DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LIQUOR CONTROL COMMISSION
CHURCH OR SCHOOL HEARINGS
Filed with the secretary of state on January 27, 2025
These rules become effective immediately after filing with the secretary of state
unless adopted under section 33, 44, or 45a(9) of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under
these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the liquor control commission by section 40 of article IV of
the state constitution of 1963, sections 201 and 215(1) of the Michigan liquor control
code of 1988, 1998 PA 58, MCL 436.1201 and 436.1215, and Executive Reorganization
Order No. 2011-4, MCL 445.2030)
R 436.1953 and R 436.1959 of the Michigan Administrative Code are amended, as
follows:
R 436.1953 Notice of application and proposed location.
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 those terms are defined in section
107 or 111 of the act, MCL 436.1107 or 436.1111, the representative of the church or
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.
R 436.1959 Burden of proceeding, closing arguments.
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 that is objecting meets the definition of the terms defined in section 107 or 111
of the act, MCL 436.1107 or 436.1111.
December 20, 2024