reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Wine › Section R. 436.1749 - Rescissions

Current through Vol. 24-12, July 15, 2024
Rule 49. The following rules are rescinded:
(a) Rule 19 of the rules entitled "Retail
				Licensees Selling Alcoholic Beverages for Consumption on the Premises," being R
				436.19 of the Michigan Administrative Code, and appearing on page 5306 of the
				1954 volume of the Code.
(b) Rule
				15 of the rules entitled "Retail Licensees Selling Beer and Wine for
				Consumption off the Premises," being R 436.65 of the Michigan Administrative
				Code, and appearing on page 5310 of the 1954 volume of the Code.
(c) Rules entitled "Manufacture, Importation,
				Transportation, Standards of Identity and Quality, Labeling, Possession and
				Sale of Wines," being R 436.251 to R 436.422 of the Michigan Administrative
				Code, and appearing on pages 5333 to 5370 of the 1954 volume of the
				Code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1802 - Authorized distribution agents generally

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) As used
				in this rule, "authorized distribution agent" means a person who has entered
				into a contractual relationship with 1 or more manufacturers or suppliers of
				spirits or with another authorized distribution agent for warehousing or
				distribution, or both, of spirits and who has been certified, in writing, by
				the commission, to act as the commission's agent for the warehousing and
				distribution of spirits to retail licensees of the commission.
(2) A person shall apply for certification as
				an authorized distribution agent to the commission in Lansing on forms, and in
				the manner, approved by the commission.
(3) An applicant for certification as an
				authorized distribution agent shall provide both of the following to the
				commission:
(a) A technical plan for the
				importation, transportation, warehousing, and delivery of spirits in this
				state.
(b) Any information or
				documentation required by the commission relating to the honesty and integrity
				of any applicant or any principal in the corporation, company, association,
				limited liability company, or partnership applying for certification as an
				authorized distribution agent.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1805 - Equipment

Current through Vol. 24-12, July 15, 2024
Rule 5. A manufacturer of spirits shall possess the necessary
				  equipment for a satisfactory operation which shall be maintained in good
				  working order and in a sanitary condition. The commission may establish
				  specific equipment requirements by written order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1809 - Sellers of alcohol

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A seller
				of alcohol license is required for the sale of alcohol in this state.
(2) A seller of alcohol license shall be
				issued, pursuant to the act and commission rules, to the following:
(a) A person who is the holder of the
				required basic permit issued under the federal alcohol administration
				act.
(b) A person who has paid the
				annual license fee and furnished the surety bond set by written order of the
				commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1811 - Industrial manufacturers

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) An
				industrial manufacturer license is required to secure alcohol and bulk
				alcoholic liquors for exclusive use in manufacturing products for nonbeverage
				purposes.
(2) An industrial
				manufacturer license shall be issued, pursuant to the act and commission rules,
				to the following:
(a) A person who is the
				holder of the required basic permit issued under the federal alcohol
				administration act.
(b) A person
				who has paid the annual license fee and furnished the surety bond set by
				written order of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1813 - Limited alcohol buyers

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) A
				limited alcohol buyer license is required to secure alcohol for medicinal,
				mechanical, chemical or scientific purposes.
(2) A limited alcohol buyer license shall be
				issued, pursuant to the act and commission rules, to a person who has paid the
				annual fee set by written order of the commission.
(3) A limited alcohol buyer licensee shall
				buy alcohol only from the commission or from a licensee of the
				commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1815 - Transportation

Current through Vol. 24-12, July 15, 2024
Rule 15. Railroads, steamship lines, express companies, and
				  common carriers of other transporting companies are prohibited from accepting
				  or delivering spirits to any person in this state except in accordance with the
				  following:
(a) A copy of a release
				approved by a representative of the commission shall accompany the bill of
				lading for shipments of spirits made to a person or licensee in this
				state.
(b) A release is not
				required when bottled spirits are shipped with a bill of lading addressed to or
				in care of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1817 - Warehouse receipts

Current through Vol. 24-12, July 15, 2024
Rule 17. A person shall not sell, offer for sale or in any
				  manner assign or transfer in this state warehouse receipts for spirits,
				  wherever the spirits are located, except as follows:
(a) An isolated transaction in which a
				warehouse receipt for spirits is sold, offered for sale or delivered by a bona
				fide owner or pledgee thereof, such sale or offer for sale or delivery not
				being made in the course of repeated or successive transactions of a like
				character by the owner or pledgee, and the owner or pledgee not being a dealer
				or issuer or salesman of such warehouse receipts.
(b) A sale of warehouse receipts for spirits
				by a manufacturer.
(c) A sale made
				to a bank, trust company, insurance company, or broker or dealer in warehouse
				receipts for spirits.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1819 - Prohibited acts by licensees

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) A
				licensee shall not fail, neglect or refuse to make a report required by these
				rules or refuse to permit commission representatives to examine his books,
				federal tax stamps, records, invoices or other papers pertaining thereto, or
				any stock of spirits in his possession or custody, or make an incomplete, false
				or fraudulent report or do anything to avoid a full disclosure of the amount of
				spirits subject to tax.
(2) A
				licensee shall not falsely label a container in which spirits are placed for
				sale, or use or give a false or fictitious name, or use or give a false or
				fictitious address in an application or form required by these rules, or
				otherwise commit a fraud in an application, record or report.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1821 - Damaged goods

Current through Vol. 24-12, July 15, 2024
Rule 21. No rebates, refunds or adjustments on broken
				  containers, damaged goods, or for other reasons, shall be made by a licensee to
				  any other licensee except by written order of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1823 - Rescissions

Current through Vol. 24-12, July 15, 2024
Rule 23. The following rules are rescinded:
(a) The rules entitled "Rules and Regulations
				Governing Vendors and Agents Engaged in the Promotion of the Sale of Distilled
				Spirits in the State of Michigan," being R 436.131 to R 436.141 of the Michigan
				Administrative Code, and appearing on page 5319 of the 1954 volume of the
				Code.
(b) Rules entitled
				"Regulations for the Sale and Control of Alcohol, Spirits, Cologne Spirits,
				Whiskies, Brandies, High Wines, Low Wines for Beverage, Nonbeverage,
				Industrial, Medicinal, Mechanical, Chemical, Scientific and Tax Free Purposes,"
				being R 436.431 to R 436.439 and R 436.450 of the Michigan Administrative Code,
				and appearing on pages 5371 to 5375 of the 1954 volume of the Code. (c) Rule 6
				of the rules entitled "Wines," being
				R
				436.1706 of the Michigan Administrative Code and
				appearing on page 5788 of the 1970-71 Annual Supplements to the Code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1825 - Adoption by reference of federal standards of identity for spirits

Current through Vol. 24-12, July 15, 2024
Rule 25. The federal standards of identity, published at 27
				  C.F.R. part 5, subpart C,§§§ 5.21 to 5.23, of 1935, as amended,
				  are adopted by reference in these rules as the standards of identity for the
				  classes and types of bottled spirits. Copies of the adopted standards 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 [File Link Not Available] 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 [File Link Not Available]. Copies of these
				  provisions may also be obtained from the Liquor Control Commission, Department
				  of Licensing and Regulatory Affairs, Secondary Complex, 7150 Harris Drive, P.O.
				  Box 3005, Lansing, Michigan 48909, at a cost of $43.00 each as of the time of
				  adoption of these rules. The commission may establish other standards by
				  written order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1827 - Adoption by reference of federal distilled spirit regulations

Current through Vol. 24-12, July 15, 2024
Rule 27. A manufacturer of spirits shall manufacture spirits
				  under the federal distilled spirit regulations published at 27 C.F.R. part 19,
				  §§ 19.1 to 19.792, of 1935, as amended, which are adopted in these
				  rules by reference. Copies of the adopted provisions may be obtained from the
				  Superintendent of Documents, United States Government Printing Office,
				  Washington, DC 20402, at a cost as of the time of adoption of these rules of
				  $49.00. Copies of these provisions may also be obtained from the Liquor Control
				  Commission, Department of Consumer and Industry Services, Secondary Complex,
				  7150 Harris Drive, P.O. Box 30005, Lansing, Michigan 48909, at a cost as of the
				  time of adoption of these rules of $55.00 each.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Spirits › Section R. 436.1829 - Labels and advertising

Current through Vol. 24-12, July 15, 2024
Rule 29. The sale of spirits is prohibited in this state
				  unless all of the following provisions are complied with:
(a) The spirit is packaged, marked, branded,
				and labeled in accordance with these rules.
(b) The spirit label truthfully describes the
				contents of the container in accordance with these rules and the federal
				distilled spirit regulations published at 27 C.F.R. part 5, subpart C, of 1935,
				as amended, which are adopted by reference in
				R 436.1825.
(c) A vendor of spirits shall furnish proof
				upon request that a valid certificate of approval for the label has been
				obtained and is unrevoked under the federal labeling requirements at 27 C.F.R.
				part 5, subpart C, of 1935, as amended, which are adopted by reference in
				R 436.1825.
(d) The commission has issued a registration
				number of approval for the spirits.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Vendor Representative and Salesperson › Section R. 436.1853 - Licenses

Current through Vol. 24-12, July 15, 2024
Rule 53.
(1) A
				vendor of spirits, manufacturer of beer, manufacturer of wine, outstate seller
				of beer, outstate seller of wine, or wholesaler shall not employ a person to
				sell, deliver, promote, or otherwise assist in the sale of, alcoholic liquor in
				this state unless the person is licensed by the commission as a vendor
				representative or salesperson and issued an identification card.
(2) The commission shall set the license fee
				for a vendor representative or salesperson by written order. A license is
				renewable on May 1, 1975, and every 3 years thereafter.
(3) The commission shall set the license fee
				for a broker by written order. A license fee for a broker shall be the same as
				for a salesperson license.
(4) A
				person shall not sell alcoholic liquor to the commission unless represented by
				a licensed vendor representative.
(5) A vendor representative shall obtain a
				separate license for each vendor of spirits represented.
(6) A person shall be not less than 18 years
				of age before being issued a license.
(7) This rule does not require a driver
				helper to be licensed as a salesperson if the driver helper is accompanied by a
				licensed salesperson and is assisting the licensed salesperson only in the
				delivery of alcoholic beverage product.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Vendor Representative and Salesperson › Section R. 436.1855 - Identification cards

Current through Vol. 24-12, July 15, 2024
Rule 55.
(1) A
				vendor representative or salesman shall show his commission identification card
				upon request of a commission representative or law enforcement
				officer.
(2) A vendor
				representative or salesman shall show his commission identification card upon
				request before offering for sale or selling alcoholic liquor to a retail
				licensee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Vendor Representative and Salesperson › Section R. 436.1859 - Prohibited acts

Current through Vol. 24-12, July 15, 2024
Rule 59.
(1) A
				vendor representative, salesperson, or driver helper shall not do any of the
				following::
(a) Grant, allow, pay, or rebate
				cash or any other thing of value to a licensee or an agent, clerk, or employee
				of a licensee, except upon written order of the commission.
(b) Purchase or deliver spirits to retail
				licensees, except for a salesperson or driver helper who delivers spirits in
				the normal course of his or her duties for an authorized distribution
				agent.
(c) Deliver beer or wine to
				retail licensees in vehicles not approved by the commission.
(d) Be employed by a retail licensee on a
				paid or any other basis.
(e)
				Furnish entertainment or a gratuity of any kind to commission employees. The
				word "entertainment" does not include normal business meals.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Vendor Representative and Salesperson › Section R. 436.1861 - Promotions

Current through Vol. 24-12, July 15, 2024
Rule 61.
(1) A
				brewer, a vendor of spirits, a wine maker, an outstate seller of beer, an
				outstate seller of wine, or a licensed wholesaler of beer or wine shall not do
				either of the following:
(a) Participate in
				or conduct any event, contest, activity, or undertaking on the campus of any 2-
				or 4-year college or university located in this state which is designed to
				promote the sale or consumption of any alcoholic liquor.
(b) Participate in or conduct any event,
				contest, activity, or undertaking off the campus of any 2- or 4-year college or
				university located in this state if the event, contest, activity, or
				undertaking is organized or sponsored by any student group which has a majority
				of members who are under the legal age for consumption of alcoholic
				liquor.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Vendor Representative and Salesperson › Section R. 436.1863 - Samples

Current through Vol. 24-12, July 15, 2024
Rule 63.
(1) A
				sample of alcoholic liquor shall have affixed on a separate label or on the
				commercial label the word "Sample" at least 1/2 inch high.
(2) Only 1 open sample bottle or can of
				alcoholic liquor may be given to a retail licensee for his personal
				sampling.
(3) A vendor of spirits,
				manufacturer of beer, manufacturer of wine, outstate seller of wine, outstate
				seller of beer, vendor representative, salesman or other licensees shall not
				assist in the violation of the liquor control act or commission
				rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Vendor Representative and Salesperson › Section R. 436.1865 - Expenses and expense records

Current through Vol. 24-12, July 15, 2024
Rule 65.
(1) A
				vendor representative and salesperson of a vendor of spirits, manufacturer of
				beer, manufacturer of wine, outstate seller of beer, outstate seller of wine or
				wholesaler shall maintain an accurate record of expenditures for each call on a
				retail licensee. These records shall be maintained for 4 years and be available
				for commission inspection.
(2) A
				vendor representative or salesperson of spirits or wine, for promotional
				purposes, may purchase 1 drink for each customer of an on-premises retail
				licensee only. The drink purchased shall be of the brand represented by the
				vendor representative or salesperson.
(3) A vendor representative or salesperson of
				a manufacturer of beer, a wholesaler of beer or an outstate seller of beer, for
				promotional purposes, may purchase 1 drink for each customer of an on-premises
				retail licensee subject to a total spending limit of $50.00 per day. The drinks
				purchased shall be of the brand represented by the vendor representative or
				salesperson.
(4) A vendor
				representative or salesperson of a manufacturer of beer, a wholesaler of beer
				or an outstate seller of beer shall not purchase drinks, as described in
				subrule (3) of this rule, more than twice per month at the same on-premises
				retail licensed location.
(5) A
				licensee employed to deliver alcoholic liquor shall not purchase drinks of
				alcoholic liquors for a retail licensee while on duty or in the course of
				employment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Vendor Representative and Salesperson › Section R. 436.1869 - Rescissions

Current through Vol. 24-12, July 15, 2024
Rule 69. The rules of the commission entitled "Rules and
				  Regulations Governing the Relationship between Licensed Manufacturers,
				  Wholesalers of Alcoholic Liquors, Their Sales Representatives and Retail
				  Licensees," being R 436.521 to R 436.534, R 436.549 to R 436.555, R 436.558, R
				  436.560 and R 436.570 of the Michigan Administrative Code and appearing on
				  pages 5383 to 5384 and 5386 to 5388 of the 1954 volume of the Code are
				  rescinded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1901 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means 1998 PA 58,
				MCL 436.1101 et seq.
(b) "Duly
				authorized agent" means a person designated by the chairperson pursuant to
				sections 903(3) and (4) of the act to hear violation cases.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1903 - Hearings; transcripts

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) All
				hearings shall be open to the public.
(2) A copy of the transcript of the testimony
				taken at a hearing before the commission shall be available upon written
				request to the commission and payment of the commission's prescribed fees which
				shall be set by written order of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1905 - Violations; violation report; complaint; notice of hearing

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Alleged
				violations of the act or commission rules shall be stated on a violation report
				form and shall be submitted to the executive services division of the
				commission.
(2) A complaint
				specifying the particular section of the act or commission rules allegedly
				violated by the licensee may be prepared for the licensing and enforcement
				division at the direction of an assistant attorney general.
(3) Each complaint shall be assigned a number
				which shall be placed on all papers filed in the proceedings.
(4) The complaint shall be served by the
				executive services division on the licensee in person or by mail to the
				licensed address not less than 20 days before the scheduled hearing date. The
				licensed address shall be the address of the licensed establishment unless the
				licensee has submitted, in writing, to the commission, a different address for
				the receipt of mail. The complaint shall advise the licensee of the licensee's
				right to request a copy of the violation report.
(5) Notice of hearing on a complaint which
				indicates the date scheduled for the hearing shall be served by executive
				services division on the licensee at the address of the licensee as specified
				in subrule (4) of this rule not less than 10 days before the date of
				hearing.
(6) The hearing notice
				shall advise the licensee of the licensee's right to be represented by an
				attorney at the hearing.
(7) The
				complaint and notice of hearing on the complaint shall be substantially in
				accordance with forms prescribed by the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1907 - Waiver of hearing; acknowledgment of violation

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				licensee who is cited in a complaint for an alleged violation of the act or
				commission rules may waive the right to a hearing on the complaint and
				acknowledge the violation or violations specified in the complaint.
(2) The waiver and acknowledgment constitute
				an authorization to the hearing commissioner or duly authorized agent to enter,
				without a hearing, an order which the hearing commissioner or duly authorized
				agent deems appropriate.
(3) The
				waiver of the right to hearing and acknowledgment of the violation shall be on
				the reverse side of the complaint form and as prescribed by the commission. The
				waiver and acknowledgment form shall provide that the licensee may explain, on
				a separate sheet of paper, any mitigating circumstances which the licensee
				believes should be considered in disposing of the violation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1909 - Violation hearing

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A
				hearing commissioner or duly authorized agent designated by the chairperson
				shall conduct the violation hearing on the complaint. Findings of fact,
				conclusions of law, and an order shall be mailed to the licensee and the
				licensee's attorney of record within 45 days after the completion of the
				hearing, except upon written order of the commission extending the time
				period.
(2) In violation hearings
				where the licensee is not represented by an attorney-at-law, the hearing
				commissioner or duly authorized agent designated by the chairperson shall open
				the hearing by advising the licensee of both of the following rights:
(a) The right to present evidence.
(b) The right to cross-examine commission
				witnesses.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1910 - Violation rehearing

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) After a
				violation hearing, a licensee who alleges new evidence may request a rehearing
				before the hearing commissioner or duly authorized agent who issued the
				original order. A request for a rehearing shall be submitted in writing to the
				commission in Lansing within 20 days after the date of the mailing of the
				original order.
(2) If a request
				for a rehearing in a violation matter is granted by the hearing commissioner or
				duly authorized agent, then the licensee or the licensee's attorney of record
				shall be notified of the rehearing not less than 10 days before the date of the
				rehearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1911 - Costs

Current through Vol. 24-12, July 15, 2024
Rule 11. If the hearing commissioner renders a decision that
				  a violation occurred, then the hearing commissioner or duly authorized agent
				  may assess actual costs of the proceeding against the
				  licensee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1913 - Personal appearance of licensee

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) At
				least 1 of the following entities shall personally appear at a violation
				hearing, as applicable:
(a) The individual
				licensee.
(b) A
				co-licensee.
(c) A partner of a
				partnership licensee.
(d) An
				officer of a corporate licensee.
(e) A member or manager of a limited
				liability company.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1915 - Failure to personally appear at violation hearings

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) If a
				proper appearance by a licensee is not made at a scheduled violation hearing in
				accordance with
				R
				436.1913, then the presiding hearing commissioner or
				duly authorized agent may do any of the following:
(a) Grant an adjournment without testimony
				being taken.
(b) Order testimony
				taken and then adjourn the proceedings until rescheduled.
(c) Order the immediate suspension of the
				license until a proper appearance is made at a rescheduled hearing.
(d) Issue a decision of default.
(e) Proceed with the hearing and render a
				decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1917 - Violation appeal hearings; appeal board

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A
				licensee aggrieved by an order of a hearing commissioner or duly authorized
				agent as a result of a complaint may request a violation appeal hearing which
				may be granted at the discretion of the appeal board.
(2) The violation appeal board consists of
				the 3 administrative commissioners who shall conduct violation appeal
				hearings.
(3) A request for a
				violation appeal hearing shall identify the date of the violation hearing, the
				order which was issued as a result of the violation hearing, and the licensee's
				reasons for requesting an appeal.
(4) The request for a violation appeal
				hearing shall consist of 4 copies which shall be sent, by certified mail, to
				the Lansing office of the commission accompanied by a check or money order for
				$25.00 within 20 days from the date of the mailing of the order from which the
				appeal is taken.
(5) An appeal
				based on a claim of error shall specify all findings of fact and conclusions of
				law claimed to be erroneous, with a brief statement of the grounds for claiming
				error.
(6) A request for a
				violation appeal hearing, which is sent to the commission after 20 days from
				the date of the mailing of the order from which the appeal is taken, may be
				granted by the commission if the delay is not due to the culpable negligence of
				the licensee appellant.
(7) An
				answer to a request for an appeal from a violation may be prepared by an
				assistant attorney general before the date of the appeal hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1919 - Appeal notice

Current through Vol. 24-12, July 15, 2024
Rule 19. If a request for a violation appeal hearing is
				  granted, the appeal board shall notify the licensee, or the licensee's attorney
				  of record, of the appeal hearing not less than 10 days prior to the date of the
				  appeal hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1921 - Violation appeal hearings; burden of proceeding

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1)
				Violation appeal hearings which are granted by the appeal board shall be
				limited to the official record of the original hearing.
(2) In violation appeal hearings, the
				licensee has the burden of proceeding with reasons and arguments for revision
				or reversal of the order of the hearing commissioner or duly authorized
				agent.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1923 - Violation appeal hearing decision

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) The
				decision of the appeal board on a violation appeal hearing shall be mailed to
				the licensee and the licensee's attorney of record within 30 days after the
				hearing, except upon written order of the commission extending the time
				period.
(2) The decision of the
				appeal board shall be in writing and shall do 1 of the following:
(a) Affirm the order of the hearing
				commissioner or duly authorized agent.
(b) Modify the order of the hearing
				commissioner or duly authorized agent.
(c) Rescind the order of the hearing
				commissioner or duly authorized agent.
(d) Remand the case back to the hearing
				commissioner or duly authorized agent who issued the original order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1925 - Hearings on matters other than violations

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) The
				commission, on its own motion, may order a hearing on a matter within its
				jurisdiction.
(2) Applications for
				a license issued under the act or commission rules shall be reviewed by the
				administrative commissioners. If a license application is denied, then the
				aggrieved license applicant may request an appeal hearing, and the commission
				shall grant the hearing. The request shall be made to the Lansing office of the
				commission within 20 days from the date of the mailing of the decision of
				denial.
(3) The chairperson may
				designate 1 or more commissioners to hear matters other than a violation of the
				act or commission rules.
(4) In a
				hearing on matters other than a violation of the act or commission rules, the
				commission may determine which party has the burden of proceeding.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1927 - Filing of papers

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) All
				documents and papers pertaining to a hearing or appeal hearing shall be filed
				at the Lansing office of the commission.
(2) The presiding commissioner may allow
				papers to be filed at a hearing or appeal hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1929 - Subpoena

Current through Vol. 24-12, July 15, 2024
Rule 29.
(1) On
				written application, the commission or the authorized agent of the commission
				shall issue a subpoena requiring the attendance of witnesses at the time and
				place of hearing or appeal hearing. Subpoena and witness fees shall be set by
				written order of the commission.
(2) The application for subpoena shall
				indicate the name and address of the witness. The person requesting the
				issuance of the subpoena is responsible for the service of the
				subpoena.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1931 - Postponements; continuances

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1)
				Requests for postponements shall be made in writing not less than 2 working
				days before the violation hearing or appeal hearing date unless waived by a
				commissioner or duly authorized agent. The written request may be granted by a
				commissioner or a duly authorized agent of the commission.
(2) Requests for continuance for cause may be
				granted by the presiding commissioner or duly authorized agent at the hearing
				or appeal hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1933 - Attorney-at-law

Current through Vol. 24-12, July 15, 2024
Rule 33. In addition to the appearance required by
				  R
				  436.1913, a licensee or an aggrieved license applicant
				  may be represented at a hearing by a licensed attorney-at-law in good standing
				  in this state. The attorney shall file a written appearance with the commission
				  before or at the time of the hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Hearing and Appeal Practice › Section R. 436.1935 - Rescissions

Current through Vol. 24-12, July 15, 2024
Rule 35. The following rules are rescinded:
(a) Rules entitled "Rules of Procedure on
				Appeal to the Appeal Board," being R 436.701 to R 436.711 of the Michigan
				Administrative Code and appearing on pages 1526 and 1527 of the 1960 Annual
				Supplement to the Code.
(b) Rules
				entitled "Rules of Practice and Hearing Procedure Upon Violations," being R
				436.751 to R 436.767 of the Michigan Administrative Code and appearing on pages
				1527 to 1531 of the 1960 Annual Supplement to the Code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Church and School Hearings › Section R. 436.1951 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules "act" means 1998 P.A. 58, MCL
				  436.1101 et seq.
An obvious error in R
				  436.1951 was corrected at the request of the promulgating agency, pursuant to
				  Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
				  containing the error was published in Annual Administrative Code Supplement,
				  2003. The memorandum requesting the correction was published in Michigan
				  Register, 2003 MR 11
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Church and School Hearings › Section R. 436.1953 - Notice of application and proposed location

Current through Vol. 24-12, July 15, 2024
Rule 3. If the commission determines through investigation
				  that the proposed location of an applicant is within 500 feet of a church or
				  school, as defined in section 107(7) or 111(8) of the act, the clergyman of the
				  church or superintendent of the school shall be notified of the application and
				  the proposed location if the applicant desires 1 of the following:
(a) A new license to sell alcoholic liquor
				for consumption on the premises or the transfer of location of an existing
				license to sell alcoholic liquor for consumption on the premises.
(b) A new specially designated distributor
				license or the transfer of location of an existing specially designated
				distributor license.
(c) A new
				specially designated merchant license in conjunction with a license to sell
				alcoholic liquor for consumption on the premises or the transfer of location of
				an existing specially designated merchant license in conjunction with a license
				to sell alcoholic liquor for consumption on the premises.
An obvious error in R
				  436.1953 was corrected at the request of the promulgating agency, pursuant to
				  Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
				  containing the error was published in Annual Administrative Code Supplement,
				  2003. The memorandum requesting the correction was published in Michigan
				  Register, 2003 MR 11
An obvious error in R 436.1953 was corrected at the request
					 of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended
					 by 2000 PA 262, MCL 24.256. The rule containing the error was published in
					 Annual Administrative Code Supplement , 2003. The memorandum requesting the
					 correction was published in Michigan Register, 2015 MR 11
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Church and School Hearings › Section R. 436.1955 - Filing of objection; copy to applicant; scheduling hearing

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) If the
				church or school objects to the issuance or transfer of location of the
				license, then the governing body of the church or school, by resolution, shall
				file the specific written objections with the Lansing office of the commission
				within 15 days of receipt of notification, unless granted additional time by
				the commission.
(2) Upon receipt of
				the objections, the commission shall send a copy of the objections to the
				applicant.
(3) The commission shall
				schedule a hearing pursuant to section 503 of the act within a reasonable
				period of time after receipt of the objections, unless the governing body of
				the church or school notifies the commission in writing that the objections
				have been resolved by the applicant and are being withdrawn.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Church and School Hearings › Section R. 436.1957 - Notice of hearing; basis for conduct of hearing

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				governing body of the church or school and the applicant shall receive notice
				of the hearing not less than 7 days before it is held.
(2) The hearing shall be conducted on the
				basis of the objections filed by the church or school.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Church and School Hearings › Section R. 436.1959 - Burden of proceeding, closing arguments

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) The
				commission may, in its discretion, determine which party will have the burden
				of proceeding. The representative of the church or school may make the final
				argument.
(2) The representative of
				the church or school shall be prepared to show that the church or school which
				is objecting meets the definition of section 107(7) or 111(8) of the
				act.
An obvious error in R
				  436.1959 was corrected at the request of the promulgating agency, pursuant to
				  Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
				  containing the error was published in Annual Administrative Code Supplement
				  2003. The memorandum requesting the correction was published in Michigan
				  Register, 2015 MR 6
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Church and School Hearings › Section R. 436.1961 - Hearing; procedures; findings of fact and conclusions of law

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				hearing shall be conducted pursuant to the procedures established for a
				contested case in Act No. 306 of the Public Acts of 1969, as amended, being
				S24.201 et seq. of the Michigan Compiled Laws.
(2) The commission shall make findings of
				fact and conclusions of law.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Church and School Hearings › Section R. 436.1963 - Granting of the waiver

Current through Vol. 24-12, July 15, 2024
Rule 13. The commission shall waive the provisions of section
				  503 of the act where the applicant shows by competent, material, and
				  substantial evidence that a waiver of section 503would not adversely affect the
				  operation of the church or school.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Declaratory Rulings › Section R. 436.1971 - Request for declaratory ruling; form; contents

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) An
				interested person, hereinafter called a petitioner, who requests a declaratory
				ruling as to the applicability to an actual state of facts of a statute, rule,
				or order administered, promulgated, or issued by the commission shall do so in
				writing to the Lansing office of the commission.
(2) The written request shall contain the
				relevant and material facts, along with a reference to the statute, rule, or
				order applicable.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Declaratory Rulings › Section R. 436.1973 - Declaratory ruling; notice of issuance; request for information or arguments; hearing

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Upon
				receipt of a request for a declaratory ruling, the commission shall have 30
				days within which to notify the petitioner if a declaratory ruling shall be
				issued.
(2) If the commission
				grants the request for a declaratory ruling, the commission:
(a) May request more information from the
				petitioner.
(b) May request
				information from other interested parties.
(c) May request information from experts
				outside the commission.
(d) May
				request oral or written arguments from interested parties.
(e) May hold a hearing upon proper notice to
				all interested parties.
(f) Shall
				issue its declaratory ruling within 90 days after the receipt of the initial
				request.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Declaratory Rulings › Section R. 436.1975 - Denial of request for declaratory ruling; reasons

Current through Vol. 24-12, July 15, 2024
Rule 5. If a request for a declaratory ruling is denied, the
				  commission shall issue a concise written statement of its principal reasons for
				  denial within 30 days of the denial.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2001 - "Securities" defined

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules, "securities" means any of the
				  following:
(a) Stocks or bonds
				registered by the securities and exchange commission or the office of financial
				and insurance services of the Michigan department of consumer and industry
				services which are offered for public sale in the state of Michigan and the
				values of which are regularly reported in a nationally recognized financial
				publication.
(b) Obligations of the
				United States, including bonds, notes, and bills.
(c) Obligations which are guaranteed fully as
				to principal and interest by the United States, except those requiring partial
				payment of principal.
(d) General
				obligations of the state of Michigan.
(e) Unlimited tax general obligation bonds of
				political subdivisions of the state which are payable directly from the levying
				of general ad valorem taxes without limitation as to rate or amount.
(f) An irrevocable trust which contains a
				guaranteed minimum corpus of $50,000.00, which has as trustee a financial
				institution registered in this state, and which provides for the state of
				Michigan as first beneficiary and claimant of a distribution of up to
				$50,000.00 from the trust to satisfy judgments arising from liability under
				section 801 of 1998 P.A. 58, MCL 436.1801.
(g) An irrevocable letter of credit or a
				certificate of deposit issued by a bank, savings bank, savings and loan
				association, or credit union which is licensed to do business in this state and
				which is pledged to the state of Michigan as first claimant for distribution of
				up to $50,000.00 to satisfy judgments arising from liability under section 801
				of 1998 P.A. 58, MCL 436.1801.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2003 - "Unencumbered securities" defined

Current through Vol. 24-12, July 15, 2024
Rule 3. As used in these rules, "unencumbered securities"
				  means securities that are free and clear of all liens and obligations,
				  including their use as collateral, and upon filing with the commission are
				  without claims or liabilities to third parties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2007 - Unencumbered securities; maintenance of value

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) Each
				retail licensee who provides to the commission cash or unencumbered securities
				as proof of financial responsibility shall maintain the value of the cash or
				unencumbered securities at not less than $50,000.00 during the entire period in
				which the license is in effect. Securities shall not be encumbered during any
				period in which they serve as proof of financial responsibility to the
				commission.
(2) The value of
				unencumbered securities shall be determined by the current market price as
				reported at the time of filing and thereafter in a nationally recognized
				financial publication or other reliable source as determined by the
				commission.
(3) If the market value
				of unencumbered securities provided to the commission as proof of financial
				responsibility falls below $50,000.00, the licensee shall immediately provide
				additional unencumbered securities or cash to the commission so as to restore,
				to not less than $50,000.00, the value of unencumbered securities and cash held
				by the commission. Failure to provide additional unencumbered securities or
				cash immediately shall result in the license being suspended until such time as
				additional unencumbered securities or cash has been provided to the
				commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2009 - Interest and dividends on cash and securities

Current through Vol. 24-12, July 15, 2024
Rule 9. Each retail licensee who deposits cash shall be
				  entitled to payment of interest at the rate of 1% below the average interest
				  rate earned by the state treasurer on short-term investments for each complete
				  month that the cash is held by the commission. Interest payments shall be made
				  quarterly. Any dividends or interest paid upon unencumbered securities and
				  received by the commission shall be immediately transmitted to the licensee or
				  licensee's agent.