reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 2 - PROFESSIONAL BOXING, AMATEUR AND PROFESSIONAL MIXED MARTIAL ARTS, AMATEUR AND PROFESSIONAL KICKBOXING, AND AMATEUR AND PROFESSIONAL MUAY THAI › Section R. 339.259 - Matchmakers and promoters; liability for lack of judgment in arranging matches; contract restrictions

Current through Vol. 24-12, July 15, 2024
Rule 259.
(1)
					 The promoter and matchmaker shall be responsible for a match in which 1 of the
					 contestants is disproportionately outclassed. Persistent lack of judgment in
					 arranging matches shall be sufficient grounds for disciplinary action under
					 chapter 4 of the act, MCL 338.3640 to 338.3649a.
(2) A promoter shall not own a contract or a
					 portion of a contract of, or receive proceeds from a contract with, any
					 contestant who is competing in 1 of the promoter's productions. A matchmaker
					 shall not own a contract or a portion of a contract of, or receive proceeds
					 from a contract with, any contestant for whom the matchmaker arranges
					 matches.
(3) A matchmaker may be
					 licensed as a promoter. A promoter may be licensed as a matchmaker. However,
					 neither a promoter nor a matchmaker shall be licensed as a referee, timekeeper,
					 judge, boxer, or mixed martial artist.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 2 - PROFESSIONAL BOXING, AMATEUR AND PROFESSIONAL MIXED MARTIAL ARTS, AMATEUR AND PROFESSIONAL KICKBOXING, AND AMATEUR AND PROFESSIONAL MUAY THAI › Section R. 339.261 - Filing of documents by promoter; accuracy of promotional materials; contract requirements; contracted purse

Current through Vol. 24-12, July 15, 2024
Rule 261.
(1) A
					 matchmaker is responsible for verifying the identity, ring record, eligibility,
					 and suspensions of each contestant. A promoter is responsible for the accuracy
					 of the names and records of each of the participating contestants in all
					 publicity or promotional material.
(2) A contestant shall use his or her legal
					 name to sign a contract; however, a contestant who is licensed under another
					 name may sign the contract using his or her licensed name if the contestant's
					 legal name appears in the body of the contract as the name under which the
					 contestant is otherwise known.
(3)
					 All contracts must be between a promoter and a contestant. There shall not be a
					 contract between the promoter and a manager. However, a contract may be signed
					 by a contestant's manager on behalf of the contestant. If a contestant does not
					 have a manager, then the contestant shall sign the contract. The contracted
					 purse amount paid to a professional contestant must not be less than $100 per
					 contracted round.
(4) The contract
					 that is filed with the department must embody all of the agreements between the
					 parties. Secret contracts that contradict the terms of the contracts that are
					 filed with the department are prohibited.
(5) The contract between a promoter and a
					 contestant must be for the use of the contestant's skills in a contest and
					 shall not require the contestant to sell tickets in order to be paid for his or
					 her services.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 2 - PROFESSIONAL BOXING, AMATEUR AND PROFESSIONAL MIXED MARTIAL ARTS, AMATEUR AND PROFESSIONAL KICKBOXING, AND AMATEUR AND PROFESSIONAL MUAY THAI › Section R. 339.263 - Charitable ticket sales

Current through Vol. 24-12, July 15, 2024
Rule 263. A promoter who collects contributions for a
						charitable organization licensed under the provisions of the charitable
						organizations and solicitations act, 1975 PA 169, MCL 400.271, shall comply
						with the provisions of that act and shall promptly transmit funds collected to
						the charitable organization. A promoter who is found to have violated the
						provisions of the charitable organizations and solicitations act shall be
						subject to the penalties set forth in Chapter 4 of the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 2 - PROFESSIONAL BOXING, AMATEUR AND PROFESSIONAL MIXED MARTIAL ARTS, AMATEUR AND PROFESSIONAL KICKBOXING, AND AMATEUR AND PROFESSIONAL MUAY THAI › Section R. 339.265 - Compensation for contest officials

Current through Vol. 24-12, July 15, 2024
Rule 265.
(1)
					 Each official approved to officiate a contest regulated by the department must
					 be paid an amount not less than the base fees shown in table 1:
TABLE 1
Compensation for Event Officials
Gross Purses Contracted
Referees
Judges
Timekeepers
$0 to $7,500.00
$100.00
$75.00
$50.00
$7,501.00 to $20,000.00
$150.00
$100.00
$75.00
$20,001.00 to
$50,000.00
$250.00
$150.00
$100.00
$50,001.00 to
$100,000.00
$350.00
$250.00
$150.00
Over $100,000.00
$700.00
$450.00
$200.00
(2) The
					 department shall adjust and publish these fees annually and index the fees to
					 the Detroit consumer price index, as published by the Bureau of Labor
					 Statistics, United States Department of Labor.
(3) The promoter shall disclose the amount
					 paid to officials to the department on a form satisfactory to the department
					 and required to be submitted under section
					 54 a of the act, MCL
					 338.3654a.
(4) Licensees may request that information
					 furnished to the department under this rule be treated as confidential under
					 section 61 a of the act, MCL
					 338.3661a.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 2 - PROFESSIONAL BOXING, AMATEUR AND PROFESSIONAL MIXED MARTIAL ARTS, AMATEUR AND PROFESSIONAL KICKBOXING, AND AMATEUR AND PROFESSIONAL MUAY THAI › Section R. 339.267 - Elimination tournaments

Current through Vol. 24-12, July 15, 2024
Rule 267.
An elimination tournament is a tournament in which 2
						contestants compete against one another, the loser is eliminated from the
						tournament, and the tournament continues with winners from the various contests
						competing until only 1 contestant remains undefeated in the weight division. An
						elimination tournament shall be in compliance with all of the rules pertaining
						to unarmed combat, except as provided in chapter 5 of the act, MCL 338.3650 to
						338.3658, and
						R
						339.253.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 2 - PROFESSIONAL BOXING, AMATEUR AND PROFESSIONAL MIXED MARTIAL ARTS, AMATEUR AND PROFESSIONAL KICKBOXING, AND AMATEUR AND PROFESSIONAL MUAY THAI › Section R. 339.269 - Drug testing

Current through Vol. 24-12, July 15, 2024
Rule 269.
(1)
					 The department, the department representative, or the ringside physician may
					 request that a contestant take a test or submit to an examination designed to
					 measure the presence of alcohol or drugs before or immediately following a
					 contest. The collection of specimens must take place at the venue or a facility
					 acceptable to the department. The promoter is responsible for the cost of
					 testing contestants, which testing must be completed at a laboratory facility
					 acceptable to the department. The department representative responsible for
					 collection of specimens shall be the only person informed of the requested test
					 prior to the contestant.
(2) The
					 department, the department representative, or the ringside physician may
					 request that an approved official take a test or submit to an examination
					 designed to measure the presence of alcohol or drugs before or immediately
					 following a contest. The collection of specimens shall take place at the venue
					 or a facility acceptable to the department. An approved official is responsible
					 for the cost of his or her examination which must be completed at a laboratory
					 facility acceptable to the department.
(3) If such a test or examination results in
					 a finding of the presence of a drug or alcohol, or if the contestant or
					 official refuses to submit to a test, or refuses or is unable to provide a
					 sample of body fluids for a test, then a complaint must be filed under the
					 procedures of chapter 4 of the act, MCL 338.3640 to 338.3649a. If a
					 determination is made that the contestant or official is subject to
					 disciplinary action, then the commission shall impose, at a minimum, the
					 following penalties under chapter 4 of the act, MCL 338.3640 to 338.3649a:
(a) For a first violation, suspension for 90
					 days.
(b) For a second violation, a
					 1-year suspension.
(c) For a third
					 violation, revocation of licensure.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 2 - PROFESSIONAL BOXING, AMATEUR AND PROFESSIONAL MIXED MARTIAL ARTS, AMATEUR AND PROFESSIONAL KICKBOXING, AND AMATEUR AND PROFESSIONAL MUAY THAI › Section R. 339.271 - Suspension notices

Current through Vol. 24-12, July 15, 2024
Rule 271.
(1) A
					 contestant who is suspended shall be placed on the suspension list of the
					 sanctioned record-keeping organization and notice shall also be placed on the
					 department's website.
(2) The
					 department, upon placing the contestant on the suspension list under subrule
					 (1) of this rule, shall immediately mail a written suspension notice to the
					 contestant at his or her last known address, specifying the nature of the
					 suspension, the reason, and the length of the suspension, where
					 known.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 3 - FEES › Section R. 339.301 - Administrative fees

Current through Vol. 24-12, July 15, 2024
Rule 301.
The department may charge the following fees under the
						act:
(1) A fee collected by the
					 department, when paid pursuant to this act, shall not be refunded, except as
					 provided in administrative rules promulgated by the director.
(2) The department may charge a fee for the
					 issuance of a duplicate license or registration. The duplicate shall not be
					 issued unless the person applying for the duplicate signs a statement that the
					 original document has been lost, stolen, or destroyed. The fee for the
					 duplicate shall be $15.00.
(3) The
					 department may charge a $5.00 fee for providing written verification that a
					 person is or is not licensed or registered at the time of the request for
					 verification. If the person requesting written verification seeks specific
					 detailed information beyond the information described in subrule (4) of this
					 rule, then the charge for verification shall be $15.00.
(4) The department may charge a $10.00 fee
					 for correcting its records and issuing a new document when a person notifies
					 the department of a change of name and address. If the change does not require
					 the issuance of a new document, then no charge shall be made for correcting the
					 department's records.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 3 - FEES › Section R. 339.303 - License fees

Current through Vol. 24-12, July 15, 2024
Rule 303.
Fees for a person licensed or seeking licensure as a
						promoter are as follows:
(a)
					 Application processing fees:
(i) Boxing or
					 mixed martial arts Promoter $500.00
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 4 › Section R. 339.401 - Expiration date; late renewal fee; relicensure

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1)
					 Licenses shall expire annually on August 31.
(2) A person who fails to renew a license on
					 or before August 31 shall not practice the occupation after the expiration date
					 printed on the license.
A license shall lapse on the day after the
						expiration.
(3) A person
					 who fails to renew a license on or before August 31 may renew the license by
					 payment of the required license fee and a late renewal fee within 60 days after
					 the expiration date.
(4) A person
					 who fails to renew a license within the time period in subrule (3) of this rule
					 may be relicensed upon showing that the person meets the current requirements
					 for licensure as established in the act and administrative rules and pays an
					 application processing fee, the late renewal fee, and the per year license fee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Unarmed Combat › Unarmed Combat › Part 4 › Section R. 339.403 - Reinstatement

Current through Vol. 24-12, July 15, 2024
Rule 403. A person who seeks reinstatement of a license
						shall file an application on a form provided by the department, pay the
						appropriate application processing fee, and shall file a petition with the
						department and the commission stating reasons for reinstatement and including
						evidence that the person can and is likely to serve the public with competence
						and in conformance will all other requirements prescribed by law, rule, or an
						order of the commission. Upon consultation with the commission, the department
						shall grant or deny the application for reinstatement.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Special Licenses for Sale of Alcoholic Liquor at Retail for Consumption on Premises › Section R. 436.572 - Special license explained

Current through Vol. 24-12, July 15, 2024
Rule 2. A special license authorizes a person to sell
				  alcoholic liquor at retail for consumption on the premises only for a limited
				  period of time.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Special Licenses for Sale of Alcoholic Liquor at Retail for Consumption on Premises › Section R. 436.574 - Application limited to nonprofit organizations; profits

Current through Vol. 24-12, July 15, 2024
Rule 4. Only a nonprofit organization may apply for a special
				  license. All profits derived from the sale of alcoholic liquor must go to the
				  organization itself and not to any individual.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Special Licenses for Sale of Alcoholic Liquor at Retail for Consumption on Premises › Section R. 436.575 - Applications

Current through Vol. 24-12, July 15, 2024
Rule 5. An applicant shall ensure that its application for a
				  special license is received in the offices of the Michigan liquor control
				  commission, Lansing, Michigan, not less than 10 days before the date the
				  license is desired. The president and secretary of the organization making
				  application shall sign the application in the presence of 2 witnesses and the
				  signatures shall be notarized. Further, an applicant shall submit, with the
				  application, an affidavit showing the length of time the organization has been
				  in existence.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Special Licenses for Sale of Alcoholic Liquor at Retail for Consumption on Premises › Section R. 436.576 - Resolution

Current through Vol. 24-12, July 15, 2024
Rule 6. A certified copy of the resolution of the membership
				  or board of directors authorizing the application must accompany the
				  application to the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Special Licenses for Sale of Alcoholic Liquor at Retail for Consumption on Premises › Section R. 436.577 - Approval of sheriff or chief of police required

Current through Vol. 24-12, July 15, 2024
Rule 7. The written approval of the sheriff or chief of
				  police under whose jurisdiction the premises proposed to be licensed are
				  located must be obtained upon the application before having the bond
				  executed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Special Licenses for Sale of Alcoholic Liquor at Retail for Consumption on Premises › Section R. 436.579 - Place and time of operation

Current through Vol. 24-12, July 15, 2024
Rule 9. The special license may be used only at the premises
				  for which issued and only during the time stipulated on the
				  license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Special Licenses for Sale of Alcoholic Liquor at Retail for Consumption on Premises › Section R. 436.582 - Special licensee source of purchase options

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) A
				special licensee may purchase spirits from a licensed specially designated
				distributor at the uniform sales price set by the commission.
(2) A special licensee may purchase beer and
				wine from any of the following entities:
(a)
				A licensed specially designated merchant.
(b) A licensed wholesaler.
(c) A licensed Michigan wine maker or small
				wine maker.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1003 - Building and health laws, rules, and ordinances

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				licensee shall comply with all state and local building, plumbing, zoning,
				sanitation, and health laws, rules, and ordinances as determined by the state
				and local law enforcement officials who have jurisdiction over the
				licensee.
(2) A licensee shall not
				use a license at the licensed premises unless a temporary or permanent
				certificate of occupancy has been issued by the local unit of government having
				jurisdiction over the location of the licensed premises or the licensed
				premises complies with the requirements in subrule (1) of this rule.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1007 - Records; maintenance

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				licensee shall maintain accurate records of alcoholic liquor purchases and
				sales.
(2) A licensee shall
				maintain records sufficient to determine ownership of the licensed business and
				to whom the profits or losses of the business accrue.
(3) The records required by this rule shall
				be maintained for a 4-year period of time.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1011 - Prohibited conduct of licensees, agents, or employees

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				clerk, servant, agent, or employee of a licensee shall not engage in an illegal
				occupation or illegal act on the licensed premises. A certified copy of a
				conviction is prima facie evidence of a violation.
(2) A licensee, an officer of a licensed
				corporation, a stockholder of a privately held corporation, or a member or
				manager of a limited liability company shall not, on or off its licensed
				premises, commit any of the following:
(a) A
				felony.
(b) A crime involving the
				excessive use of alcoholic liquor.
(c) A crime involving gambling, prostitution,
				weapons, violence, tax evasion, fraudulent activity, or controlled
				substances.
(d) A misdemeanor that
				impairs, or may impair, the ability of the person to operate the licensed
				business in a safe and competent manner.
(e) Any of the offenses specified in this
				subrule which results in sentencing after a plea of nolo contendere and for
				which the licensee is subject to the penalties in section 903 of the act. A
				certified copy of a conviction is prima facie evidence of a
				violation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1012 - Business entities dissolved, terminated, expired, revoked, or otherwise not in good standing

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) A
				licensed business entity that is dissolved, terminated, expired, revoked, or
				otherwise not in good standing in this state, shall not sell, offer for sale,
				furnish, or allow the consumption of alcoholic liquor on the licensed premises
				from the date the licensed business entity is dissolved, terminated, expired,
				or otherwise not in good standing until the date the licensee provides to the
				commission a certificate of good standing from the corporations, securities,
				and commercial licensing bureau. Electronic documentation from the state of
				Michigans business entity search is prima facie evidence of a business entity's
				dissolution, termination, expiration, revocation, or lack of good standing in
				this state.
(2) The licensee's
				licenses and permits shall be suspended until the date the licensee provides to
				the commission a certificate of good standing from the corporations,
				securities, and commercial licensing bureau.
(3) The commission shall not renew the
				licenses and permits of a licensee for active operation, whose licensed
				business entity is dissolved, terminated, expired, revoked, or otherwise not in
				good standing in this state until the licensee provides a certificate of good
				standing from this state. The license shall also be immediately suspended by
				written order of the commission and the licensee shall have 60 days from the
				date of the order to provide a certificate of good standing from the
				corporations, securities, and commercial licensing bureau or provide a written
				request to place the license in escrow. If the licensee fails to provide a
				certificate of good standing or a written request to place the license in
				escrow within 60 days of the date of the order, then the license shall be
				cancelled without further order of the commission. A license in escrow shall
				not be released for active operation until the licensee provides a certificate
				of good standing from this state. The licensee may apply for another license if
				the license is cancelled under this subrule.
(4) For purposes of this rule, "business
				entity" means any person as defined in section 111(1) of 1998 PA 58, MCL
				436.1111(1).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1015 - Display of license and permit

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1)
				Licenses issued by the commission shall be signed by the licensee, shall be
				framed under a transparent material, and shall be prominently displayed in the
				licensed premises.
(2) Permits and
				permissions issued by the commission to a licensee shall be framed under a
				transparent material and shall be prominently displayed in the licensed
				premises adjacent to the liquor license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1019 - Contests

Current through Vol. 24-12, July 15, 2024
Rule 19. A licensee shall not participate in or sponsor any
				  contest that requires the use or consumption of alcoholic liquor or features
				  alcoholic liquor as a prize in connection with a contest.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1021 - Sale to licensed truck driver salesman

Current through Vol. 24-12, July 15, 2024
Rule 21. A licensee shall not knowingly sell, give, or
				  furnish alcoholic liquor to a licensed truck driver salesman who is employed by
				  a licensee while the truck driver is on duty or in the course of
				  employment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1023 - Transfer of location of licensed premises; alteration of premises; lease, sale, or transfer of premises

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) A
				licensee shall not transfer the location of the licensed premises without the
				prior written approval of the commission.
(2) A licensee shall not, without the prior
				written approval of the commission, do any of the following:
(a) Add or drop any space to or from the
				physical structure of the licensed premises.
(b) If the licensee holds a class C or B
				hotel license, install any additional bars.
(c) Redefine the licensed premises to add
				space to the licensed premises if the space being added is not connected to the
				existing physical structure either temporarily or permanently, unless all of
				the following conditions are met:
(i) The
				redefined space is located on property owned or controlled by the licensee by
				ownership or lease.
(ii) The
				redefined space is located within the same city, village, or township as the
				licensed premises.
(iii) The
				redefined space is not separated from the licensed premises by a public street,
				road, highway, or alley under the control of the state highway commission,
				county, city, village, or township.
(iv) The redefined space is operated by the
				licensee, its employees, or agents.
(v) The redefined space is operated as an
				extension of the licensed premises and not for a separate business use or
				purpose.
(d) A request
				to add or drop space to the licensed premises shall exclude areas where outdoor
				service approval is required as prescribed in
				R 436.1419.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1025 - Storing of alcoholic liquor

Current through Vol. 24-12, July 15, 2024
Rule 25. A licensee shall not allow alcoholic liquor to be
				  kept or stored off the licensed premises, except upon prior written order of
				  the commission. If the commission issues an order allowing a licensee to keep
				  or store alcoholic liquor off the licensed premises, the licensee shall ensure
				  that the storage area is under the exclusive control of the licensee, locked
				  and secured at all times, and shall make the storage area available for
				  inspection and search by a commission investigator or law enforcement officer
				  empowered to enforce the rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1027 - Confiscation and impoundment of alcoholic liquor

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) The
				commission or a law enforcement officer may seize suspected adulterated
				alcoholic liquor for analytical purposes.
(2) The commission or a law enforcement
				officer may confiscate or impound alcoholic liquor that does not comply with
				the act or commission rules.
(3)
				The commission inspector or investigator may impound alcoholic liquor that is
				damaged by fire, water, chemicals, smoke, floods, explosion, freezing, sewage,
				or other causes affecting quality or merchantable value. Once impounded,
				damaged alcoholic liquor shall not be used, sold, moved, or destroyed without
				the prior written approval of the commission.
(4) The commission may impound alcoholic
				liquor of a licensee by written order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1029 - Orders of commission

Current through Vol. 24-12, July 15, 2024
Rule 29. A licensee shall not fail, refuse, or neglect to
				  obey any written order of the commission or an individual commissioner issued
				  relative to the operation of his or her licensed
				  establishment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1031 - Sales prohibited during periods of suspension; notice of suspension

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) A
				licensee shall not sell, offer for sale, furnish, consume, or allow the
				consumption of, alcoholic liquor on the licensed premises during the period
				that the license is suspended by the commission or an individual
				commissioner.
(2) During the time
				of suspension of a license by the commission, the notice of the suspension
				shall be continuously posted in a conspicuous place on the licensed premises in
				full view of the public.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1039 - Living quarters in connection with licensed premises; other direct connections to licensed premises

Current through Vol. 24-12, July 15, 2024
Rule 39.
(1) A
				licensee shall not have an inside connection between the licensed premises and
				an unlicensed portion of the same building or another building without the
				prior written approval of the commission.
(2) A licensee, except for a hotel or club
				licensee, shall not have living quarters connected with the licensed premises,
				unless a living quarters permit is granted by the commission.
(3) If a living quarters permit is granted by
				the commission to a licensee, alterations shall not be made in the connections
				between the living quarters and the licensed premises, unless written
				permission is granted by the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1041 - Obtaining a license for use or benefit of another; participation permits

Current through Vol. 24-12, July 15, 2024
Rule 41.
(1) A
				licensee or an applicant for a license shall not obtain or attempt to obtain a
				license for the use or benefit of another person whose name does not appear on
				the license. In addition, a licensee shall not allow a person whose name does
				not appear on the license to use or benefit from the license.
(2) The provisions of subrule (1) of this
				rule do not apply to a participating agreement where the commission approves a
				participating agreement after a showing of good cause and issues a
				participation permit to the licensee.
(3) Upon written application of the licensee,
				the commission may issue a participation permit to a licensee who meets all of
				the following qualifications:
(a) The
				non-licensed person who receives use or benefit from the licensee's
				license
,
or who receives gross sales or net profits from a
				licensed business
,
shall meet the same qualifications as a
				licensee as prescribed by
				R 436.1105(1)(a) and
				(2) and shall be considered an agent of the
				licensee as prescribed in
				R 436.1011.
(b) The licensee shall submit a copy of the
				participation agreement with the application. The agreement shall include the
				term of the agreement and the percent or amount of sales to be received by the
				non-licensed person.
(c) The
				non-licensed person or spouse is not ineligible to be issued a license under
				section 523(1) of 1998 PA 58, MCL
				436.1523(1).
(d) The licensee makes application and either
				cancels an existing participation permit or receives approval by the commission
				for a new participation permit before adding or deleting any participating
				non-licensed person. For the purposes of this subrule, the addition or deletion
				of a participant shall not constitute a transfer of interest in a
				license.
(e) As used in this
				subrule, "non-licensed person" means a person as defined in section 111(1) of
				1998 PA 58, MCL
				436.1111(1).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1045 - Dispensing equipment, furniture, or fixtures

Current through Vol. 24-12, July 15, 2024
Rule 45.
(1) A
				manufacturer, an outstate seller of beer or wine, or a wholesaler shall not
				sell, give, or otherwise furnish dispensing equipment, furniture, or fixtures
				to a retail licensee, except upon written order of the commission or as
				provided by
				R
				436.1611(3).
(2) A retail licensee shall not purchase,
				receive, or otherwise accept dispensing equipment or components, furniture, or
				fixtures from a manufacturer, an outstate seller of beer or wine, or a
				wholesaler, except upon written order of the commission or as provided by
				R
				436.1611(3).
(3) A manufacturer, wholesaler, or retail
				licensee who sells alcoholic liquor to a special licensee may provide the
				special licensee with draft beer-dispensing equipment or cooling equipment for
				use by the special licensee during the effective period of the special
				license.
(4) A licensee shall not
				allow on the licensed premises, any vending machine, whether or not operated by
				coin or currency, that dispenses a type of alcoholic liquor directly to a
				customer. This subrule does not apply to any of the following:
(a) A dispensing machine, commonly known as
				an "in-room bar device", whether or not operated by coin or currency, and that
				is located in the bedrooms or suites of licensed hotels.
(b) A dispensing machine that is located at
				an on-premises licensed establishment under all of the following conditions:
(i) The dispensing machine does not dispense
				more than 96 ounces of beer or wine in a single order.
(ii) The dispensing machine is located at a
				patrons table or booth only.
(iii)
				The dispensing machine does not dispense spirits or mixed spirit
				drink.
(iv) The patron of the
				establishment ordered the beer or wine from the clerk, servant, agent, or
				employee of the licensee that verified the patrons legal age and determined the
				patron can otherwise be served an alcoholic beverage.
(v) The licensee does not sell, offer to
				sell, or advertise the sale of an unlimited quantity of beer or wine from the
				dispensing machine.
(vi) The
				licensee monitors the sale, service, and consumption of beer or wine from the
				dispensing machine to ensure compliance with the act and rules
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1047 - Return of licenses and permits

Current through Vol. 24-12, July 15, 2024
Rule 47. A licensee who ceases active operation of the
				  licensed business for a period of more than 30 days shall return all current
				  licenses and permits to the commission to be placed into escrow. The license or
				  licenses that the licensee returns under this rule shall be the actual license
				  printed and issued by the commission and not a copy of the actual license
				  printed and issued by the commission. For purposes of this rule, "ceases active
				  operation" does not include seasonal businesses that are both of the
				  following:
(a) In compliance with the
				requirements of section 535 of the act, MCL
				436.1535.
(b) Considered seasonal employers under
				section 27(o)(9)(d) of 1936 PA 1, MCL
				421.27(o)(9)(d).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1048 - Renewal of licenses

Current through Vol. 24-12, July 15, 2024
Rule 48.
(1) A
				license, and any permits or approvals, shall be renewed each year by April 30
				following the date of issuance.
(2)
				The licensee has a continuing duty to provide the commission with up-to-date
				contact information and must notify the commission in writing of any changes to
				its mailing address, phone numbers, electronic mail address, and other contact
				information it provides the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1049 - Transfer of license or corporate stock while an alleged violation is pending final disposition

Current through Vol. 24-12, July 15, 2024
Rule 49.
(1) If the
				licensee has been cited in a violation report, a transfer of a license shall
				not be completed before final disposition of the alleged violation.
(2) If the licensee has been cited in a
				violation report, a transfer of more than 10% in the aggregate of the stock of
				a licensed corporation or a transfer of 10% or more in the aggregate of the
				membership in a limited liability company shall not be completed before final
				disposition of the alleged violation.
(3) A licensee shall not transfer a license,
				transfer an interest in a license, or remove a license from escrow with the
				commission until that licensee has paid all outstanding fines, fees, or charges
				levied by the commission, except upon prior written order of the
				commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1050 - Approval orders; cancellations

Current through Vol. 24-12, July 15, 2024
Rule 50. If the commission approves an application, the
				  approval is valid for 2 years from the date of the commission approval order.
				  If the applicant or licensee has not met all the requirements set forth in the
				  commission approval order within 2 years from the date of the approval order,
				  then the approval order is vacated unless the commission has been provided with
				  a notice of pending litigation involving the application. The person whose
				  approval is vacated may submit a new application.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1051 - Notice of changes affecting control of privately held corporation or limited liability company

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) A
				privately held licensed corporation shall immediately notify the commission, in
				writing, of changes made in its officers or directors or of amendments made to
				the articles of incorporation.
(2)
				A limited liability company shall immediately notify the commission, in
				writing, of changes made in its managers or assignees or of amendments made to
				the articles of organization, operating agreement, or bylaws.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1053 - Proof of loss or destruction of a license or permit

Current through Vol. 24-12, July 15, 2024
Rule 53.
(1) To
				prove the loss or destruction of a license or permit, a licensee shall make a
				written statement as to the loss or destruction and shall file it with the
				commission.
(2) The written
				statement shall include a detailed description of the circumstances concerning
				the loss or destruction of the license or permit and shall be accompanied by
				any remaining part of the license.
(3) The written statement shall be signed by
				the licensee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1055 - Sale of alcoholic liquor below cost prohibited; exception

Current through Vol. 24-12, July 15, 2024
Rule 55. A retail licensee shall not sell alcoholic liquor to
				  a customer for less than the cost of the alcoholic liquor to the retail
				  licensee, except upon prior written commission order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1059 - Dishonored payment

Current through Vol. 24-12, July 15, 2024
Rule 59.
(1) A
				licensee, or the clerk, servant, agent, or employee of a licensee, shall not
				make payment to the commission or the state of Michigan by any means that will
				be dishonored by a financial institution for lack of sufficient funds or for
				any other reason.
(2) If a licensee
				makes 5 or more dishonored payments under subrule (1) of this rule in a
				24-month consecutive period, then the commission shall, in a written order,
				require the licensee to make payments to the commission by cash or other means
				required by the commission for a period of not less than 6 months.
(3) If a licensee received an order from the
				commission issued under subrule (2) of this rule, and the licensee then makes
				any additional dishonored payments within 36 months from the last dishonored
				payment, then the commission shall require the licensee, in a written order, to
				make payments to the commission by cash or other means required by the
				commission for a period of not less than 6 months for each subsequent
				dishonored payment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1060 - Server training; requirements

Current through Vol. 24-12, July 15, 2024
Rule 60.
(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) If
				the commission conditionally approves the issuance of a license for the purpose
				of meeting the server training requirements of that approval, then the time
				period allowed for meeting the server training requirements shall commence on
				the date the license is issued.
(3)
				An administrator of a server training program approved by the commission shall
				administer a comprehensive examination to participants of the program,
				including individuals seeking certification as instructors within the program.
				The examination shall thoroughly test the individual's knowledge and competency
				in the curriculum topics required by section 906(6) of the act. The minimum
				passing grade for the examination, for instructor certification, and for all
				other participants in the program shall be not less than 70%, but shall be not
				less than 85% for instructors if administered the same examination as other
				participants in the program. Examinations administered in other than a written
				form must be approved by the commission. Examination may be proctored by
				someone other than a certified instructor of the server training program if the
				proctor is an agent of the administrator of the server training program and is
				acceptable to the commission.
(4)
				If server training or instructor training is conducted by the administrator of
				a server training program approved by the commission by means other than
				classroom training, then the alternative training method must first be approved
				by the commission.
(5)
				Certification issued by the administrator of an approved server training
				program for instructors and other participants shall expire not more than 3
				years from the date of issuance.
(6) A licensee, for purposes of meeting the
				requirements of section 906(10) of the act, shall have employed or have present
				on the licensed premises on each shift and during all hours alcoholic liquor is
				served supervisory personnel who maintain active, unexpired server training
				certification or current recognition by a server training program approved by
				the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1061 - Grounds for suspension or revocation of a permit or privilege

Current through Vol. 24-12, July 15, 2024
Rule 61. Any permit issued to a licensee by the commission or
				  any privilege granted to a licensee by the commission may be revoked or
				  suspended by the commission or a hearing commissioner, after due notice and
				  proper hearing, if the licensee or the establishment no longer qualifies for
				  the permit or the privilege or if the licensee is found to be in violation of
				  the act or a commission rule which directly pertains to the permit issued or
				  the privilege granted.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1062 - Facsimile and electronic transmissions

Current through Vol. 24-12, July 15, 2024
Rule 62.
(1) The
				commission may accept documents and filings, including documents and filings
				requiring signature, by facsimile (fax) communication equipment, or other
				electronic means, if the documents and filings are transmitted in accordance
				with this rule and pursuant to procedures for fax transmissions or
				communications by other electronic means that the commission may establish by
				prior written order.
(2) All
				documents and filings submitted under this rule shall be on 8&frac12 inch x
				11 inch standard paper and shall be legible.
(3) A special license, as defined in section
				111(11) of the act, MCL
				436.1111(11),
				may be transmitted by facsimile or other electronic means to the special
				licensee for use and display during the effective dates of the license for good
				cause shown.
(4) The commission may
				transmit a license or permit, other than a special license, to a licensee by
				facsimile or other electronic means for good cause shown if the facsimile or
				other copy of the license bears an expiration date that allows its use and
				display for a maximum of 20 business days after the actual license or permit is
				mailed to the licensee.
(5) The
				commission shall not transmit a license or permit by facsimile or other
				electronic means to a licensee unless all required documents have been received
				in the commission's Lansing office and all applicable fees for the license or
				permit, or both, have been paid.
(6) Documents and filings received by the
				commission under this rule after 4 p.m. are considered filed on the next
				business day.
(7) A cover sheet
				shall accompany any facsimile transmission to the commission.
The cover sheet shall include all of the following
				  information:
(a) The name, electronic
				mail address, facsimile number, and telephone number of the sender.
(b) The title or description of the document
				or filing being transmitted.
(c)
				Any application or file number pertaining to the document or filing being
				transmitted.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Liquor Control Commission General Rules › Section R. 436.1063 - Rescissions

Current through Vol. 24-12, July 15, 2024
Rule 63. R 436.1 to R 436.4, R 436.6 to R 436.18, R 436.19(1)
				  to R 436.41, R 436.51 to R 436.64, R 436.66 to R 436.67(2), R 436.69 to R
				  436.81, R 436.91 to R 436.126, R 436.544, R 436.601,
				  R
				  436.1101,
				  R
				  436.1301,
				  R
				  436.1701, and
				  R
				  436.1851 of the Michigan Administrative Code,
				  appearing on pages 4484 to 4506, 4509, 4511, 4520, 4529, and 4538 of the 1979
				  Michigan Administrative Code, and pages 153 to 155 of Quarterly Supplement No.
				  1 to the 1979 Michigan Administrative Code, are rescinded.