LICENSING AND REGULATORY AFFAIRS  
LIQUOR CONTROL COMMISSION  
ON-PREMISES LICENSES RULES  
(By authority conferred on the liquor control commission by section 215(1) of 1998  
PA 58, MCL 436.1215(1), and Executive Reorganization Order No. 2011-4, MCL  
445.2030)  
R 436.1401 Definitions.  
Rule 1. The terms defined in R 436.1001 have the same meaning when used in  
these rules.  
History: 1979 AC.  
R 436.1403 Hours and days of operation.  
Rule 3. (1) Except as provided in subrule (7) of this rule, an on-premises  
licensee shall not sell, give away, or furnish alcoholic liquor between the hours of 2  
a.m. and 7 a.m. on any day nor between the hours of 2 a.m. and 12 noon on Sunday  
and shall not sell, give away, 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.  
(2) Between the hours of 2:30 a.m. and 12 noon on any Sunday, or from 2:30  
a.m. to 7 a.m. on any other day, an on-premises licensee shall not allow the licensed  
premises to be occupied by anyone except the on-premises licensee, the bona fide  
employees of the on-premises licensee who are working, or bona fide contractors and  
employees thereof who are working, except as provided in subrule (8) of this rule or  
unless such on-premises licensee first obtains a permit approved by the liquor control  
commission and by the chief of police, sheriff, or other chief law enforcing officer  
in the community which authorizes the on-premises licensee to remain open for a  
stated specific purpose for such other hours and during such periods of time as the  
commission may determine. The permit shall be displayed adjacent to the license. In  
the case of a class A hotel, a class B hotel, and a club licensee with bedrooms or suites  
for bona fide club members and their guests, this subrule shall apply only to the  
following portions of the licensed premises:  
(a) Rooms open to the general public or club members and their guests for  
eating, drinking, or amusement where alcoholic liquor is served.  
(b) Rooms used for wedding parties and similar activities where alcoholic  
liquor is served.  
(3) An on-premises licensee shall not allow the consumption of any alcoholic  
liquor on the licensed premises between the hours of 2:30 a.m. and 7 a.m. on any day,  
except as provided in subrule (7) of this rule.  
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(4) An on-premises licensee shall not allow the consumption of any alcoholic  
liquor on the licensed premises between the hours of 9:30 p.m. on December 24 to 7  
a.m. on December 26. This prohibition shall extend to 12 noon on December 26 if  
December 26 falls on Sunday.  
(5) An on-premises licensee shall not allow the consumption of spirits on the  
licensed premises between the hours of 2:30 a.m. and 12 midnight on Sunday. This  
subrule does not apply to the consumption of spirits on the licensed premises between  
the hours of 12 noon and 12 midnight on Sunday if the on-premises licensee possesses a  
Sunday sales permit issued by the commission.  
(6) An on-premises licensee shall not allow the consumption of any alcoholic  
liquor on the licensed premises between the hours of 2:30 a.m.and 12 noon on Sunday.  
(7) An on-premises licensee shall not sell alcoholic liquor on January 1 after 4  
a.m. or before the legal hour of sale as provided in subrule (1) of this rule, and alcoholic  
liquor shall not be consumed on the licensed premises on January 1 after 4:30 a.m.  
or before the legal hour for consumption as provided in subrules (3), (5), and (6) of  
this rule.  
(8) From 4:30 a.m. on January 1 to the legal hour of sale as provided in subrule (1)  
of this rule, an on-premises licensee shall not allow the licensed premises to be  
occupied by anyone other than the on-premises licensee, the bona fide employees of  
the licensee who are working, or bona fide contractors and employees thereof who  
are working, unless the on-premises licensee has been granted a specific purpose  
permit authorized by subrule (2) of this rule. In the case of a class A hotel, a class  
B hotel, and a club licensee with bedrooms or suites for bona fide club members and  
their guests, this subrule applies only to the following portions of the licensed  
premises:  
(a) Rooms open to the general public or club members and their guests for  
eating, drinking, or amusement where alcoholic liquor is served.  
(b) Rooms used for wedding parties and similar activities where alcoholic  
liquor is served.  
(9) The provisions of subrules (3), (4), (5), (6), and (7) of this rule do not apply to  
the consumption of alcoholic liquor in the bedrooms or suites of registered guests  
of licensed hotels or in the bedrooms or suites of bona fide members of licensed  
clubs.  
History: 1979 AC.  
R 436.1405 Capacity of licensed premises.  
Rule 5. (1) An on-premises licensee shall post, in a conspicuous place, a sign  
stating the total capacity of each public room of the licensed establishment, based  
upon the capacity established by the state or local authority having jurisdiction.  
(2) If the capacity of the licensed establishment or any public room in the licensed  
establishment has not been determined by a state or local authority, then the total capacity  
of each room shall be determined as follows:  
(a) If tables or booths are provided, then there shall be not more than 1 customer  
for each 15 square feet of total area.  
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(b) If tables or booths are not used, then there shall be not more than 1 customer for  
each 6 square feet of total area.  
(c) If there is a combination of tables or booths and an open area, then the  
provisions of both subdivisions (a) and (b) of this subrule shall be used.  
(d) If seating is provided at a bar, then there shall be not more than 1 seat for each  
20 inches of bar length.  
(3) An on-premises licensee shall not allow a public room of the licensed  
establishment to be occupied by more persons than are authorized by this rule.  
History: 1979 AC; 1998-2000 AACS.  
R 436.1407 Temporary entertainment, dance, or dance-entertainment permits;  
approval.  
Rule 7. The commission may issue up to 12 daily temporary dance,  
entertainment, or dance-entertainment permits to a licensee each calendar year upon  
written request of the licensee and approval of the chief law enforcement officer who  
has jurisdiction.  
History: 1979 AC; 1998-2000 AACS.  
R 436.1409 Rescinded.  
History: 1979 AC; 2009 AACS.  
R 436.1411 Rescinded.  
History: 1979 AC; 2009 AACS.  
R 436.1413 Clothing changes by entertainers.  
Rule 13. (1) If an on-premises licensee offers entertainment wherein performers  
are required to change costumes or attire, the licensee shall provide and make use of  
dressing facilities set aside for use by male and female performers.  
(2) An on-premises licensee shall not allow the use of restrooms, public rooms,  
kitchens, or other similar areas for the changing of clothing by entertainers.  
History: 1979 AC.  
R 436.1415 Dance floor; requirements.  
Rule 15. An on-premises licensee who is the holder of a dance permit shall not  
allow dancing on the licensed premises, except on a dance floor that is not less than  
100 square feet. The dance floor shall be well defined and clearly marked and shall  
be without tables, chairs, or other obstacles while customers are dancing.  
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History: 1979 AC.  
R 436.1417 Employees serving food or liquor prohibited from eating,  
drinking, or mingling with customers; licensees, agents,  
and  
employees  
prohibited from soliciting customers; allowing customer to solicit liquor  
prohibited.  
Rule 17. (1) An on-premises licensee shall not allow a person who is engaged in  
the serving of food or alcoholic liquor to eat, drink, or mingle with the customers.  
(2) An on-premises licensee, or the clerk, servant, agent, or employee of an on-  
premises licensee, shall not solicit a customer for the purchase of alcoholic liquor for  
himself or herself or for any other person.  
(3) An on-premises licensee, or the clerk, servant, agent, or employee of an on-  
premises licensee, shall not allow  
himself or herself or for any other person.  
a
customer to solicit alcoholic liquor for  
History: 1979 AC.  
R 436.1419 Outdoor service without approval prohibited; requirements for  
outdoor service if approval is granted.  
Rule 19. (1) An on-premises licensee shall not have outdoor service without the  
prior written approval of the commission.  
(2) If approval for outdoor service is granted, then the on-premises licensee  
shall ensure that the outdoor service area is well-defined and clearly marked and the  
on-premises licensee shall not sell, or allow the consumption of, alcoholic liquor  
outdoors, except in the defined area.  
(3) The commission may issue up to 12 daily temporary outdoor service permits  
to a licensee each calendar year upon written request of the licensee and approval of the  
chief law enforcement officer who has jurisdiction.  
History: 1979 AC; 1998-2000 AACS.  
R 436.1421 Sample bottles or cans; sale prohibited; removal from  
premises.  
Rule 21. (1) An on-premises licensee shall not sell or give away the contents of  
a sample bottle or can.  
(2) An on-premises licensee shall remove sample bottles or cans from the licensed  
premises within 24 hours of their receipt.  
History: 1979 AC.  
R 436.1423 Soliciting, accepting, or receiving rebates, refunds,  
adjustments from a person other than the commission for broken or  
or  
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defective containers prohibited.  
Rule 23. An on-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 from a person other than the commission or an agent or employee of the  
commission.  
History: 1979 AC.  
R 436.1425 Rescinded.  
History: 1979 AC; 1990 AACS; 1998-2000 AACS; 2012 MR 9, Eff. May 10, 2012.  
R 436.1427 Washing of drinking containers and draft beer equipment.  
Rule 27. (1) An on-premises licensee shall wash, rinse, and sanitize all glasses,  
mugs, steins, and other reusable drinking containers which are used to serve alcoholic  
liquor to customers.  
(2) An on-premises licensee shall thoroughly cleanse, as often as may be  
necessary, all beer coils, lines, barrels, tubes, and any other draft beer equipment to  
keep them in a clean and sanitary condition. An on-premises licensee shall not draw  
beer through tubes with rubber inner linings.  
(3) An on-premises licensee shall pipe all air intakes on pressure pumps used in  
drawing draft beer in such a manner that only clean air will be used.  
History: 1979 AC.  
R 436.1429 Rescinded.  
History: 1979 AC; 1998-2000 AACS.  
R 436.1431 Serving of brand names.  
Rule 31. When a person orders a brand name alcoholic liquor sold by an on-  
premises licensee, the on-premises licensee shall serve and sell only the brand name  
ordered by that person.  
History: 1979 AC.  
R 436.1433 Food operation.  
Rule 33. (1) An on-premises licensee shall not contract for the services of another  
person to operate the food portion of the licensed business without the prior written  
approval of the commission.  
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(2) If a contract for the services of another person in the operation of the food  
portion of the licensed business is approved by the commission, the on-premises  
licensee shall comply with all of the following:  
(a) Receive all profits from the sale of alcoholic liquor.  
(b) Retain control over all portions of the licensed premises.  
(c) Be responsible for the actions of the persons operating the food business.  
History: 1979 AC.  
R 436.1435 Contests; tournaments.  
Rule 35. (1) An on-premises licensee shall not allow contests in which the licensee  
or any other person gives away anything of value over $250.00 per  
day, except upon written order of the commission, and shall not accept or retain  
anything of value from a person in exchange for sponsoring or promoting a contest  
or tournament.  
(2) An on-premises licensee shall not allow a contest or tournament of any kind in  
which the sale, use, or consumption of alcoholic liquor is a necessary part of the  
contest or tournament or in which alcoholic liquor is given as a prize to the participants  
of the contest or tournament.  
(3) An on-premises licensee shall not allow a promotion on the licensed premises  
in which anything of value over $250.00 per day or any alcoholic liquor is given away  
without adequate and appropriate consideration, except as provided in this rule or upon  
written order of the commission. An on-premises licensee shall not accept or retain  
anything of value from a person in exchange for sponsoring a promotion, except upon  
written order of the commission.  
History: 1979 AC; 1998-2000 AACS.  
R 436.1437 Specific purpose permit.  
Rule 37. (1) If all of the following criteria are met, the commission may issue, to an  
on-premises licensee, a specific purpose permit that allows the licensee to have the  
premises occupied by customers at times other than the legal hours for sale and  
consumption:  
(a) The licensee has a business that necessitates the establishment being occupied  
by customers at times other than the legal hours for consumption of alcoholic liquor.  
(b) The establishment is equipped with a full-service kitchen, provides rooms for  
the lodging of guests, or provides recreational facilities that are owned by the licensee on  
or adjacent to the licensed establishment. This subdivision may be waived by the  
commission upon a showing of good cause by the licensee.  
(c) The commission may issue up to 12 daily temporary specific purpose permits  
to a licensee each calendar year upon written request of the licensee and approval of the  
chief law enforcement officer who has jurisdiction.  
(2) An on-premises licensee who is issued a specific purpose permit shall not allow  
customers on the licensed premises during the time period provided by the specific  
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purpose permit, unless the activity, and only that activity, allowed by the specific  
purpose permit is occurring.  
History: 1979 AC; 1998-2000 AACS.  
R 436.1438 Sale of unlimited quantity of alcoholic liquor at specific price.  
Rule 38. (1) An on-premises licensee shall not sell, offer to sell, or advertise the  
sale of, an unlimited quantity of alcoholic liquor at a specific price.  
(2) No licensee shall sell, offer to sell, or advertise the sale of, 2 or more identical  
drinks containing alcoholic liquor to a person for that person's consumption for 1  
price. When 2 or more identical drinks containing alcoholic liquor are served to a  
person at 1 time, the price charged for the second and each additional identical drink  
shall be the same as the price charged for the first drink.  
History: 1979 AC; 1985 AACS.  
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;