Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1001 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means 1998 P.A. 58,
				MCL
				436.1101 to
				436.2203.
(b) "Broker" means a person, other than an
				individual, that is licensed by the commission and that is employed or
				otherwise retained by any of the following entities to sell, promote, or
				otherwise assist in the sale or promotion of alcoholic liquor:
(i) A manufacturer.
(ii) A vendor of spirits.
(iii) An outstate seller of beer.
(iv) An outstate seller of wine.
(v) An outstate seller of mixed spirit
				drink.
(vi) A manufacturer of mixed
				spirit drink.
(vii) A
				wholesaler.
(c)
				"Co-licensee" means 1 of 2 or more persons whose names appear on any single
				license issued by the commission, except for a person whose name appears on the
				license in a fiduciary capacity. All co-licensees on a single license are
				considered a partnership for purposes of the act and these rules.
(d) "Cooperative advertising" means a joint
				effort between licensees or vendors of spirits to advertise alcoholic
				liquor.
(e) "Department store"
				means a retail store that has all of the following:
(i) More than 15,000 square feet.
(ii) A minimum of 4 separate and distinct
				major departments that include at least 1 of the stores listed in
				R 436.1129(1)(a) to
				(g).
(iii) A minimum inventory of $250,000.00, at
				cost.
(f) "Drive-in" or
				"drive-through" means an establishment that allows the sale of alcoholic liquor
				to a retail customer through a service window or similar aperture without
				requiring the retail customer to exit his or her vehicle to make the purchase
				and includes an establishment that allows the retail customer to drive in or
				through any enclosed building or structure and make a purchase of alcoholic
				liquor without requiring the retail customer to exit his or her
				vehicle.
(g) "Drive-up or walk-up
				window" means a service window, door, or other aperture through which a
				customer may purchase merchandise without that customer entering the licensed
				premises.
(h) "Driver helper" means
				a person who is not less than 18 years of age and who accompanies and assists,
				and who may only accompany and assist, a licensed salesperson in delivering
				alcoholic liquor to a retail licensee.
(i) "Licensed premises" means any portion of
				a building, structure, room, or enclosure on real estate that is owned, leased,
				used, controlled, or operated by a licensee in the conduct of the business at
				the location for which the licensee is licensed by the commission, except when
				otherwise specified by commission rule or written commission order.
(j) "Licensee" means the person to whom a
				license is issued by the commission to manufacture, sell, import, warehouse,
				deliver, or promote, or otherwise assist in the sale of, alcoholic
				liquor.
(k) "Major thoroughfare"
				means a street or highway which is primarily for through traffic and which has
				not less than 4 lanes of traffic, excluding any lanes that are used primarily
				for turning purposes and any lanes in which parking is allowed at any
				time.
(l) "Neighborhood shopping
				center" means 1 commercial establishment, or a group of commercial
				establishments organized or operated as a unit, which is related in location,
				size, and type of shop to the trade area that the unit serves and which
				consists of not less than 50,000 square feet of leasable retail space and has
				access to off-street parking spaces.
(m) "Off-premises licensee" means a person
				who is licensed by the commission to sell alcoholic liquor at retail for
				consumption off the licensed premises.
(n) "On-premises licensee" means a person who
				is licensed by the commission to sell alcoholic liquor at retail for
				consumption on the licensed premises.
(o) "Permit" means a contract between the
				commission and a licensee granting authority to the licensee to perform the
				functions defined in the act or commission rules for a specific
				permit.
(p) "Privately held
				corporation" means a corporation that does not trade its stock on a stock
				exchange or in over-the-counter transactions. A subsidiary of a corporation
				that trades its stock on a stock exchange or in over-the-counter transactions
				is not a privately held corporation.
(q) "Public room" means a room that is open
				for use by the general public for eating, drinking, or amusement. "Public room"
				does not mean any of the following:
(i) A
				restroom.
(ii) A kitchen.
(iii) A storage room.
(iv) An office.
(v) A boiler room.
(vi) A hallway.
(vii) A landing.
(viii) A stairway.
(ix) An elevator.
(x) A dance floor.
(xi) A stage.
(xii) An area similar to the areas specified
				in this subdivision.
(r)
				"Release" means a document in which written permission is granted by the
				commission to ship alcoholic liquor into this state.
(s) "Salesperson" means a person who is
				employed by any of the following entities and who is licensed by the commission
				to sell, deliver, or promote, or otherwise assist in the sale of, alcoholic
				liquor in this state:
(i) A vendor of
				spirits.
(ii) A broker.
(iii) A manufacturer of beer or
				wine.
(iv) An outstate seller of
				beer or wine.
(v) A
				wholesaler.
(t) "Sample
				of alcoholic liquor" means a container that bears the word "sample" and is not
				more than 1.75 liters or 59.17 United States fluid ounces. If a product is not
				available in a container of 1.75 liters or less, then the next larger size may
				be substituted. However, a container shall not be more than 3 liters.
(u) "Sports/entertainment venue" means a
				facility that is licensed to sell alcoholic liquor for on-premises consumption,
				has a seating capacity of 4,500 or more, is primarily used for sporting events
				or other entertainment, and is not located on the campus of a 2- or 4-year
				college or university.
(v)
				"Temporary bin display" means a freestanding device that is constructed of any
				material that is used for the exhibition of beer, wine, or spirits on the
				premises of a retail licensee who is licensed for off-premises sales only and
				that must be removed from the retail licensed premises not later than 120 days
				after installation.
(w) "Vendor
				representative" means a person who is licensed by the commission and who is
				authorized by a manufacturer of beer or wine, an outstate seller of beer or
				wine, or a vendor of spirits to represent the respective employer or principal
				in transactions with the commission.