reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › On-Premises Licenses › Section R. 436.1438 - Sale of unlimited quantity of alcoholic liquor at specific price

Current through Vol. 24-12, July 15, 2024
Rule 38.
(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.
(2) No licensee shall sell, offer to sell, or
				advertise the sale of, 2 or more identical drinks containing alcoholic liquor
				to a person for that person's consumption for 1 price. When 2 or more identical
				drinks containing alcoholic liquor are served to a person at 1 time, the price
				charged for the second and each additional identical drink shall be the same as
				the price charged for the first drink.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1503 - Hours and days of operation

Current through Vol. 24-12, July 15, 2024
Rule 3. An off-premises licensee shall not sell, give away,
				  deliver, or furnish alcoholic liquor between the hours of 2 a.m. and 7 a.m. on
				  any day or between the hours of 2 a.m. and 12 noon on Sunday and shall not
				  sell, give away, deliver, or furnish spirits between the hours of 2 a.m. and 12
				  midnight on Sunday, unless issued a Sunday sales permit by the commission which
				  allows the licensee to sell spirits on Sunday between the hours of 12 noon and
				  12 midnight.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1507 - Stock of liquor

Current through Vol. 24-12, July 15, 2024
Rule 7. An off-premises licensee who is licensed to sell
				  spirits shall carry a representative stock of all types of alcoholic liquor
				  sold by the commission, which may be set by written order of the commission,
				  and shall maintain a dollar amount of inventory of spirits, which may be set by
				  written order of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1511 - Open containers on licensed premises prohibited; exception; consumption of liquor on licensed premises prohibited; exception

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) An
				off-premises licensee who is not licensed as an on-premises licensee shall not
				have any open containers of alcoholic liquor on the licensed premises, except
				for the following:
(a) A defective or sample
				bottle or can.
(b) A returnable
				container returned by a customer of the off-premises licensee for a refund of
				the deposit on the container.
(c) A
				bottle or can containing alcoholic liquor to be used in the preparation of
				bakery or deli items by the employees of the off-premises licensee who also
				holds a Michigan department of agriculture food establishment license, if all
				of the following conditions are met:
(i) The
				alcoholic liquor is used exclusively in the preparation of food products that
				are cooked or baked before consumption and, at the point of consumption, have
				an alcoholic content of less than 1/2 of 1%.
(ii) The bottle or can is resealed and stored
				in a locked, separate storage compartment within the food preparation area when
				the contents are not being used in food preparation.
(iii) The off-premises licensee maintains a
				clearly defined food preparation area on the licensed premises of not less than
				500 square feet.
(iv) The
				off-premises licensee has obtained the approval of the commission for the use
				of alcoholic liquor in the preparation of food on the licensed
				premises.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1515 - Sale and delivery of alcoholic liquor

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) An
				off-premises licensee who is licensed to sell beer and wine shall not take
				orders for the sale of beer or wine and have the delivery of the beer or wine
				made to the retail customer by a wholesaler, manufacturer of beer or wine, an
				outstate seller of beer or wine, or their licensed representatives or
				salesperson, without the prior written approval of the commission.
(2) An off-premises licensee who is licensed
				to sell spirits shall not knowingly allow the delivery of spirits to a retail
				customer by a licensed representative or salesperson, unless the licensed
				representative or salesperson is acting on behalf of the retail
				customer.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1517 - Type of business; change; approval

Current through Vol. 24-12, July 15, 2024
Rule 17. An off-premises licensee shall not change the nature
				  of business for which the license was issued by the commission without
				  obtaining the prior written approval of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1519 - Soliciting, accepting, or receiving rebates, refunds, or adjustments from a person other than the commission for broken or defective containers prohibited

Current through Vol. 24-12, July 15, 2024
Rule 19. An off-premises licensee who is licensed to sell
				  spirits shall not solicit, accept, or receive rebates, refunds, or adjustments
				  for any broken or defective spirit containers, or case of containers, from a
				  person other than the commission or an agent or employee of the
				  commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1523 - Allowing consumption on licensee's property adjacent to licensed premises prohibited

Current through Vol. 24-12, July 15, 2024
Rule 23. An off-premises licensee shall not knowingly allow a
				  person to consume alcoholic liquor on property which is owned, leased, or
				  possessed by the licensee and which is adjacent to the licensed
				  premises.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1525 - Sale by club licensee of liquor to nonmember prohibited

Current through Vol. 24-12, July 15, 2024
Rule 25. A club licensee who is also licensed with an
				  off-premises license shall not sell alcoholic liquor to a
				  nonmember.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1527 - Delivery of liquor to person under 21 years of age prohibited; requirements for delivery of liquor to persons of legal age

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) A
				licensee authorized to sell alcoholic liquor for consumption off the premises
				shall not make a delivery of alcoholic liquor to any person unless that person
				is 21 years of age.
(2) A licensee
				authorized to sell alcoholic liquor for consumption off the premises who takes
				an order for alcoholic liquor from a purchaser for delivery to an individual or
				business at an address other than that of the person making the purchase may
				deliver or have delivered that alcoholic liquor to the residential or business
				address indicated by the purchaser making the order provided the individual
				accepting delivery of the alcoholic liquor is 21 years of age or older and the
				person making the delivery of the alcoholic liquor verifies that the individual
				accepting the delivery is 21 years of age or older.
(3) A licensee making a sale and delivery of
				alcoholic liquor under the provisions of this rule and/or the person making the
				delivery of the alcoholic liquor shall maintain proof for inspection by the
				commission of the documents used to determine the age of the individual to whom
				the alcoholic liquor was delivered.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1529 - Sale of spirits at a uniform price

Current through Vol. 24-12, July 15, 2024
Rule 29. An off-premises licensee who is licensed to sell
				  spirits shall not sell spirits at a price other than the selling price
				  established by the commission, which shall include all taxes collected by the
				  commission at the time of sale to the off-premises licensee and the state sales
				  tax.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1531 - Return of alcoholic liquor product

Current through Vol. 24-12, July 15, 2024
Rule 31. An off-premises licensee may accept from a customer,
				  for a cash refund or exchange, an alcoholic liquor product purchased by the
				  customer from the off-premises licensee if the product is demonstrably spoiled
				  or contaminated or the container damaged to the extent that the contents would
				  likely be of an unsanitary nature or unfit for consumption and if the returned
				  product is not resold and is removed from the licensed premises as soon as
				  practicable, but not more than 14 days after its return.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Off-Premises Licenses › Section R. 436.1533 - Off-premises server training; requirements

Current through Vol. 24-12, July 15, 2024
Rule 33.
(1) As used
				in this rule, all terms and phrases shall have the same meaning as defined in
				Section 906(1) of the act.
(2) The
				commission shall approve the establishment of an off-premises server training
				program designed for off-premises licensees. The commission may adopt the
				existing standards and programmatic framework of private entities and may
				delegate nondiscretionary administrative functions to outside private
				entities.
(3) A person may apply to
				the commission for qualification as an administrator for the offering of an
				off-premises server training program and instructor certification classes. Upon
				approval by the commission of an off-premises server training program, the
				commission shall appoint the person sponsoring the server training program as
				an administrator of that program.
(4) The commission shall issue an instructor
				certification to an individual presenting evidence acceptable to the commission
				of having successfully completed instructor certification classes and shall
				issue an identification card indicating that certification by the
				commission.
(5) The commission
				shall approve a curriculum for a server training program presented by a
				certified instructor in a manner considered by the commission to be adequate
				that includes, but is not limited to, all of the following topics:
(a) Identification of the visible signs
				associated with intoxication.
(b)
				Implementation of intervention procedures and maintaining incident
				reports.
(c) The understanding of
				acceptable forms of personal identification, techniques for determining the
				validity of identification, and procedures for dealing with fraudulent
				identification.
(d) Assessment of
				the need to ask for identification based on appearance or company
				policy.
(e) The identification of
				potential second-party sales and furnishing of alcoholic liquor to minors by
				persons 21 years of age or over.
(f) The understanding of Michigan laws
				pertaining to minors attempting to purchase and second-party sales or
				furnishing of alcoholic liquor from adults to minors.
(g) The understanding of possible legal,
				civil, and administrative consequences of violations of this act, the rules of
				the commission, and other pertinent state laws.
(h) Knowledge of the legal hours of alcohol
				sales.
(i) Any other pertinent laws
				as determined by the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1609 - Outstate sellers of beer

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A person
				shall be the holder of the required basic permit or brewers notice, or both,
				and be a brewer or outstate seller of beer doing business under an approved
				basic permit, brewer's notice, or both, issued under the federal alcohol
				administration act of 1935,
				27
				U.S.C. §
										201 et seq. and the regulations
				under this act, being 27 C.F.R., part 1, subpart C, §§ 1.20 to 1.59
				and part 25, subpart G, §§ 25.61 to 25.85(2014) before being issued
				an outstate seller of beer license
,
brewer license, micro brewer
				license, or brewpub license. The provisions of 27 C . F . R ., part 1, subpart
				C, §§ 1.20 to 1.59 and part 25, subpart G, §§ 25.61 to
				25.85(2014) are adopted by reference in these rules. Copies of the adopted
				provisions may be obtained from the Superintendent of Documents, United States
				Government Printing Office (GPO), Washington, D.C. 20402 or from the gpo
				website at
https://bookstore.gpo.gov/
at a cost
				of $37.00 each as of the time of adoption of these rules, of free of charge
				from the gpo website at https://www.gpo.gov/. Copies of these provisions may
				also be obtained from the Liquor Control Commission, Department of Licensing
				and Regulatory Affairs, 525 W. Allegan, P.O. Box 30005, Lansing, Michigan
				48909, a cost of $43.00 each as of the time of adoption of these
				rules.
(2) The commission may issue
				an outstate seller of beer license to the following entities pursuant to these
				rules and the act:
(a) A person located in
				the United States who imports and sells in this state beer made in a foreign
				country
.
(b) A
				manufacturer located outside this state, but in the United States, that
				manufactures and packages its own beer.
(c) A person located in the United States who
				purchases beer from a manufacturer of beer located outside of this state, but
				in the United States, if the amount of beer imported into this state by that
				person is 5,000 barrels or less per calendar year. In addition, a person who is
				issued an outstate seller of beer license under the provisions of this
				subdivision shall be designated by the manufacturer of beer as its sole and
				exclusive sales agent in this state for a brand or brands of beer produced by
				that manufacturer and shall be responsible for the quality of beer shipped into
				and sold in this state.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1611 - Labels and advertising

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				sale of beer is prohibited in this state unless all of the following provisions
				are complied with:
(a) The beer is packaged,
				marked, branded, and labeled pursuant to these rules.
(b) The beer label truthfully describes the
				contents of the container in accordance with these rules and the federal
				alcohol administration act of 1935,
				27
				U.S.C., §
											201 et seq., and the
				regulations under this act, being 27 C.F.R. part 7, subpart C §§ 7.20
				to 7.29, subpart H § 7.60 and subpart I § 7.81(2014). The provisions
				of 27 C.F.R. part 7, subpart C §§ 7.20 to 7.29, subpart H § 7.60
				and subpart I § 7.81(2014), are adopted by reference in these rules.
				Copies of the adopted provisions may be obtained either from the Superintendent
				of Documents, United States Government Printing Office (GPO), Washington, DC
				20402, or from the gpo website at
https://bookstore.gpo.gov/
at a cost
				of $37.00 each as of the time of adoption of these rules, or free of charge
				from the gpo website at https://www.gpo.gov/. Copies of these provisions may
				also be obtained from the Liquor Control Commission, Department of Licensing
				and Regulatory Affairs, 525 W. Allegan, P.O. Box 30005, Lansing, Michigan
				48909, at a cost of $43.00 each as of the time of adoption of these
				rules.
(c) A brewer, outstate
				seller of beer, or wholesaler that is responsible for labeling shall furnish
				proof, upon request, that valid certificates of approval for the label have
				been obtained from the United States alcohol and tobacco tax and trade bureau
				and are unrevoked under the provisions of the federal labeling
				requirements
.
If a certificate of label approval is not required
				by the United States alcohol and tobacco tax and trade bureau, the brewer,
				outstate seller of beer, or wholesaler must submit an electronic copy of the
				label.
(d) The beer has received a
				registration number from the commission and has been approved for sale by the
				commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1617 - Sales and shipments by outstate sellers of beer

Current through Vol. 24-12, July 15, 2024
Rule 17. A person shall not sell, ship, import, or deliver
				  beer into this state unless the beer is sold, shipped, imported, or delivered
				  in any of the following ways:
(a) An
				outstate seller of beer sells, ships, imports, or delivers to its licensed
				premises, to the licensed premises of a licensed wholesaler of beer, or to the
				licensed premises of a licensed warehouser.
(b) A licensed wholesaler of beer buys,
				imports, or accepts delivery of beer from an outstate seller of beer at the
				licensed premises of an outstate seller of beer or at the licensed premises of
				the licensed wholesaler of beer.
(c) A brewer imports or delivers beer
				produced at a manufacturing plant which is located outside this state and which
				is owned by the brewer or the parent or subsidiary corporation of the
				brewer.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1621 - Excise tax on beer; reports

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) Each
				Michigan licensed wholesaler and each Michigan licensed brewer and Michigan
				licensed micro brewer who does not designate a wholesaler to pay the beer tax
				shall submit to the commission, on forms acceptable to the commission and
				postmarked not later than the fifteenth day of each month, a beer tax report of
				all beer sold in this state during the previous calendar month and shall also
				submit, with the beer tax report, the payment of the required beer excise tax
				due pursuant to section 409 of the act, MCL
				436.1409.
(2)The beer excise tax reports submitted
				pursuant to subrule (1) of this rule by a Michigan licensed wholesaler, or a
				Michigan licensed brewer, or Michigan licensed micro brewer, shall include all
				of the following information:
(a) The total
				sales of beer made in this state during the period covered by the
				report.
(b) The total amount of the
				beer excise tax due.
(c) The date
				upon which each sale of beer was made.
(d) The name and address of the Michigan
				licensed retailer that received each shipment of beer.
(e) The invoice number for each sale of
				beer.
(f) The brand
				name
,
quantity
,
and container size for each item of
				beer sold.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1625 - Price schedules and temporary price reductions

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) A
				manufacturer or wholesaler shall file with the commission in Lansing a schedule
				of net cash prices to the retail licensee for all brands of case and keg beer
				for its market area.
(2) A
				manufacturer or wholesaler shall file with the commission in Lansing beer
				package price reductions for its market area. The price reduction shall be
				filed before its effective date and shall continue for at least 180 days after
				the effective date.
(3) The beer
				package price for any market area may be increased during the 180-day period
				for the following reasons:
(a) To reflect any
				tax increase in the market area.
(b) To reflect a general industry price
				increase in the market area.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1629 - Container deposit and refund

Current through Vol. 24-12, July 15, 2024
Rule 29.
(1) A
				manufacturer, an outstate seller of beer, or a wholesaler of beer shall collect
				a container deposit of a minimum of $30.00 for all refillable containers of
				beer with a capacity of over 5 gallons. The deposit collected by a wholesaler
				from a retail licensee for a refillable container of over 5 gallons shall be
				equal to the deposit collected by the manufacturer or outstate seller of beer
				from the wholesaler of beer.
(2) A
				cash refund which equals the container deposit collected pursuant to subrule
				(1) of this rule for all refillable containers of beer with a capacity of over
				5 gallons shall be made to a licensee who has made the deposit and returned the
				containers for refund.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1631 - Reports of Michigan licensed brewers, Michigan licensed outstate sellers of beer, and Michigan licensed wholesalers

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) Each
				sale or delivery of beer made by a Michigan licensed brewer or Michigan
				licensed outstate seller of beer to a Michigan licensed wholesaler of beer
				shall be accurately recorded on a sales invoice, a debit memo, or a credit
				memo. A Michigan licensed brewer or a Michigan licensed outstate seller of beer
				shall furnish each Michigan licensed wholesaler of beer with 2 copies of each
				invoice at the time of each sale or delivery of beer.
(2) When a billing error is discovered, a
				Michigan licensed brewer or a Michigan licensed outstate seller of beer shall
				immediately furnish the Michigan licensed wholesaler of beer who was
				incorrectly billed with 2 copies of either a debit memo or a credit memo to
				correct the billing error.
(3) Each
				sales invoice shall have printed on it the name, address, and location of the
				Michigan licensed brewer or Michigan licensed outstate seller of beer issuing
				the invoice and shall also contain all of the following information:
(a) The name and address of the Michigan
				licensed wholesaler of beer to whom the sale was made.
(b) The date of sale and an identifying
				invoice number.
(c) The quantity,
				brand name or brand code, container type, container size, unit price, and total
				cost of the beer sold.
(d) The
				address to which the beer was delivered, if different than the address of the
				Michigan licensed wholesaler to whom the beer was sold.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1632 - Invoices and bills of lading

Current through Vol. 24-12, July 15, 2024
Rule 32. When transporting beer, a vehicle operator for a
				  brewer, an outstate seller of beer, a licensed wholesaler of beer, or a common
				  carrier shall have invoices or bills of lading in his or her possession for
				  inspection by commission inspectors or auditors and law enforcement officers.
				  This rule shall not apply to a vehicle operator for a licensed wholesaler of
				  beer while he or she is delivering to retail licensees.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1633 - Damage refunds

Current through Vol. 24-12, July 15, 2024
Rule 33. A refund or other adjustment on beer containers
				  shall not be made to a retail licensee by a manufacturer or wholesaler
				  unless:
(a) A keg of beer shows
				evidence of leakage.
(b) A keg of
				beer is flat or not salable at the time of tapping.
(c) Other reasonable grounds approved by a
				written order of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1635 - Sale or delivery; restrictions; exception

Current through Vol. 24-12, July 15, 2024
Rule 35. A brewer or wholesaler shall not offer for sale or
				  deliver beer to a retail licensee between 12 midnight on Saturday and 12
				  midnight on Sunday, except to a holder of a special license issued by the
				  commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1641 - Michigan licensed brewers and Michigan licensed wholesalers' reports and records

Current through Vol. 24-12, July 15, 2024
Rule 41.
(1) Each
				Michigan licensed brewer, Michigan licensed micro brewer, and Michigan licensed
				brewpub shall maintain records of its transactions, including the distribution
				of beer. The records shall be maintained in order for 4 years, after which
				deletions may be made, but a 4-year record shall always be
				maintained.
(2) Each Michigan
				licensed wholesaler shall maintain records of its transactions, including the
				distribution of beer. The records shall be maintained for 4 years, after which
				deletions may be made, but a 4-year record shall always be
				maintained.
(3) Each Michigan
				licensed brewer, Michigan licensed micro brewer, Michigan licensed brewpub, or
				Michigan licensed wholesaler shall maintain complete records of expenses and
				compensation of salespersons and representatives for 4 years.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1645 - Inspection and enforcement

Current through Vol. 24-12, July 15, 2024
Rule 45.
(1) Upon
				order of the commission a commission representative or employee of the Michigan
				department of agriculture may inspect premises of an out-of-state manufacturer
				of beer which is sold or to be sold in this state.
(2) The books, records and premises of all
				licensees shall be available to the commission representative at all reasonable
				times. The licensee shall give any assistance and provide the facilities
				required for the inspection and analysis.
(3) The commission may demand a sample of any
				beer, shipped into this state and offered for sale or sold, for analytical and
				inspection purposes.
(4) The
				commission reserves the right to confiscate beer or other alcoholic beverages
				unless the beverage complies with these rules and the act. The beer confiscated
				shall be subject to disposition by order of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1651 - Prohibited acts

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) A
				licensee shall not fail, neglect, or refuse to make a report required by these
				rules. A licensee shall not refuse to permit commission representatives to
				examine any of the following:
(a) The
				licensee's books.
(b) Federal tax
				stamps.
(c) Records.
(d) Invoices.
(e) Other papers pertaining to the licensee's
				books, federal tax stamps, records, or invoices.
(f) Any stock of beer in the licensee's
				possession or custody. A licensee shall not make an incomplete, false, or
				fraudulent report or do anything to avoid a full disclosure of the amount of
				beer subject to tax.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Beer › Section R. 436.1659 - Rescissions

Current through Vol. 24-12, July 15, 2024
Rule 59.
(1) Rules
				entitled "Rules and Regulations Applying to the Manufacture and Sale of Beer
				and/or Malt Beverages as Applied to Licensed Manufacturers and Distributors,"
				being R 436.150 to R 436.250 of the Michigan Administrative Code, and appearing
				on pages 5320 to 5333 of the 1954 volume of the Code, page 129 of the 1955
				Annual Supplement to the Code, and page 1525 of the 1960 Annual Supplement to
				the Code, are rescinded.
(2) Rules
				36, 37, and 39 of the rules entitled "Rules and Regulations Governing the
				Relationship between Licensed Manufacturers, Wholesalers of Alcoholic Liquor,
				Their Sales Representatives and Retail Licensees," being R 436.556, R 436.557,
				and R 436.559 of the Michigan Administrative Code, and appearing on pages 5387
				and 5388 of the 1954 volume of the Code, are rescinded.
(3)
									R
				436.1627 of the Michigan Administrative Code,
				appearing on page 95 of Quarterly Supplement No. 91 to the Code, is
				rescinded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1704 - Mixed spirit drink manufacturer

Current through Vol. 24-12, July 15, 2024
Rule 4. A mixed spirit drink manufacturer shall be treated as
				  a wine maker under these rules except for manufacturing and labeling
				  regulations pursuant to section 109(6) of the act, MCL
				  436.1109(6).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1705 - Outstate sellers of wine

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A person
				shall be a holder of the required basic permit issued under the federal alcohol
				administration act,
				27
				U.S.C. §
										201 et seq. before being issued
				an outstate seller of wine license, wine maker license, or small wine maker
				license.
(2) The commission may
				issue an outstate seller of wine license to any of the following entities
				pursuant to these rules and the act:
(a) A
				person who is located in the United States, who imports foreign wine, and who
				sells this foreign wine in this state.
(b) A person who is located outside of this
				state, but in the United States, and who ships and sells bulk wine to licensed
				Michigan manufacturers for blending, rectifying, or nonbeverage purposes or who
				ships and sells bottled wine directly to a minister, priest, or rabbi for
				sacramental purposes.
(c) A person
				who is located outside of this state, but in the United States, and who bottles
				wine manufactured by another person. This person shall have a certificate or
				affidavit of identity from the manufacturer. This licensed person shall be
				responsible for the quality of wine shipped into and sold in this
				state.
(d) A manufacturer that is
				located outside of this state, but in the United States, and that produces and
				bottles its own wine.
(e) A person
				who is located in the United States and who is designated by the manufacturer
				of wine as its sole and exclusive sales agent in the United States. A person
				who is issued an outstate seller of wine license under the provisions of this
				subdivision shall be responsible for the quality of wine shipped into and sold
				in this state.
(f) A person who is
				located in the United States and who purchases wine from a manufacturer of wine
				or brand owner located outside of this state, but in the United States, if the
				total amount of wine imported into this state that is manufactured by that
				outstate manufacturer of wine or brand owner is 150,000 liters or less per
				calendar year. The outstate seller shall be responsible for the quality of wine
				shipped into and sold in this state. A person who obtains an outstate seller of
				wine license pursuant to this subdivision, or who imports wine pursuant to this
				subdivision, and who holds a wholesale license shall pay cash at the time of
				purchase for importation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1707 - Federal standards of identity for wine

Current through Vol. 24-12, July 15, 2024
Rule 7. The standards of identity for the several classes and
				  types of bottled wine shall be the federal standards of identity, published in
				  title 27, part 4, subpart C, C.F.R., 1935, as amended, as of June 1, 1975,
				  which are incorporated herein by reference. The commission may by written order
				  establish other standards of identity. Copies of the federal regulations are on
				  file and available to the public in the Lansing office of the commission at
				  cost.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1708 - Manufacturing wine under federal wine regulations

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) A
				manufacturer shall manufacture wine under the federal wine regulations
				published in 27 C.F.R. part 24, §§
									24.1
				to
				24.323(2014)
				that are adopted in these rules by reference. Copies of the adopted provisions
				may be obtained either from the Superintendent of Documents, United States
				Government Printing Office (GPO), Washington, DC 20402 or from the gpo website
				at
https://bookstore.gpo.gov/
at a cost of $37.00 each as of the time of adoption of these rules, or free of
				charge from the gpo website at https://www.gpo.gov/. Copies of these provisions
				may also be obtained from the Liquor Control Commission, Department of
				Licensing and Regulatory Affairs, 525 W. Allegan, P.O. Box 30005, Lansing,
				Michigan 48909, at a cost of $43.00 each as of the time of adoption of these
				rules.
(2) Substandard, imitation
				base, or nonstandard wine may be sold in this state by written order of the
				commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1711 - Inspections

Current through Vol. 24-12, July 15, 2024
Rule 11. Upon order of the commission any commission
				  representative or employee of the Michigan department of agriculture may
				  inspect any premises of an out-of-state producer, manufacturer or bottler of
				  wine which is sold or to be sold in this state.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1716 - Bottling

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) Wine
				may be bottled or sold or both in Michigan in containers of any size permitted
				by the federal alcohol administration act and approved by written order of the
				commission.
(2) For tax purposes a
				variance in content will be permitted within a fraction of a fluid ounce in
				bottles of champagne, carbonated or sparkling wines in order that a 26 ounce
				container may be registered as a 1/5 of a gallon or 25.6 ounce container, or a
				13 ounce container may be registered at 1/10 of a gallon or 12.8 ounce
				container.
(3) Imported wine may be
				delivered into this state and sold in containers of any size permitted by the
				federal alcohol administration act and approved by written order of the
				commission.
(4) A Michigan
				manufacturer shall not bottle bulk domestic or imported wine for sale in any
				state without a written order of approval from the commission.
(5) A Michigan manufacturer shall not
				manufacture or bottle wine for any other manufacturer without a written order
				of approval from the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1717 - Restraining orders; record

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) If wine
				has not been manufactured in accordance with
				R 436.1708, then the commission may
				issue a written order restraining a wine manufacturer from selling, offering
				for sale, using for blending purposes, or otherwise using the wine, whether it
				is in the finished state or in the course of manufacture. The order shall
				remain in force until rescinded or otherwise disposed of by the
				commission.
(2) A manufacturer
				shall keep a complete record, on forms prescribed by the commission, of all
				wines manufactured.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1719 - Requirements for sale of bottled wine

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) Bottled
				wine shall not be offered for sale, kept for sale, sold, delivered, or
				otherwise introduced into this state unless all of the following provisions
				have been complied with:
(a) The wine is
				bottled, packaged, marked, branded, and labeled under these rules.
(b) The wine label truthfully describes the
				contents of the container pursuant to these rules and the federal wine
				regulations published in 27 C.F.R. part 4, §§ 4.1 to
				4.101(2014)
				that are adopted in these rules by reference. Copies of the adopted provisions
				may be obtained either from the Superintendent of Documents, United States
				Government Printing Office (GPO), Washington, DC 20402 or from the gpo website
				at
http://bookstore.gpo.gov/
at
				a cost of $37.00 each as of the time of adoption of these rules, or free of
				charge from the gpo website at http://www.gpoaccess.gov/cfr/. Copies of these
				provisions may also be obtained from the Liquor Control Commission, Department
				of Licensing and Regulatory Affairs, 525 W. Allegan, P.O. Box 30005, Lansing,
				Michigan 48909, at a cost of $43.00 each as of the time of adoption of these
				rules.
(c) The wine has received a
				registration number of approval from the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1720 - Reports of Michigan licensed wine makers, Michigan licensed outstate sellers of wine, and Michigan licensed wholesalers

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) Each
				sale or delivery of wine made by a Michigan licensed wine maker or Michigan
				licensed outstate seller of wine to a Michigan licensed wholesaler of wine
				shall be accurately recorded on a sales invoice, a debit memo, or a credit
				memo. Each Michigan licensed wine maker and Michigan licensed outstate seller
				of wine shall furnish each Michigan licensed wholesaler of wine with 2 copies
				of each invoice at the time of each sale or delivery of wine.
(2) Each sales invoice shall have printed on
				it the name, address, and location of the Michigan licensed wine maker or
				Michigan licensed outstate seller of wine issuing the invoice and shall also
				contain all of the following information:
(a)
				The name and address of the Michigan licensed wholesaler of wine to whom the
				sale was made.
(b) The date of sale
				and an identifying invoice number.
(c) The quantity, brand, container type,
				container size, unit price, and total cost of the wine sold.
(d) An identifying designation for all wine
				over 16% alcohol by volume.
(e) The
				address to which the wine was delivered, if different than the address of the
				Michigan licensed wholesaler to whom the wine was sold.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1721 - Requirements for sale of bulk wine

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) A
				manufacturer or outstate seller of wine may sell bulk wine of any alcoholic
				content for blending purposes and nonbeverage purposes without an additional
				license.
(2) Bulk wine shall not be
				offered for sale, kept for sale, sold, delivered or otherwise introduced into
				this state unless it is approved for sale by the commission and accompanied by
				a release form, a supply of which shall be furnished by the commission upon
				request. The release shall be signed by an outstate seller of wine or an
				authorized agent of the outstate seller of wine.
(3) When bulk wine is received by a consignee
				on a release issued by the commission, the consignee shall immediately submit
				to the commission a copy of the invoice listing the shipment. Upon request the
				consignee shall readily make available to a commission inspector a copy of the
				release, the bill of lading, and a copy of the vendor's invoice.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1722 - Transportation of wine

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) When
				bottled wine is transported in interstate or intrastate commerce, a copy of the
				invoice or bill of lading shall accompany the wine and shall be available for
				inspection by commission representatives and law enforcement
				agencies.
(2) A truck driver of a
				manufacturer or outstate seller of bottled wine shall have invoices and bills
				of lading available for inspection by commission representatives and law
				enforcement agencies.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1723a - Barrel deposit and refund

Current through Vol. 24-12, July 15, 2024
Rule 23a.
(1) A
				manufacturer, an outstate seller of wine, or a wholesaler of wine shall collect
				a barrel deposit of $10.00 for a barrel, 1/2 barrel, and 1/4 barrel of wine or
				mixed wine drink.
(2) A cash refund
				of $10.00 for a barrel, 1/2 barrel, and 1/4 barrel of wine or mixed wine drink
				shall be made to a licensee who has made the deposit and returned the barrels
				for refund.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1724 - Sacramental wine

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) A
				manufacturer, outstate seller of wine, or wholesaler may sell wine to a church
				for use only in sacramental or religious rites.
(2) A manufacturer, outstate seller of wine,
				or wholesaler who sells wine for sacramental or religious rites shall file a
				quarterly report with the commission on a form approved by the commission
				listing the amount of such sales. The report shall be submitted to the
				commission by January 15, April 15, July 15, and October 15 of each
				year.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1725 - Excise tax on wine; reports

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) Each
				Michigan licensed wholesaler and each Michigan licensed wine maker that does
				not designate a wholesaler to pay the wine tax shall submit, to the commission,
				on forms acceptable to the commission and postmarked not later than the
				fifteenth day of each month, a wine tax report of all wine sold in this state
				during the preceding calendar month. Payment of the required wine excise tax
				due pursuant to the provisions of section 301 of the act, MCL
				436.1301,
				shall accompany the report.
(2) The
				wine excise tax report submitted pursuant to subrule (1) of this rule by a
				Michigan licensed wholesaler or a Michigan licensed wine maker shall include
				all of the following information:
(a) The
				total sales of wine made in this state during the period covered by the
				report.
(b) The total amount of the
				wine excise tax due.
(c) The date
				upon which each sale of wine was made.
(d) The name and address of the Michigan
				licensed retailer that received each shipment of wine.
(e) The invoice number for each sale of
				wine.
(f) The brand name, quantity,
				and container size of each item of wine sold.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1726 - Price schedule; quantity discounts prohibited

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) A
				manufacturer or wholesaler shall file with the commission in Lansing, before
				January 1, April 1, July 1, and October 1 of each year, a schedule of the net
				cash prices to retail licensees for all wine by kind, type, size, and
				brand.
(2) The prices filed shall
				not be changed during a quarterly period, unless approved by a written order of
				the commission. Approval for a price change shall not be granted for periods of
				less than 14 consecutive calendar days in duration.
(3) A manufacturer or wholesaler shall not
				charge a retail licensee any fee in addition to the net cash prices filed in
				subrule (1) except for a split case fee. If a manufacturer or wholesaler
				charges a split case fee to a retail licensee, such a fee shall be at the same
				per unit rate, shall be nondiscriminatory, and shall not be based on a sliding
				scale.
(4) A manufacturer or
				wholesaler shall not sell wine at a quantity discount.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1727 - Records

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) The
				production and sales records of the manufacturer shall be maintained in order
				and available for inspection for the 4 most recent years.
(2) A wholesaler of wine shall maintain
				records of its purchases and sales of alcoholic liquor. The records shall be
				maintained and available for inspection for the 4 most recent years.
(3) A manufacturer or wholesaler of wine
				shall maintain complete records of the expenses of their licensed salesmen and
				representatives and complete records of the total compensation paid to their
				licensed salesmen and representatives. These records shall be maintained and
				available for inspection for the 4 most recent years.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1728 - Inspection; analysis; enforcement

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) The
				books, records and premises of all licensees shall be available to the
				commission representative at all times. The licensees shall give any assistance
				and provide the facilities required for the inspection and analysis.
(2) The commission may demand a sample of any
				wine shipped into this state and offered for sale or sold for analytical and
				inspection purposes.
(3) The
				commission reserves the right to confiscate wine or other alcoholic beverage
				unless the beverage complies with these rules and the act. The wine confiscated
				shall be subject to disposition by order of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1735 - Prohibited acts

Current through Vol. 24-12, July 15, 2024
Rule 35.
(1) A
				licensee shall not fail, neglect, or refuse to submit a report required by
				these rules or submit a false or incomplete report required by these rules. A
				licensee shall not refuse to permit a commission representative to examine the
				wine books, records, invoices, or other papers kept by the licensee in regard
				to the licensed business.
(2) A
				licensee shall not falsely label a container in which wine is placed for sale,
				use or give a false or fictitious address in an application or form required by
				these rules, or otherwise make a material misrepresentation in an application,
				record, or report.
(3) A licensee
				shall not engage in tied-in sales of beer, wine, or beer and wine.
(4) Bottled wine or wine containers shall not
				be returned to a wholesaler or manufacturer, except as provided by written
				order of the commission.