DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LIQUOR CONTROL COMMISSION

GENERAL 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 445.2230)

R 436.1001 Definitions.

Rule 1. (1) As used in these rules:

(a) "Act" means 1998 P.A. 58, MCL 436.1101 to 436.2203.

(b) "Broker" means a person, other than an individual, that is licensed by the

commission and that is employed or otherwise retained by any of the following

entities to sell, promote, or otherwise assist in the sale or promotion of alcoholic

liquor:

(i) A manufacturer.

(ii) A vendor of spirits.

(iii) An outstate seller of beer.

(iv) An outstate seller of wine.

(v) An outstate seller of mixed spirit drink.

(vi) A manufacturer of mixed spirit drink.

(vii) A wholesaler.

(c) "Co-licensee" means 1 of 2 or more persons whose names appear on any single

license issued by the commission, except for a person whose name appears on the

license in a fiduciary capacity. All co-licensees on a single license are considered a

partnership for purposes of the act and these rules.

(d) "Cooperative advertising" means a joint effort between licensees or vendors of

spirits to advertise alcoholic liquor.

(e) "Department store" means a retail store that has all of the following:

(i) More than 15,000 square feet.

(ii) A minimum of 4 separate and distinct major departments that include at least 1

of the stores listed in R 436.1129(1)(a) to (g).

(iii) A minimum inventory of $250,000.00, at cost.

(f) "Drive-in" or "drive-through" means an establishment that allows the sale of

alcoholic liquor to a retail customer through a service window or similar aperture

without requiring the retail customer to exit his or her vehicle to make the purchase

and includes an establishment that allows the retail customer to drive in or through any

enclosed building or structure and make a purchase of alcoholic liquor without requiring

the retail customer to exit his or her vehicle.

(g) "Drive-up or walk-up window" means a service window, door, or other aperture

through which a customer may purchase merchandise without that customer entering the

licensed premises.

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(h) "Driver helper" means a person who is not less than 18 years of age and who

accompanies and assists, and who may only accompany and assist, a licensed

salesperson in delivering alcoholic liquor to a retail licensee.

(i) "Licensed premises" means any portion of a building, structure, room, or

enclosure on real estate that is owned, leased, used, controlled, or operated by a

licensee in the conduct of the business at the location for which the licensee is licensed

by the commission, except when otherwise specified by commission rule or written

commission order.

(j) "Licensee" means the person to whom a license is issued by the commission

to manufacture, sell, import, warehouse, deliver, or promote, or otherwise assist in the

sale of, alcoholic liquor.

(k) "Major thoroughfare" means a street or highway which is primarily for through

traffic and which has not less than 4 lanes of traffic, excluding any lanes that are used

primarily for turning purposes and any lanes in which parking is allowed at any time.

(l) "Neighborhood shopping center" means 1 commercial establishment, or a group

of commercial establishments organized or operated as a unit, which is related in

location, size, and type of shop to the trade area that the unit serves and which consists

of not less than 50,000 square feet of leasable retail space and has access to off-street

parking spaces.

(m) "Off-premises licensee" means a person who is licensed by the

commission to sell alcoholic liquor at retail for consumption off the licensed

premises.

(n) "On-premises licensee” means a person who is licensed by the commission to

sell alcoholic liquor at retail for consumption on the licensed premises.

(o) "Permit" means a contract between the commission and a licensee granting

authority to the licensee to perform the functions defined in the act or commission rules

for a specific permit.

(p) "Privately held corporation" means a corporation that does not trade its stock

on a stock exchange or in over-the-counter transactions. A subsidiary of a

corporation that trades its stock on a stock exchange or in over-the-counter transactions

is not a privately held corporation.

(q) "Public room" means a room that is open for use by the general public for

eating, drinking, or amusement. "Public room" does not mean any of the following:

(i) A restroom.

(ii) A kitchen.

(iii) A storage room.

(iv) An office.

(v) A boiler room.

(vi) A hallway.

(vii) A landing.

(viii) A stairway.

(ix) An elevator.

(x) A dance floor.

(xi) A stage.

(xii) An area similar to the areas specified in this subdivision.

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(r) "Release" means a document in which written permission is granted by the

commission to ship alcoholic liquor into this state.

(s) "Salesperson" means a person who is employed by any of the following entities

and who is licensed by the commission to sell, deliver, or promote, or otherwise assist in

the sale of, alcoholic liquor in this state:

(i) A vendor of spirits.

(ii) A broker.

(iii) A manufacturer of beer or wine.

(iv) An outstate seller of beer or wine.

(v) A wholesaler.

(t) "Sample of alcoholic liquor" means a container that bears the word "sample"

and is not more than 1.75 liters or 59.17 United States fluid ounces. If a product is not

available in a container of 1.75 liters or less, then the next larger size may be substituted.

However, a container shall not be more than 3 liters.

(u) "Sports/entertainment venue" means a facility that is licensed to sell alcoholic

liquor for on-premises consumption, has a seating capacity of 4,500 or more, is

primarily used for sporting events or other entertainment, and is not located on the

campus of a 2- or 4-year college or university.

(v) "Temporary bin display" means a freestanding device that is constructed of

any material that is used for the exhibition of beer, wine, or spirits on the premises of a

retail licensee who is licensed for off-premises sales only and that must be removed from

the retail licensed premises not later than 120 days after installation.

(w) "Vendor representative" means a person who is licensed by the commission and

who is authorized by a manufacturer of beer or wine, an outstate seller of beer or

wine, or a vendor of spirits to represent the respective employer or principal in

transactions with the commission.

(2) Terms defined in the act have the same meanings when used in these rules.

(3) Terms defined in the act and these rules have the same meanings when used in

rules previously or hereafter promulgated by the commission.

History: 1979 AC; 1982 AACS; 1984 AACS; 1985 AACS; 1986 AACS; 1987 AACS; 1994 AACS;

1998-2000 AACS; 2003 AACS; 2016 AACS.

R 436.1003 Building and health laws, rules, and ordinances.

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.

History: 1979 AC; 2016 AACS.

R 436.1005 Rescinded.

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History: 1979 AC; 2011 AACS.

R 436.1007 Records; maintenance.

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.

History: 1979 AC.

R 436.1009 Rescinded.

History: 1979 AC; 2011 AACS.

R 436.1011 Prohibited conduct of licensees, agents, or employees.

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.

(3) The provisions of subrules (1) and (2) of this rule apply to the person, the officer of a

corporate entity, the stockholder of a privately held corporate entity, or the member or

manager of a limited liability entity of the person named as a participant on the licensee's

participation permit.

(4) A licensee, or the clerk, servant, agent, or employee of the licensee, shall not threaten,

hinder, or obstruct a law enforcement officer or commission inspector or investigator in the

course of making an investigation or inspection of the premises and shall not refuse, fail,

or neglect to cooperate with a law enforcement officer or a commission inspector or

investigator in the performance of his or her duties to enforce the act or commission rules.

(5) A licensee, or the clerk, servant, agent, or employee of a licensee, shall not impersonate

a commission employee, a commission investigator, or a law enforcement officer empowered to

enforce the act or commission rules.

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(6) A licensee, or the clerk, servant, agent, or employee of the licensee, shall not do any of

the following:

(a) Allow, on the licensed premises, the annoying or molesting of customers or employees

by other customers or employees without taking prompt, effective action to prevent and stop the

annoying or molesting of customers or employees.

(b) Knowingly allow the licensed premises to be used by any person for the purposes of

accosting or soliciting another person to commit prostitution.

(c) Allow, on the licensed premises, fights, brawls, or the improper use of firearms, knives,

or other weapons without taking prompt, effective action to prevent and stop the fights, brawls, or

the improper use of firearms, knives, or other weapons.

(d) Allow the sale, possession, or consumption on the licensed premises of any controlled

substances that are prohibited by 1978 PA 368, MCL 333.1101 to 333.25211 without taking

prompt, effective action to prevent and stop the sale, possession, or consumption on the licensed

premises of any controlled substances that are prohibited by 1978 PA 368, MCL 333.1101 to

333.25211.

(e) Allow narcotics paraphernalia to be used, stored, exchanged, or sold on the licensed

premises.

(7) A retail licensee shall not sell any alcoholic liquor off the licensed premises, except as

follows:

(a) An on-premises licensee may provide out-of-doors service if done in accord with the

provisions of R 436.1419.

(b) An off-premises licensee may deliver a preordered quantity of alcoholic liquor to a

customer; however, the licensee shall not make a delivery to a customer on the campus of a

2- or 4-year college or university, unless the customer is licensed by the commission.

(c) An off-premises licensee may provide out-of-doors service if done in accord with the

provisions of R 436.1521.

History: 1979 AC; 1983 AACS; 1985 AACS; 1986 AACS 1986; 1995 AACS; 1998-2000 AACS;

2003 AACS; 2016 AACS.

R 436.1012 Business entities dissolved, terminated, expired, revoked, or otherwise not in

good standing.

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

Michigan’s 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

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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).

History: 2016 AACS.

R 436.1013 Rescinded.

History: 1979 AC; 2011 AACS.

R 436.1015 Display of license and permit.

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.

History: 1979 AC; 2016 AACS.

R 436.1017 Rescinded.

History: 1979 AC; 2011 AACS.

R 436.1019 Contests.

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.

History: 1979 AC.

R 436.1021 Sale to licensed truck driver salesman.

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.

History: 1979 AC.

R 436.1023 Transfer of location of licensed premises; alteration of premises;

lease, sale, or transfer of premises.

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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.

(3) A licensee shall not lease, sell, or transfer possession of a portion of the

licensed premises without the prior written approval of the commission.

History: 1979 AC; 1998-2000 AACS; 2016 AACS.

R 436.1025 Storing of alcoholic liquor.

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.

History: 1979 AC; 2016 AACS.

R 436.1027 Confiscation and impoundment of alcoholic liquor.

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

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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.

History: 1979 AC; 2016 AACS.

R 436.1029 Orders of commission.

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.

History: 1979 AC.

R 436.1031

suspension.

Sales prohibited during periods of suspension; notice of

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.

History: 1979 AC.

R 436.1033 Rescinded.

History: 1979 AC; 2011 AACS.

R 436.1035 Rescinded.

History: 1979 AC; 2016 AACS.

R 436.1037 Rescinded.

History: 1979 ACS 4, Eff. Feb. 3, 1981; 2003 AACS.

R 436.1039 Living quarters in connection with licensed premises; other direct

connections to licensed premises.

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.

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(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.

History: 1979 AC; 2016 AACS.

R 436.1041

permits.

Obtaining a license for use or benefit of another; participation

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

participation permit to a licensee who meets all of the following qualifications:

a

(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).

History: 1979 AC; 2003 AACS; 2016 AACS.

R 436.1043 Liquor analysis.

Rule 43 The commission may order random analysis of a brand of alcoholic

liquor sold or offered for sale in this state.

History: 1979 AC; 2016 AACS.

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R 436.1045 Rescinded.

History: 1979 AC; 1992 AACS; 1998-2000 AACS; 2016 AACS; 2022 MR 13, Repealed Eff. July

11, 2022.

R 436.1047 Return of licenses and permits.

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).

History: 1979 AC; 2016 AACS.

R 436.1048 Renewal of licenses.

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.

History: 2016 AACS.

R 436.1049

Transfer of license or corporate stock while an alleged

violation is pending final disposition.

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.

History: 1979 AC; 2003 AACS.

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R 436.1050 Approval orders; cancellations.

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.

History: 2016 AACS.

R 436.1051

Notice of changes affecting control of privately held

corporation or limited liability company.

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.

History: 1979 AC; 2003 AACS; 2016 AACS.

R 436.1053 Proof of loss or destruction of a license or permit.

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.

History: 1979 AC; 2000 AACS; 2016 AACS.

R 436.1055 Sale of alcoholic liquor below cost prohibited; exception.

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.

History: 1979 AC.

R 436.1057 Rescinded.

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History: 1979 AC; 2003 AACS.

R 436.1059 Dishonored payment.

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.

History: 1979 AC; 2000 AACS; 2016 AACS.

R 436.1060 Server training; requirements.

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.

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(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.

History: 2003 AACS.

R 436.1061

privilege.

Grounds for suspension or revocation of

a

permit or

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.

History: 1979 AC.

R 436.1062 Facsimile and electronic transmissions.

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 8½ 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.

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(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.

(8) Information sent to the commission by electronic means 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.

(9) Notwithstanding subrule (1) of this rule, the commission may refuse to accept

the facsimile transmission or other electronic transmission of a document the commission

determines requires an original signature.

(10) A facsimile transmission or other electronic transmission accepted by the

commission under this rule and certified by an agent of the commission is considered an

original for all purposes and is admissible in evidence in like manner as an original.

History: 1998-2000 AACS; 2016 AACS.

R 436.1063 Rescissions.

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.

History: 1979 AC.

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