Title 4 — Economic Resources
115 chapters · 1,861 sections in this title.
4 CMC § 5540 Issuance Restrictions: Unfit Person
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5540. Issuance Restrictions: Unfit Person. The board shall not issue a license of any class to any person the board deems unfit to hold a license. Source: MIDC § 11.08.190. Commission Comment: With respect to the refer…
4 CMC § 5541 Issuance Restrictions: On-Sale; Premises Near Church, Hospital or School
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5541. Issuance Restrictions: On-Sale; Premises Near Church, Hospital or School. The board shall not issue an on-sale license for premises located within a distance of 300 feet from any church, hospital, or public or pr…
4 CMC § 5542 Issuance Restrictions: On-Sale; Number
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5542. Issuance Restrictions: On-Sale; Number. The board shall not issue a greater number of on-sale premises licenses within a municipality or a portion of a municipality than it deems consistent with the public intere…
4 CMC § 5543 Board Disapproval of License Applications
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5543. Board Disapproval of License Applications. The board may disapprove an application for a license, upon findings, through adequate investigation, that such refusal is in the public interest. Source: MIDC § 11.08.2…
4 CMC § 5544 Application Denial: Review
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5544. Application Denial: Review. Where an application for license has been denied in accordance with 4 CMC § 5543, a person aggrieved by such a denial shall be entitled to a review of the decision by the Governor. Sou…
4 CMC § 5551 Conduct of Business
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5551. Conduct of Business. A licensee, whether manufacturer, wholesaler, or retailer, shall not encourage the consumption of alcoholic beverages, but shall confine his business to the supply of the demand for alcoholic…
4 CMC § 5552 Conditions of Premises
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5552. Conditions of Premises. The board shall have the power to prescribe by regulation the arrangement, construction, equipping, lighting, and sanitary facilities of any premises as will provide a safe and sanitary pr…
4 CMC § 5553 Unauthorized Alcoholic Beverages: Possession Forbidden
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5553. Unauthorized Alcoholic Beverages: Possession and Offer for Sale Forbidden. A licensee shall not keep or offer for sale upon the premises any alcoholic beverages and/or untaxed items other than those in which he o…
4 CMC § 5554 Hours of Sale: On-Sale Premises
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5554. Hours of Sale: On-Sale Premises. (a) An on-sale licensee shall not sell or serve any alcoholic beverages after two a.m. A licensee may begin selling and serving alcoholic beverages at nine a.m., and shall secure …
4 CMC § 5555 Hours of Sale: Off-Sale Premises
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5555. Hours of Sale: Off-Sale Premises. An off-sale licensee shall not sell alcoholic beverages prior to seven a.m. and after ten p.m. Source: MIDC § 11.12.050.
4 CMC § 5556 Hours of Sale: Holidays and Special Events
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5556. Hours of Sale: Holidays and Special Events. The Governor shall have the discretion to change the hours of sale on holidays and special events. Source: MIDC § 11.12.060. Commission Comment: See the comment to 4 CM…
4 CMC § 5557 Election Day: Sale Prohibited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5557. Election Day: Sale Prohibited. (a) An on- or off-sale licensee shall not sell or serve alcoholic beverages on any island where an election is in progress during the hours when the polls are required by law to be …
4 CMC § 5558 Sale to Intoxicated Persons Prohibited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5558. Sale to Intoxicated Persons Prohibited. A licensee and his employees shall not sell or give permission to be sold or give any alcoholic beverages to any person who is obviously intoxicated. Source: MIDC § 11.12.0…
4 CMC § 5559 Sale to Minors and Persons Without Identification Card Prohibited; Penalty; Defense
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5559. Sale to Minors and Persons without Identification Card Prohibited; Penalty; Defense. (a) No person shall sell, give, serve or permit his agent to sell, give or serve any person who is under the age of 21 years, a…
4 CMC § 5560 Consumption on Public Way Prohibited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5560. Consumption on Public Way Prohibited. A person shall not consume any alcoholic beverage on a public highway, road or within the premises of any public building while being used for government purposes. Source: MI…
4 CMC § 5561 Refilling Distilled Spirits Container Prohibited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5561. Refilling Distilled Spirits Container Prohibited. A licensee shall not refill any distilled spirit container with distilled spirits nor offer for sale or sell distilled spirits from a container that has been refi…
4 CMC § 5562 Restrictions on Transactions Between Licensees
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5562. Restrictions on Transactions Between Licensees. A manufacturer, agent, or wholesaler of alcoholic beverages shall not: (a) Knowingly discriminate, directly or indirectly, in the same trading area in the price of …
4 CMC § 5563 Consumption by Licensee and Employees While on Duty Prohibited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5563. Consumption by Licensee and Employees While on Duty Prohibited. No employee, owner, manager, or agent thereof of any licensed premises shall consume or be permitted to consume any alcoholic beverage while on duty…
4 CMC § 5564 Stacking Drinks Prohibited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5564. Stacking Drinks Prohibited. No on-sale licensee, agent, or employee thereof shall serve more than one drink at any one time to any individual; provided that bucket sale of no more than six cans or bottled alcohol…
4 CMC § 5565 Minors: Mixing Prohibited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5565. Minors: Mixing Prohibited. A licensee, his agent, or employee shall not permit any person under the age of 21 years to mix any alcoholic beverages at any on-sale establishment. Provided further that, for purposes…
4 CMC § 5566 Minors: Entering On-Sale Establishments; Prohibited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5566. Minors: Entering On-Sale Establishments; Prohibited. With the exception of restaurants, no person under 21 years of age shall be admitted or allowed to enter into any Class-3 On-Sale establishment whose primary b…
4 CMC § 5567 Minors: Permitting to Sell in Retail Off-Sale Premises Prohibited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5567. Minors: Permitting to Sell in Retail Off-Sale Premises Prohibited. No licensee who holds a retail dealer off-sale license, his agent or employee shall permit any person who is under the age of 18 years to sell or…
4 CMC § 5568 Minors: Permitting to Sell in Retail Off-Sale Premises; Penalty
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5568. Minors: Permitting to Sell in Retail Off-Sale Premises; Penalty. Any violation of 4 CMC § 5567 is guilty of a misdemeanor and shall upon conviction, be fined not more than $1,000 and/or imprisoned for not more th…
4 CMC § 5570 Composition; Terms; Chairman
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5570. Composition; Terms; Chairman. The board shall consist of six members who shall be appointed by the Governor, with the advice and consent of the legislature, for terms of two years each, or until their successors …
4 CMC § 5571 Ineligibility for Membership
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5571. Ineligibility for Membership. A person is not eligible for membership on the board who: (a) Is or becomes interested, directly or indirectly, in any business involving the importation, manufacture, or sale of alc…
4 CMC § 5572 Disqualification and Removal of Members
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5572. Disqualification and Removal of Members. The Governor shall remove any disqualified member whenever such disqualification shall appear. Source: MIDC § 11.16.030. Commission Comment: See the comment to 4 CMC § 551…
4 CMC § 5573 Compensation
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5573. Compensation. Every member of the board who is not in the service of the government for which he receives compensation shall be paid an amount to be determined by the Governor. Source: MIDC 11.16.040. Commission …
4 CMC § 5574 License Powers
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5574. License Powers. The board may license the importation, manufacture, and sale of alcoholic beverages and suspend, revoke and reinstate such licenses. Source: MIDC 11.16.050. Commission Comment: With respect to the…
4 CMC § 5575 Regulations
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5575. Regulations. The board shall make regulations not inconsistent with the provisions of this chapter and amend or repeal them as it deems necessary to carry out all intents of the provisions of this chapter and to …
4 CMC § 5576 Power to Require Licensee Records and Reports
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5576. Power to Require Licensee Records and Reports. The board may prescribe the character and manner of keeping books and records by licensees and the power to require such reports from licensees, common and private c…
4 CMC § 5577 Power to Prescribe License Forms
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5577. Power to Prescribe License Forms. The board shall prescribe the form for all applications for licenses or renewal of licenses and other papers it shall require including verification, and the information to be co…
4 CMC § 5578 Appropriation of Licensing Fees and Civil Fines
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5578. Appropriation of Licensing Fees and Civil Fines. (a) The Secretary of Commerce or his designee shall cause all licensing fees and civil fines received to be paid to the Commonwealth Treasurer. All licensing and a…
4 CMC § 5579 Records
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5579. Records. The board shall cause special records to be prepared of all its meetings, proceedings, and business including the number, class, and kinds of licenses issued, denied, suspended, and revoked, and moneys r…
4 CMC § 5580 Vacancies
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5580. Vacancies. Vacancies shall be filled in the same manner in which the original appointments were made. Source: MIDC § 11.16.110.
4 CMC § 5581 Meetings
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5581. Meetings. Meetings shall be held periodically, as conditions require, and shall be called by the chairman or the Governor. Source: MIDC § 11.16.120.
4 CMC § 5582 Procedure for Application Approval
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5582. Procedure for Application Approval. All members shall have the opportunity to consider each license application and shall either approve or disapprove it. The chairman shall review the application first, sending …
4 CMC § 5585 Sampling Activity or Event
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5585. Sampling Activity or Event. There shall be no limitation on the frequency of sampling activities or events. Sampling activities or events may be conducted at any on-sale or off-sale licensed establishment by the …
4 CMC § 5586 Procedures for Sampling
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5586. Procedures for Sampling. (a) No sample may be offered from more than four products at any one time. (b) No more than one bottle of each of the four products to be sampled may be displayed and opened at any one ti…
4 CMC § 5590 Enforcement Powers
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5590. Enforcement Powers. The Department of Commerce, Alcoholic Beverage and Tobacco Control Division, shall have all the powers of peace officers in the enforcement of the provisions of this chapter and the regulation…
4 CMC § 5591 Inspection Authority
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5591. Inspection Authority. (a) Department of Commerce, Alcohol Beverage Control Inspectors shall have the right at all times without notice and without legal process to visit and have immediate access to every part of…
4 CMC § 5592 Seizure: Authority
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5592. Seizure: Authority. The Director of the Department of Commerce, Alcoholic Beverage and Tobacco Control Division shall have the power to seize and hold without legal process until an order of disposition is made b…
4 CMC § 5593 Seizure: Report
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5593. Seizure: Report. Every person who seizes any alcoholic beverages, vehicles or other property subject to seizure under the provision of this Article shall file without delay a written report of the seizure with th…
4 CMC § 5594 Seizure: Forfeiture
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5594. Seizure: Forfeiture. (a) Upon receiving a written report of the seizure of alcoholic beverages, vehicles or other property subject to seizure under the provisions of this Article the Attorney General shall instit…
4 CMC § 5595 Seizure: Release and Return
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5595. Seizure: Release and Return. Upon finding that any alcoholic beverages, vehicles or other property were erroneously or illegally seized, the court shall order the seized property released and returned to the pers…
4 CMC § 5596 Disposition of Property Forfeited
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5596. Disposition of Property Forfeited. (a) Unlicensed Manufacturer. The court shall order destroyed all alcoholic beverages forfeited by reason of adulteration, dilution or manufacture in the Commonwealth by other th…
4 CMC § 5597 Revocation of License: Causes
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5597. Revocation of License: Causes. A licensee of any class may be revoked on any of the following grounds: (a) The continuation of a license would be contrary to the public interest; (b) The violation of, causing or …
4 CMC § 5598 Revocation of License: Temporary
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5598. Revocation or Suspension of License: Temporary. Upon the filing of a sworn written report with the Director or by an inspector setting forth pursuant to any grounds in § 5597 for the suspension or revocation of a…
4 CMC § 5599 Revocation of License: Hearings
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5599. Revocation or Suspension of License: Hearing. The Secretary upon receipt of the report required in § 5598 shall, as soon as practicable, hold a hearing on such report, and may suspend or revoke the license of any…
4 CMC § 5600 Revocation of License: Accusation
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5600. Revocation or Suspension of License: Accusation. Without reference to the Director, any person may file an accusation with the Secretary against any licensee setting forth a ground for suspending or revoking a li…
4 CMC § 5601 Civil Penalties and Fines
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5601. Civil Penalties and Fines. The Secretary upon determining that any licensee is guilty of violating any of the provisions of this Chapter may impose the following fines and penalties: (a) First Offense: a $1,000 f…