DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH  
LIQUOR CONTROL COMMISSION  
OFF-PREMISE LICENSES  
(By authority conferred on the liquor control commission by section 215(1) of 1998  
PA 58, MCL 436.1215(1))  
R 436.1501 Definitions.  
Rule 1. The terms defined in R 436.1001 have the same meaning when used in  
these rules.  
History: 1980 AACS.  
R 436.1503 Hours and days of operation.  
Rule 3. An off-premises licensee shall not sell, give away, deliver, or furnish  
alcoholic liquor between the hours of 2 a.m. and 7 a.m. on any day or between the hours  
of 2 a.m. and 12 noon on Sunday and shall not sell, give away, deliver, or furnish spirits  
between the hours of 2 a.m. and 12 midnight on Sunday, unless issued a Sunday  
sales permit by the commission which allows the licensee to sell spirits on Sunday  
between the hours of 12 noon and 12 midnight.  
History: 1980 AACS.  
R 436.1505 Rescinded.  
History: 1980 AACS; 2003 AACS.  
R 436.1507 Stock of liquor.  
Rule 7. An off-premises licensee who is licensed to sell spirits shall carry a  
representative stock of all types of alcoholic liquor sold by the commission, which may  
be set by written order of the commission, and shall maintain a dollar amount of  
inventory of spirits, which may be set by written order of the commission.  
History: 1980 AACS.  
R 436.1509 Rescinded.  
History: 1980 AACS; 1984 AACS; 1991 AACS; 1998-2000 AACS.  
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R 436.1511 Open containers on licensed premises prohibited; exception;  
consumption of liquor on licensed premises prohibited; exception.  
Rule 11. (1) An off-premises licensee who is not licensed as an on-premises licensee  
shall not have any open containers of alcoholic liquor on the licensed premises,  
except for the following:  
(a) A defective or sample bottle or can.  
(b) A returnable container returned by a customer of the off-premises licensee  
for a refund of the deposit on the container.  
(c) A bottle or can containing alcoholic liquor to be used in the preparation of  
bakery or deli items by the employees of the off-premises licensee who also holds a  
Michigan department of agriculture food establishment license, if all of the following  
conditions are met:  
(i) The alcoholic liquor is used exclusively in the preparation of food products  
that are cooked or baked before consumption and, at the point of consumption, have an  
alcoholic content of less than ½ of 1%.  
(ii) The bottle or can is resealed and stored in a locked, separate storage  
compartment within the food preparation area when the contents are not being used in  
food preparation.  
(iii) The off-premises licensee maintains a clearly defined food preparation  
area on the licensed premises of not less than 500 square feet.  
(iv) The off-premises licensee has obtained the approval of the commission for the  
use of alcoholic liquor in the preparation of food on the licensed premises.  
(2) An off-premises licensee who is not licensed as an on-premises licensee shall not  
allow the consumption of alcoholic liquor on the licensed premises, except for the  
consumption of alcoholic liquor in sample bottles or cans. Only an off-premises  
licensee, or the clerk, servant, agent, or employee of the off-premises licensee, may  
consume the contents of a sample bottle or can on the licensed premises.  
History: 1980 AACS; 1998-2000 AACS.  
Editor's note: Pursuant to Section 56 of Act No. 306 of the Public Acts of 1969, as amended, being  
Section 24.256 of the Michigan Compiled Laws, this rule has been corrected at the request of the  
department to correct an obvious error. The rule contained a typographical eroor as published in the  
Michigan Register and filed with the Office of Great Seal. R 436.1511 (1)(c)(i) contained the word  
"exclusively" which should have read "exclusively".  
R 436.1513 Sample bottles or cans; removal.  
Rule 13. An off-premises licensee shall remove sample bottles or cans from the  
licensed premises within 24 hours of their receipt.  
History: 1980 AACS.  
R 436.1515 Sale and delivery of alcoholic liquor.  
Rule 15. (1) An off-premises licensee who is licensed to sell beer and wine shall  
not take orders for the sale of beer or wine and have the delivery of the beer or wine  
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made to the retail customer by a wholesaler, manufacturer of beer or wine, an outstate  
seller of beer or wine, or their  
licensed representatives or salesperson, without the prior written approval of  
the commission.  
(2) An off-premises licensee who is licensed to sell spirits shall not knowingly  
allow the delivery of spirits to a retail customer by a licensed representative or  
salesperson, unless the licensed representative or salesperson is acting on behalf of  
the retail customer.  
History: 1980 AACS.  
R 436.1517 Type of business; change; approval.  
Rule 17. An off-premises licensee shall not change the nature of business for  
which the license was issued by the commission without obtaining the prior written  
approval of the commission.  
History: 1980 AACS.  
R 436.1519 Soliciting, accepting, or receiving rebates, refunds, or  
adjustments from a person other than the commission for broken or  
defective containers prohibited.  
Rule 19. An off-premises licensee who is licensed to sell spirits shall not solicit,  
accept, or receive rebates, refunds, or adjustments for any broken or defective spirit  
containers, or case of containers, from a person other than the commission or an  
agent or employee of the commission.  
History: 1980 AACS.  
R 436.1521 Outdoor service prohibited; exception.  
Rule 21. An off-premises licensee shall not sell alcoholic liquor out-of-doors,  
except upon a written order of the commission.  
History: 1980 AACS.  
R 436.1523 Allowing consumption on licensee's property adjacent to licensed  
premises prohibited.  
Rule 23. An off-premises licensee shall not knowingly allow a person to consume  
alcoholic liquor on property which is owned, leased, or possessed by the licensee and  
which is adjacent to the licensed premises.  
History: 1980 AACS; 1998-2000 AACS.  
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R 436.1525 Sale by club licensee of liquor to nonmember prohibited.  
Rule 25. A club licensee who is also licensed with an off-premises license  
shall not sell alcoholic liquor to a nonmember.  
History: 1980 AACS.  
R 436.1527  
Delivery of liquor to person under 21 years of age  
prohibited; requirements for delivery of liquor to persons of legal age.  
Rule 27. (1) A licensee authorized to sell alcoholic liquor for consumption  
off the premises shall not make a delivery of alcoholic liquor to any person unless that  
person is 21 years of age.  
(2) A licensee authorized to sell alcoholic liquor for consumption off the  
premises who takes an order for alcoholic liquor from a purchaser for delivery to an  
individual or business at an address other than that of the person making the purchase  
may deliver or have delivered that alcoholic liquor to the residential or business  
address indicated by the purchaser making the order provided the individual accepting  
delivery of the alcoholic liquor is 21 years of age or older and the person making the  
delivery of the alcoholic liquor verifies that the individual accepting the delivery is 21  
years of age or older.  
(3) A licensee making a sale and delivery of alcoholic liquor under the  
provisions of this rule and/or the person making the delivery of the alcoholic liquor  
shall maintain proof for inspection by the commission of the documents used to  
determine the age of the individual to whom the alcoholic liquor was delivered.  
History: 1980 AACS; 2001 AACS.  
R 436.1529 Sale of spirits at a uniform price.  
Rule 29. An off-premises licensee who is licensed to sell spirits shall not sell  
spirits at a price other than the selling price established by the commission, which shall  
include all taxes collected by the commission at the time of sale to the off-premises  
licensee and the state sales tax.  
History: 1980 AACS.  
R 436.1531 Return of alcoholic liquor product.  
Rule 31. An off-premises licensee may accept from a customer, for a cash refund  
or exchange, an alcoholic liquor product purchased by the customer from the off-  
premises licensee if the product is demonstrably spoiled or contaminated or the  
container damaged to the extent that the contents would likely be of an unsanitary  
nature or unfit for consumption and if the returned product is not resold and is  
removed from the licensed premises as soon as practicable, but not more than 14 days  
after its return.  
History: 1998-2000 AACS.  
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R 436.1533 Off-premises server training; requirements.  
Rule 33. (1) As used in this rule, all terms and phrases shall have the same  
meaning as defined in Section 906(1) of the act.  
(2) The commission shall approve the establishment of an off-premises server  
training program designed for off-premises licensees. The commission may adopt the  
existing standards and programmatic framework of private entities and may  
delegate nondiscretionary administrative functions to outside private entities.  
(3) A person may apply to the commission for qualification as an  
administrator for the offering of an off-premises server training program and instructor  
certification classes. Upon approval by the commission of an off-premises server  
training program, the commission shall appoint the person sponsoring the server training  
program as an administrator of that program.  
(4) The commission shall issue an instructor certification to an individual presenting  
evidence acceptable to the commission of having successfully completed instructor  
certification classes and shall issue an identification card indicating that certification by  
the commission.  
(5) The commission shall approve a curriculum for a server training program  
presented by a certified instructor in a manner considered by the commission to be  
adequate that includes, but is not limited to, all of the following topics:  
(a) Identification of the visible signs associated with intoxication.(b)  
Implementation of intervention procedures and maintaining incident reports.  
(c) The understanding of acceptable forms of personal identification, techniques  
for determining the validity of identification, and procedures for dealing with fraudulent  
identification.  
(d) Assessment of the need to ask for identification based on appearance or company  
policy.  
(e) The identification of potential second-party sales and furnishing of alcoholic  
liquor to minors by persons 21 years of age or over.  
(f) The understanding of Michigan laws pertaining to minors attempting to  
purchase and second-party sales or furnishing of alcoholic liquor from adults to minors.  
(g) The understanding of possible legal, civil, and administrative consequences  
of violations of this act, the rules of the commission, and other pertinent state laws.  
(h) Knowledge of the legal hours of alcohol sales.  
(i) Any other pertinent laws as determined by the commission.  
(6) 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.  
(7) 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 subrule (5) of this rule. The minimum passing grade for the  
examination, for instructor certification, and for all other participants in the program  
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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.  
Examinations 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. Other methods of  
administering an examination must be approved by the commission.  
(8) 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.  
(9) 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.  
(10) An off-premises licensee, when ordered by the commission to meet a server  
training requirement, shall maintain on the licensed premises proof of active, unexpired  
server training certification or current recognition by a server training program approved  
by the commission for those persons included  
in the commission order.  
History: 2010 AACS.  
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;