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8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
General rulemaking authority is conferred on the Michigan 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.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
Section 215(1) of 1998 PA 58, MCL 436.1215(1), and Executive Reorganization Order No. 2011-
4, MCL 445.2030.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
Article IV, Section 40, of the Michigan Constitution (1963), permits the legislature to establish a
Liquor Control Commission, which shall exercise complete control of the alcoholic beverage
traffic within this state, including the retail sales thereof, subject to statutory limitations. MCL
436.1201(2) provides the Commission with the sole right, power, and duty to control the alcoholic
beverage traffic and traffic in other alcoholic liquor within this state, including the manufacture,
importation, possession, transportation, and sale thereof and MCL 436.1215(1) provides the
Commission with general rulemaking authority.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The rule does not conflict with or duplicate similar rules or regulations adopted by the state or
federal government.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
No.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The rules do not exceed national or regional compliance requirements or other standards.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
Yes. The Michigan Independent Retailers Association and various independent retailers have
made comments at public hearings that the prohibition of the issuance of SDD licenses within
2,640 feet of an existing SDD license should be reestablished.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
R 436.1129 and R 436.1135 were last evaluated in 2005. R 436.1141 has not been evaluated since
its promulgation in 1978. R 436.1142 has not been evaluated since its promulgation in 1990.
MCL 24.239