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Michigan Statutes, Title 436

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Michigan/Statutes

← All Michigan coverage

Title 436, ALCOHOLIC BEVERAGES

8 chapters · 184 sections in this title.

All chapters in Title 436184 Ch 58-of-1998, MICHIGAN LIQUOR CONTROL CODE OF 1998179 Ch 68-of-1913, DRUNKENNESS ON TRAINS OR INTERURBAN CARS5

179 sections·Filtered byTitle 436✕Ch 58-of-1998✕

Mich. Comp. Laws § 436.1609g Sale of nonalcoholic products to retailer; applicability of act.
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Sec. 609g. (1) If a wholesaler sells nonalcoholic products to a retailer, this act does not apply to the sale, marketing, merchandising, or distribution of the nonalcoholic products except the following: (a) The wholesaler shall comply with section 609. (b) The wholesaler shall n…
Mich. Comp. Laws § 436.1609h Electronic rebate coupons.
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Sec. 609h. A manufacturer or supplier may offer electronic rebate coupons directly to a retail customer after the retail customer purchases alcoholic liquor from a retailer. An electronic rebate coupon issued under this section must comply with all the following: (a) A manufactur…
Mich. Comp. Laws § 436.1609i Commercially reasonable effort requirements to meet demands.
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Sec. 609i. If demands exceed supply for a beer, wine, mixed wine drink, or mixed spirit drink product, a manufacturer, supplier, or wholesaler must do both of the following: (a) Engage in commercially reasonable efforts to make the beer, wine, mixed wine drink, or mixed spirit dr…
Mich. Comp. Laws § 436.1609j Recall or removal of beer, wine, or mixed spirit drink products; notification requirements; destruction and reimbursement.

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Sec. 609j. (1) If a manufacturer recalls a beer, wine, or mixed spirit drink product or determines that it is necessary for a wholesaler to remove a beer, wine, or mixed spirit drink product from a sales territory, the manufacturer shall notify the commission and the affected who…

Mich. Comp. Laws § 436.1609k Philanthropic gifts and sponsorship payments to colleges and universities; promotion signs; limitations; exceptions; "sports or entertainment venue" defined.

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Sec. 609k. (1) Notwithstanding section 609, a vendor may provide a philanthropic gift or sponsorship payment to a 2- or 4-year college or university located in this state that holds a retail license if the following conditions are met: (a) The gift does not include alcoholic liqu…

Mich. Comp. Laws § 436.1610 Advertising; use of unpaid social media; supplier's assistance; requirements; definitions.

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Sec. 610. (1) Notwithstanding section 609, a wholesaler, manufacturer, outstate seller of beer, outstate seller of wine, outstate seller of mixed spirit drink, vendor of spirits, broker, or retailer may use unpaid social media to advertise any of the following in accordance with …

Mich. Comp. Laws § 436.1610a Promotion of brands and prices of alcoholic liquor; signs; requirements.

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Sec. 610a. (1) Subject to subsection (2), a manufacturer, mixed spirit drink manufacturer, warehouser, wholesaler, outstate seller of beer, outstate seller of mixed spirit drink, or vendor of spirits may provide to a retailer signs that promote the brands and prices of alcoholic …

Mich. Comp. Laws § 436.1610b Temporary bin display.

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Sec. 610b. (1) A manufacturer, vendor of spirits, outstate seller of beer, outstate seller of wine, or wholesaler shall not sell or in any manner furnish or install, and a retailer shall not accept, a permanent display in the licensed premises of the retailer. (2) A manufacturer,…

Mich. Comp. Laws § 436.1610c Certain equipment to special licensee; beer festival; limitations.

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Sec. 610c. (1) Notwithstanding section 609, a manufacturer, wholesaler, or retailer may provide a special licensee, including, but not limited to, the holder of a special license to conduct a beer festival under section 526, with any of the following: (a) Beer or wine dispensing …

Mich. Comp. Laws § 436.1610d Cooperative advertising; exceptions; instant rebate coupons; limitations; "cooperative advertising" defined.

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Sec. 610d. (1) There must not be cooperative advertising: (a) Between a manufacturer, an outstate seller of beer, an outstate seller of wine, and a retailer. (b) Between a wholesaler and a retailer. (c) Between a manufacturer, an outstate seller of beer, an outstate seller of win…

Mich. Comp. Laws § 436.1611 Refund or credit of tax paid on wine, mixed spirit drink, or beer; conditions; time limitation; form and contents of claim; supporting evidence; removal or destruction of damaged wine, beer, or mixed spirit drink; applicability of section; rebate of tax paid on wine or mixed spirit drink.

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Sec. 611. (1) A refund or credit of the tax on wine or mixed spirit drink paid under section 301 and of the tax on beer paid under section 409 shall be made by the commission to a brewer, wine maker, outstate seller of beer, outstate seller of wine, outstate seller of mixed spiri…

Mich. Comp. Laws § 436.1701 Selling or furnishing alcoholic liquor to minor; failure to make diligent inquiry; violation as misdemeanor; penalty; signs; consumption of alcoholic liquor as cause of death or injury; felony; enforcement against licensee; consent of parent or guardian in undercover operation; defense in action for violation; report; use of security identification device; definitions.

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Sec. 701. (1) A person shall not sell or furnish alcoholic liquor to a minor. Except as otherwise provided in subsection (2) and subject to subsections (4), (5), and (6), a person who knowingly sells or furnishes alcoholic liquor to a minor, or who fails to make diligent inquiry …

Mich. Comp. Laws § 436.1703 Purchase, consumption, or possession of alcoholic liquor by minor; attempt; violation; fines; sanctions; furnishing fraudulent identification to minor; use by minor; prior violation; screening and assessment; prior judgment; chemical breath analysis; notice to parent, custodian, or guardian; exceptions; recruitment of minor for undercover operation prohibited; affirmative defense; definitions.

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Sec. 703. (1) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this section. A minor who violates this subs…

Mich. Comp. Laws § 436.1705 Power of peace officer or law enforcement officer witnessing violation to stop and detain person; issuance of appearance ticket.

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Sec. 705. A peace officer or law enforcement officer described under section 201 or an inspector of the commission who witnesses a violation of section 701(1) or 703, or a local ordinance corresponding to section 701(1) or 703, may stop and detain a person and obtain satisfactory…

Mich. Comp. Laws § 436.1707 Selling, serving, or furnishing alcohol; prohibitions; application to wholesaler's minor employees.

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Sec. 707. (1) A vendor shall not sell, serve, or furnish any alcoholic liquor to an individual in an intoxicated condition. (2) A licensee shall not allow an individual who is in an intoxicated condition to consume alcoholic liquor on the licensed premises. (3) A licensee, or the…

Mich. Comp. Laws § 436.1801 Granting or renewing license; selling, furnishing, or giving alcoholic liquor to minor or to person visibly intoxicated; right of action for damage or personal injury; actual damages; institution of action; notice; survival of action; general reputation as evidence of relation; separate actions by parents; commencement of action against retail licensee; indemnification; defenses available to licensee; rebuttable presumption; prohibited causes of action; section as exclusive remedy for money damages against licensee; civil action subject to revised judicature act.

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Sec. 801. (1) A retail licensee shall not directly, individually, or by a clerk, agent, or servant sell, furnish, or give alcoholic liquor to a minor except as otherwise provided in this act. A retail licensee shall not directly or indirectly, individually or by a clerk, agent, o…

Mich. Comp. Laws § 436.1803 Retailer or applicant for retail license; proof of financial responsibility; naming insurer or surety as defendant prohibited; effect of bankruptcy; policies and bonds to be continued from year to year; cancellation of liquor liability insurance policy; revocation; section inapplicable to special licensee or applicant for special license; rules.

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Sec. 803. (1) Before the renewal or approval and granting of a retail license, a retail licensee or applicant for a retail license shall file with the commission proof of financial responsibility providing security for liability under section 801(2) of not less than $50,000.00. T…

Mich. Comp. Laws § 436.1804 Multiple violations of MCL 436.1903b; suspension of license.

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Sec. 804. The commission shall suspend the license of a retailer for 14 days if the retailer has made 6 or more payments to a wholesaler that have been dishonored by a financial institution in violation of section 903b on different dates in 12 consecutive months.

Mich. Comp. Laws § 436.1805 Suit to enforce liability when service of process not effected; affidavit; service upon commission in duplicate; return; copy served on defendant; hearing; duty of commission.

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Sec. 805. If an action is instituted against a retailer as defendant in any court of competent jurisdiction to enforce the liability provided in section 801 and service of process has not been effected in the manner provided for by law, and either the sheriff or constable to whom…

Mich. Comp. Laws § 436.1807 Insurer to file notice of termination or cancellation of contract or policy; effective date.

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Sec. 807. The insurer shall file with the commission, at Lansing, Michigan, at least 30 days before the effectiveness of any termination or cancellation of the contract or policy, a notice giving the date at which it is proposed to terminate or cancel the contract or policy. Any …

Mich. Comp. Laws § 436.1809 Payment of judgment and costs; time; failure or neglect to pay judgment and costs; punitive damages; action against insurer.

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Sec. 809. Except as otherwise provided for by law or the Michigan court rules, when an action for damages brought under this act has been reduced to a judgment, the insurer shall, within 90 days from the date of the judgment, pay the judgment together with the costs in full, unle…

Mich. Comp. Laws § 436.1811 Insurance policy; coverage; conditions.

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Sec. 811. The insurance policy described in this chapter shall cover the liability imposed by section 801 and shall contain the following conditions: That no condition, provision, stipulation or limitation contained in the policy, or any other endorsement thereon, shall relieve t…

Mich. Comp. Laws § 436.1813 False statement or breach of authority; cancellation of insurance.

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Sec. 813. No false statement or breach of authority or act or omission on the part of the insured shall vitiate this insurance, unless the intention of the insured to conceal a hazard of perpetrating fraud is proven; and this policy cannot be cancelled by the insured or the compa…

Mich. Comp. Laws § 436.1815 Adherence to responsible business practices as defense; compensation of employee on commission basis.

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Sec. 815. (1) In defense of a civil action under section 801, a retail licensee may present evidence that, at the time of the selling, giving, or furnishing of the alcoholic liquor, the retail licensee was adhering to responsible business practices. Responsible business practices…

Mich. Comp. Laws § 436.1901 Compliance required; prohibited acts; violation; sanctions and penalties.

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Sec. 901. (1) A person, directly or indirectly, himself or herself or by his or her clerk, agent, or employee, shall not manufacture, manufacture for sale, sell, offer or keep for sale, barter, furnish, import, import for sale, transport for hire, transport, or possess any alcoho…

Mich. Comp. Laws § 436.1903 Suspension or revocation of license; violation of act or rules; penalty; disposition; administrative fine; hearing; procedure; fee; right of appeal; institution of criminal prosecutions; defense; rules; appointment of agents to hear violation cases; authority and responsibility; ineligibility of designated agent for appointment to commission.

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Sec. 903. (1) The commission or any commissioner or duly authorized agent of the commission designated by the chairperson of the commission, on notice and proper hearing, may suspend or revoke any license on a violation of this act or any of the rules promulgated by the commissio…

Mich. Comp. Laws § 436.1903a Conviction or administrative disqualification of licensee; electronic transaction; sanctions; hearing and appeal procedures; definitions.

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Sec. 903a. (1) A licensee is subject to the licensing sanctions in subsection (2) if the licensee is convicted or administratively disqualified as the result of an electronic transaction to which all of the following apply: (a) The transaction is a transaction for food assistance…

Mich. Comp. Laws § 436.1903b Payment by means dishonored by financial institution; violation of act; administrative fee.

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Sec. 903b. (1) A retailer violates this act if the retailer or the retailer's clerk, servant, agent, or employee makes a payment to a wholesaler by any means that has been dishonored by a financial institution for any reason. (2) A wholesaler shall require a retailer that has mad…

Mich. Comp. Laws § 436.1904 Consumption or possession of alcoholic liquor on school property; prohibition; violation as misdemeanor; exceptions; other violations; application of section to minor; definitions.

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Sec. 904. (1) A person shall not consume alcoholic liquor on school property or possess alcoholic liquor on school property with the intent to consume it on school property. (2) A person who violates this section is guilty of a misdemeanor punishable as follows: (a) If the person…

Mich. Comp. Laws § 436.1905 Selling or furnishing alcoholic liquor to minor; enforcement actions prohibited; conditions; exception.

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Sec. 905. (1) Notwithstanding section 903, if a retail licensee or a retail licensee's clerk, agent, or employee violates this act by selling or furnishing alcoholic liquor to a minor, or by allowing a minor to consume alcoholic liquor or possess alcoholic liquor for personal con…

Mich. Comp. Laws § 436.1906 Definitions; server training program.

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Sec. 906. (1) As used in this section: (a) "Administrator" means a qualifying company, postsecondary educational institution, or trade association authorized by the commission to offer server training programs and instructor certification classes in compliance with this section a…

Mich. Comp. Laws § 436.1907 Revocation of license; forfeiture of privileges; seizure of alcoholic liquor.

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Sec. 907. (1) Upon revocation of a license issued under this act, any and all privileges conferred by that license shall be forfeited and the commission shall seize any and all alcoholic liquor found in the possession of the licensee. (2) The commission shall remit to that licens…

Mich. Comp. Laws § 436.1909 Violation of act as misdemeanor or felony; penalties or sanctions; remedies; violation of MCL 436.1203; "person" defined; legislative intent.

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Sec. 909. (1) Except as otherwise provided in this act, a person, other than a person required to be licensed under this act, who violates this act is guilty of a misdemeanor. (2) Except as otherwise provided in this act, a licensee who violates this act, or a rule or regulation …

Mich. Comp. Laws § 436.1911 Failure to pay tax; penalties; collection.

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Sec. 911. (1) If a person fails or refuses to pay the tax required by this act, the commission shall assess the tax against that person and the tax shall become due and payable together with a penalty or penalties that the commission considers appropriate, but not to exceed $5,00…

Mich. Comp. Laws § 436.1913 Prohibited conduct; unlicensed premises or place; unlawful consumption of alcoholic liquor; exceptions; construction of section; “consideration” defined.

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Sec. 913. (1) A person shall not do either of the following: (a) Maintain, operate, or lease, or otherwise furnish to any person, any premises or place that is not licensed under this act within which the other person may engage in the drinking of alcoholic liquor for considerati…

Mich. Comp. Laws § 436.1914 Alcohol vapor device; use, possession, sale, or offer to sell prohibited; violation; rules.

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Sec. 914. (1) Except as otherwise provided in subsection (3), a person shall not use or offer for use, possess, sell, or offer for sale an alcohol vapor device. (2) A person who violates subsection (1) is guilty of a misdemeanor punishable in the manner provided for in section 90…

Mich. Comp. Laws § 436.1914a Powdered alcohol; use, possession, sale, or offer for sale prohibited; violation as misdemeanor; exception; "powdered alcohol" defined.

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Sec. 914a. (1) Except as otherwise provided in subsection (2), a person shall not use or offer for use, possess, sell, or offer for sale powdered alcohol. A person that violates this section is guilty of a misdemeanor punishable as provided in section 909. (2) This section does n…

Mich. Comp. Laws § 436.1914b Marihuana-infused beer, wine, mixed wine drink, mixed spirit drink, or spirits; use, possession, sale, or offer for sale prohibited; exception; definitions.

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Sec. 914b. (1) Except as otherwise provided in subsection (2), a person shall not use or offer for use, possess, sell, or offer for sale marihuana-infused beer, wine, mixed wine drink, mixed spirit drink, or spirits. A person that violates this section is guilty of a misdemeanor …

Mich. Comp. Laws § 436.1915 Possessing or consuming alcoholic liquor on public highway or in park, place of amusement, or publicly owned area; authority of local governmental unit or state department or agency to prohibit possession or consumption of alcoholic liquor; definitions.

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Sec. 915. (1) Alcoholic liquor shall not be consumed on the public highways. (2) Except as provided in subsections (3) and (4), alcoholic liquor may be possessed or consumed in public parks, public places of amusement, or a publicly owned area not licensed to sell for consumption…

Mich. Comp. Laws § 436.1916 Entertainment, dance, or topless activity permits; issuance; prohibited activity; exceptions; extended hours permit; permits issued under administrative rule; fees; definitions.

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Sec. 916. (1) An on-premises licensee shall not allow monologues, dialogues, motion pictures, still slides, closed circuit television, contests, or other performances for public viewing on the licensed premises unless the licensee has applied for and been granted an entertainment…

Mich. Comp. Laws § 436.1917 Liability of vendor.

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Sec. 917. (1) A person who engages in the business of selling or keeping for sale alcoholic liquor in violation of this act, whether as owner, clerk, agent, servant, or employee, is equally liable, as principal, both civilly and criminally, for the violation of this act. (2) A pe…

Mich. Comp. Laws § 436.1919 Forging documents, labels, or stamps; prohibited conduct; penalty.

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Sec. 919. A person who falsely or fraudulently makes, simulates, forges, alters, or counterfeits a document, label, or stamp prescribed by the commission under this act or rules promulgated under this act, or who causes or procures to be falsely or fraudulently made, simulated, f…

Mich. Comp. Laws § 436.1921 Sale or exchange of ceramic commemorative bottles.

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Sec. 921. Notwithstanding section 203, a collector, who is 21 years of age or older, of ceramic commemorative bottles containing alcoholic liquor and bearing an unbroken federal tax stamp or seal may sell or trade the bottles to other such collectors of those bottles without obta…

Mich. Comp. Laws § 436.1923 Warehouse receipts for alcoholic liquor; authority of commission.

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Sec. 923. The commission has complete power to regulate, limit, and control the sale, transfer, barter, or exchange in this state of warehouse receipts for alcoholic liquor wherever alcoholic liquor is situated.

Mich. Comp. Laws § 436.1925 Construction of act; severability.

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Sec. 925. (1) This act shall be construed to effect the intent and purposes set forth in this act and to protect the public health, safety, and welfare of the citizens of this state. (2) If any provision of this act is found to be unconstitutional by a court of competent jurisdic…

Mich. Comp. Laws § 436.2001 Armories, air bases, naval installations and state military reservation.

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Sec. 1001. The commanding general of the Michigan national guard may publish by general order such regulations and restrictions as to the transportation, possession, sale, and use of alcoholic liquor in armories, air bases, and naval installations owned or leased by the state or …

Mich. Comp. Laws § 436.2003 False or fraudulent statements.

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Sec. 1003. A person who makes a false or fraudulent statement to the commission, orally or in writing, for the purpose of inducing the commission to act or refrain from taking action or for the purpose of enabling or assisting a person to evade the provisions of this act is guilt…

Mich. Comp. Laws § 436.2005 Adulterated, misbranded, or refilled liquors.

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Sec. 1005. (1) A licensee who, by himself or herself or by his or her agent or employee, sells, offers for sale, exposes for sale, or possesses alcoholic liquor that is adulterated, misbranded, or in bottles that have been refilled is guilty of a violation of this act. (2) For pu…

Mich. Comp. Laws § 436.2007 Alcoholic liquor as contraband.

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Sec. 1007. All alcoholic liquor that is manufactured, transported, sold, or possessed without the consent of the commission is hereby declared contraband and shall be disposed of by order of the commission.

Mich. Comp. Laws § 436.2009 Delivery of seized alcoholic liquor; bankruptcy; payment.

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Sec. 1009. (1) If alcoholic liquor is seized under a judgment rendered against a licensee or if a licensee becomes insolvent, the officer seizing that alcoholic liquor or the trustee in bankruptcy of the insolvent licensee shall deliver to the commission all alcoholic liquor foun…