Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Liquor Control Commission
Liquor Control Commission General Rules
Section R. 436.1001 - Definitions
Universal Citation: MI Admin Code R. 436.1001
Current through Vol. 24-04, March 15, 2024
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.
(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.
(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.
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