Department of CONSUMER AND INDUSTRY SERVICES Licensing and Regulatory Affairs

Liquor Control Commission

CHURCH OR school HEARINGS

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state

unless adopted under section 33, 44, or 45a(9) of the administrative procedures

act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under

these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the liquor control commission by section 40 of article IV of the state constitution of 1963, sections 201 and 215(1) of the Michigan liquor control code of 1988, 1998 PA 58, MCL 436.1201 and 436.1215, and Executive Reorganization Order No. 2011-4, MCL 445.2030 sections 215(1) and 503 of 1998 P.A. 58, MCL 436.1215(1), and 436.1503, and section 33 of 1969, P.A. 306, MCL 24.233)

R 436.1953 and R 436.1959 of the Michigan Administrative Code are amended, as follows:

R 436.1953  Notice of application and proposed location.  

  Rule 3. If the commission determines through investigation that the proposed location of an applicant is within 500 feet of a church or school, as those terms are defined in section 107(7) or 111(8) of the act, MCL 436.1107 or 436.1111, the clergyman of the church or superintendent of the school shall be notified of the application and the proposed location if the applicant desires 1 of the following:

   (a) A new license to sell alcoholic liquor for consumption on the premises or the transfer of location of an existing license to sell alcoholic liquor for consumption on the premises.

   (b) A new specially designated distributor license or the transfer of location of an existing specially designated distributor license.

   (c) A new specially designated merchant license in conjunction with a license to sell alcoholic liquor for consumption on the premises or the transfer of location of an existing specially designated merchant license in conjunction with a license to sell alcoholic liquor for consumption on the premises.

R 436.1959  Burden of proceeding, closing arguments.

  Rule 9. (1) The commission may, in its discretion, determine which party will have the burden of proceeding. The representative of the church or school may make the final argument.

  (2) The representative of the church or school shall be prepared to show that the church or school which that is objecting meets the definition of the terms defined in section 107(7) or 111(8) of the act, MCL 436.1107 or 436.1111.