DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
LIQUOR CONTROL COMMISSION  
ADVERTISING  
(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R 436.1301 Rescinded.  
History: 1979 AC; 1981 AACS.  
R 436.1303 Beer.  
Rule 3. Beer shall not be advertised in this state unless the advertising is in  
accordance with these rules and the federal malt beverage regulations published in  
27 C.F.R., part 7, subpart F, 1936, as amended, as of January 1, 1975, which are  
incorporated herein by reference. Copies of the federal regulations are on file and  
available to the public in the Lansing office of the commission at cost.  
History: 1979 AC.  
R 436.1305 Wine.  
Rule 5. Wine shall not be advertised in this state unless the advertising is in  
accordance with these rules and the federal wine regulations published in 27  
C.F.R., part 4, subpart G, 1935, as amended, as of January 1, 1975, which are  
incorporated herein by reference. Copies of the federal regulations are on file and  
available to the public in the Lansing office of the commission at cost.  
History: 1979 AC.  
R 436.1307 Spirits.  
Rule 7. Distilled spirits shall not be advertised in this state unless the advertising  
is in accordance with these rules and the federal distilled spirits regulations  
published in 27 C.F.R., part 5, subpart H, 1969, as of January 1, 1975, which are  
incorporated herein by reference. Copies of the federal regulations are on file and  
available to the public in the Lansing office of the commission at cost.  
History: 1979 AC.  
Page 1  
R 436.1309 Advertising approval.  
Rule 9. The commission reserves the right to review and reject advertising  
not in accordance with these rules. Upon written order of the  
commission, a manufacturer, an outstate seller of beer, an outstate seller of wine, or a  
wholesaler shall furnish full information as to the advertising to enable the  
commission to review the advertising.  
History: 1979 AC; 1989 AACS.  
R 436.1311 Rescinded.  
History: 1979 AC; 2016 AACS.  
R 436.1313 Inside advertising signs and displays.  
Rule 13. (1) Except as provided for in this rule, a retail licensee shall ensure that an  
advertising sign for alcoholic liquor that is used inside the licensee's premises is an  
unilluminated sign that does not have a total area of more than 3,500 square inches.  
(2) The total area of any other sign that is attached to, or a necessary part of, a sign  
is included in the 3,500 square inches limitation.  
(3) A sports/entertainment venue may utilize illuminated advertising signs and  
advertising signs that have a total area of more than 3,500 square inches in the arena area,  
concourse area, or private suite areas.  
(4) Any of the following entities may provide and install illuminated advertising  
signs and advertising signs that have a total area of more than 3,500 square inches per  
sign inside the arena area, concourse area, or private suite areas of a  
sports/entertainment venue as defined by R 436.1001(u):  
(a) A brewer.  
(b) A micro brewer.  
(c) A wine maker.  
(d) A small wine maker.  
(e) An outstate seller of beer.  
(f) An outstate seller of wine.  
(g) An outstate seller of mixed spirit drink.  
(h) A manufacturer of spirits.  
(i) A manufacturer of mixed spirit drink.  
(j) A vendor of spirits.  
History: 1979 AC; 1994 AACS; 2000 AACS.  
Editor's Note: An obvious error in R 436.1313(4) 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 Michigan Register, 2002 MR 20. The memorandum  
requesting the correction was published in Michigan Register, 2003 MR 11.  
R 436.1315 Retail advertising space.  
Page 2  
Rule 15. A manufacturer, an outstate seller of beer, an outstate seller of wine, or a  
wholesaler shall not sell or in any manner furnish to a retail licensee, and a retail  
licensee shall not accept, either of the following:  
(a) Advertising which has the name of the retail licensee on the advertising.  
(b) Money or other valuable consideration for advertising space in or upon the  
premises of the retail licensee.  
History: 1979 AC; 1989 AACS.  
R 436.1317 Brand promotion.  
Rule 17. (1) A salesperson or a vendor representative may do any of the  
following, on the licensed premises of a person who is licensed only to sell alcoholic  
liquor at retail for consumption off the licensed premises, with alcoholic liquor that is  
owned by the off-premises retail licensee:  
(a) Build a display of those brands that are represented or sold by the salesperson  
or vendor representative.  
(b) Mark the price on those brands that are represented or sold by the salesperson  
or vendor representative.  
(c) Rotate those brands that are represented or sold by the salesperson or vendor  
representative.  
(d) Place those brands that are represented or sold by the salesperson or vendor  
representative on shelves.  
(2) A salesperson or vendor representative shall not remove from shelves, or  
rearrange or otherwise disturb, any brand of alcoholic liquor that is not represented  
or sold by the salesperson or vendor representative.  
History: 1979 AC; 1992 AACS.  
R 436.1319 Rescinded.  
History: 1954 ACS 84, Eff. Oct. 3, 1975; 1979 AC; Rescinded 2021 MR 3, repealed Eff. July 1,  
2020.  
R 436.1321 Contests and advertising articles.  
Rule 21. (1) There shall not be advertising of alcoholic liquor connected with  
offering a prize or award on the completion of a contest, except upon prior written  
approval of the commission.  
(2) Advertising material which does not contain the name of a retail licensee and  
does not have a secondary value, but explains the production, sale, or consumption of  
alcoholic liquor may be published and distributed in this state.  
(3) Alcoholic liquor recipe literature which does not contain the name of a retail  
licensee may be published and distributed in this state.  
(4) All gambling devices, including punch boards and games of any description used  
for advertising purposes, are prohibited.  
Page 3  
(5) A manufacturer, an outstate seller of beer, an outstate seller of wine, or a  
wholesaler may sell novelty items bearing brand logo type, upon written order of the  
commission. These novelty items shall not be sold below their cost by the manufacturer,  
outstate seller of beer, outstate seller of wine, or wholesaler.  
History: 1979 AC; 2014AACS.  
R 436.1323 Team sponsorship.  
Rule 23. (1) A licensee may own or sponsor and furnish equipment for an athletic  
team under his own license name. The name of the sponsor may appear on the team  
uniform.  
(2) A licensee shall not aid or assist another licensee by sponsoring or equipping  
athletic teams and a licensee shall not accept such aid or assistance.  
History: 1979 AC.  
R 436.1325 Calendars and matchbooks.  
Rule 25. (1) A manufacturer, an outstate seller of beer, an outstate seller of  
wine, or a wholesaler shall not give anything of value to a customer.  
(2) A manufacturer, an outstate seller of beer, an outstate seller of wine, or a  
wholesaler may give a calendar and matchbooks to a customer if nothing of value is  
attached to, or given with, the calendar or matchbooks.  
(3) A manufacturer, an outstate seller of beer, an outstate seller of wine, or a  
wholesaler shall not sell, give, or furnish  
a
retail  
licensee with calendars or  
matchbooks to be given to the customers of the retail licensee, except upon written  
order of the commission.  
(4) A manufacturer, an outstate seller of beer, an outstate seller of wine, or a  
wholesaler may advertise on calendars.  
History: 1979 AC.  
R 436.1327 Rescinded.  
History: 1979 AC; 1989 AACS.  
R 436.1329 Displays.  
Rule 29. (1) A manufacturer, a vendor of spirits, an outstate seller of beer, an  
outstate seller of wine, or a wholesaler may not sell or in any manner furnish or install,  
and a retail licensee may not accept, a permanent display in the licensed premises  
of a retail licensee.  
(2) A manufacturer, a vendor of spirits, an outstate seller of beer, or an outstate  
seller of wine may furnish and install a temporary bin display that has a capacity of up  
to 15 cases of 24 12-ounce or 0.375-liter containers or the equivalent in other  
Page 4  
sizes of beer, wine, or spirits on the premises of a retail licensee who is licensed for  
off-premises sales only.  
(3) A wholesaler may install, on the premises of a retail licensee who is licensed  
for off-premises sales only, a temporary bin display that has been provided without  
charge by a manufacturer, an outstate seller of beer, or an outstate seller of wine.  
(4) A retail licensee shall ensure that every temporary bin display installed on  
its premises clearly indicates by a tag, a stamp, a label, or other method that is securely  
affixed to the temporary bin display, the date upon which the temporary bin display  
was installed.  
(5) The advertising on a temporary bin display shall be excluded from the 3,500-  
square inch limit on inside retail advertising signs.  
History: 1979 AC; 1986 AACS; 1994 AACS.  
R 436.1331 Dispenser signs.  
Rule 31. (1) Alcoholic liquor dispensing equipment shall have the brand of  
alcoholic liquor designated by a sign on the dispenser or on the tap.  
(2) A licensee shall not draw from a dispenser or tap a brand of alcoholic  
liquor other than that brand designated by the dispenser sign or tap marker.  
History: 1979 AC.  
R 436.1333 Rescinded.  
History: 1979 AC; 1984 AACS; 1989 AACS; 1998-2000.  
R 436.1335 Rescinded.  
History: 1979 AC; 1989-2000 AACS; 2013 AACS.  
R 436.1337 Rescinded.  
History: 1979 AC; 1985 AACS.  
R 436.1339 Rescissions.  
Rule 39. Rules 15 to 23 and 25 to 28 of the rules entitled, "Rules and Regulations  
Governing the Relationship Between Licensed Manufacturers, Wholesalers of Alcoholic  
Liquors, Their Sales Representatives and Retail Licensees," being R 436.535 to R  
436.543 and R 436.545 to R 436.548 of the Michigan Administrative Code and  
appearing on pages 5384 to 5386 of the 1954 volume of the Code, are rescinded.  
History: 1979 AC.  
Page 5  
;