Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Licensing Qualifications - SDD License; prohibited issuance or transfer › Section R. 436.1142 - SDD license; limitation on applications

Current through Vol. 24-12, July 15, 2024
Rule 42.
(1) The
				commission shall not process an application for a new specially designated
				distributor license in any governmental unit in which the number of
				applications already under consideration by the commission equals or exceeds
				the number of new licenses available pursuant to the quota provisions of
				R
				436.1141(1).
(2) The commission shall maintain a record
				for each governmental unit of each person who has made an application for a new
				specially designated distributor license, but whose application was not
				processed pursuant to the provisions of subrule (1) of this rule.
(3) When all applications for a new specially
				designated distributor license in any governmental unit have been disposed of
				by the commission and 1 or more new specially designated distributor licenses
				are still available, the commission shall provide written notification of the
				license availability to each person who has made an application for a new
				specially designated distributor license within that governmental unit, but
				whose application was not processed pursuant to the provisions of subrule (1)
				of this rule. Such notification shall be made by mail to the last known address
				of the person which appears in the commission's records. Within 30 days of the
				date of mailing of such a notification, a person shall notify the commission,
				in writing, and pay the required inspection fee if he or she is still
				interested in obtaining a new specially designated distributor license. A
				person who does not respond within the 30-day period shall not be given
				consideration for any available license. If at the end of the 30-day period the
				number of persons who have notified the commission of their desire to be
				considered for new specially designated distributor licenses within the
				governmental unit equals or exceeds the number of licenses available, pursuant
				to the provisions of subrule (1) of this rule any additional applications
				received shall not be processed.
(4) When an application for a new specially
				designated distributor license is received by the commission for a location in
				a governmental unit in which new specially designated distributor licenses are
				not available because the quota established by the provisions of
				R
				436.1141(1) has been filled, the
				commission shall notify the applicant that licenses are not
				available.
(5) The commission shall
				maintain a record for each governmental unit of each person who has made an
				application for a new specially designated distributor license, but whose
				application was not processed pursuant to the provisions of subrule (4) of this
				rule.
(6) When 1 or more specially
				designated distributor licenses becomes available in a governmental unit in
				which the quota established by the provisions of
				R
				436.1141(1) had previously been
				filled, the commission shall provide written notification to each person who
				applied for a new specially designated distributor license within that
				governmental unit, but whose application was not processed pursuant to the
				quota provisions of
				R
				436.1141(1). Within 30 days of the
				date of mailing of such a notification, a person shall notify the commission,
				in writing, and pay the required inspection fee if he or she is still
				interested in obtaining a new specially designated distributor license. A
				person who does not respond within the 30-day period shall not be given
				consideration for any available license. If at the end of the 30-day period the
				number of persons who have notified the commission of their desire to be
				considered for new specially designated distributor licenses within the
				governmental unit equals or exceeds the number of licenses available, pursuant
				to the provisions of subrule (1) of this rule, any additional applications
				received shall not be processed.
(7) For purposes of determining the order in
				which initial applications for new specially designated distributor licenses
				are submitted to the commission as required by the provisions of
				R 436.1105(2)(f),
				the commission shall use the date on which a person first applied for the
				license, even if the application was not processed at that time due to the
				provisions of subrule (1) or (4) of this rule.