Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Liquor Control Commission  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
On-Premises Licenses  
5. Rule numbers or rule set range of numbers:  
R 436.1401 - R 436.1438  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
David Marvin  
E-mail of person filling out RFR:  
MarvinD@michigan.gov  
Phone number of person filling out RFR:  
517-582-3289  
Address of person filling out RFR:  
Constitution Hall, 2nd Floor  
525 W Allegan  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The general purpose of this rule when it was promulgated in 1983 was to protect the health, safety,  
and welfare of the general public by providing limits on on-premises retailers related to the sale of  
unlimited quantities of alcohol and prohibiting selling two or more drinks for the same price. The  
Commission requests that R 436.1438 be rescinded due to the enactment of 2015 PA 47, MCL  
436.2014, which codified the text of the rule, superseding and rendering the rule obsolete.  
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.).  
Article IV, Section 40, of the Michigan Constitution (1963), Section 201 of 1998 PA 58, MCL  
436.1201, 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.  
MCL 24.239  
RFR-Page 2  
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.  
R 436.1438 does not conflict with any similar rules, compliance requirements, or other standards  
adopted at the regional or federal level, but the rule does duplicate and conflict with similar  
language enacted in 2015 PA 47, MCL 436.2014.  
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?  
MCL 24.244 (1)  
A. Explain why the rules are being promulgated under 24.244.  
The proposed rescission of R 436.1438 is being promulgated under MCL 24.244 because of the  
enactment of 2015 PA 47, MCL 436.2014, which has superseded the rule and rendered it obsolete.  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;