and the affected wholesaler within 2 business days after the recall or determination.
(2) If a manufacturer recalls a beer, wine, or mixed spirit drink product or determines that it is necessary for a wholesaler to remove a beer, wine, or mixed spirit drink product from a sales territory, the manufacturer shall, within 7 business days after the recall or determination, notify the commission of all of the following:
(a) The products recalled or determined to be removed and the number of cases of each product.
(b) The reason why each product was recalled or determined to be removed.
(c) The location where the affected product was manufactured.
(d) The areas of this state that are affected by the recall or determined removal.
(3) If a manufacturer recalls a beer, wine, or mixed spirit drink product or determines that it is necessary for a wholesaler to remove a beer, wine, or mixed spirit drink product from a sales territory, the affected wholesaler shall, within 7 business days after the recall or determination, notify the commission when the removal and destruction of the affected product began and the expected completion date.
(4) The wholesaler shall notify the commission on the completion and destruction of an affected product described in subsection (3).
(5) If the affected wholesaler removes and destroys an affected product under subsection (3), the manufacturer shall reimburse the wholesaler for all costs reasonably associated with removal and destruction of the affected product within 30 days after the affected product is removed and destroyed.
History:
Add. 2022, Act 225, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 436 - Alcoholic Beverages › Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303) › 58-1998-6 - Chapter 6 (436.1601...436.1611) › Section 436.1610a - Promotion of Brands and Prices of Alcoholic Liquor; Signs; Requirements.

436.1610a Promotion of brands and prices of alcoholic liquor; signs; requirements.
Sec. 610a.
(1) Subject to subsection (2), a manufacturer, mixed spirit drink manufacturer, warehouser, wholesaler, outstate seller of beer, outstate seller of mixed spirit drink, or vendor of spirits may provide to a retailer signs that promote the brands and prices of alcoholic liquor, including special event pricing.
(2) All of the following apply to a sign allowed under subsection (1):
(a) The sign must not be illuminated.
(b) The sign must not have any use beyond the actual advertising of brands, prices, and events related to the alcoholic liquor.
(c) The sign must not include the name of the retailer.
(d) For a sign that is located inside the retailer's licensed premises, the sign must not be more than 3,500 square inches in dimension.
(3) A retailer may use an illuminated sign to promote the brand but not the price of alcoholic liquor. A manufacturer, mixed spirit drink manufacturer, warehouser, wholesaler, outstate seller of beer, outstate seller of wine, outstate seller of mixed spirit drink, or vendor of spirits shall not provide to a retailer a sign described in this subsection.
(4) The signs allowed under this section are in addition to the advertising items that a manufacturer, mixed spirit drink manufacturer, warehouser, wholesaler, outstate seller of beer, outstate seller of wine, outstate seller of mixed spirit drink, or vendor of spirits may provide another licensee under section 609(2).
History:
Add. 2017, Act 131, Eff. Jan. 15, 2018