15 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2002-040

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES LIQUOR CONTROL COMMISSION

CHURCH OR SCHOOL HEARINGS

 

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State

 

(By authority conferred on the liquor control commission by 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 436.1951, R 436.1953, R 436.1955, R 436.1959, and R 436.1963 of the Michigan Administrative Code are amended as follows:

 

R 436.1951 Definitions.

Rule 1. (1) “Act” means Act No. 8 of the Public Acts of the Extra Session of 1933, as amended, being §436.1 AS USED IN THESE RULES “ACT” MEANS 1998 P.A. 58, MCL 46.1101 ET SEQ.

 

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 defined in sections 2c or 2y of the act 107(5) OR 111(8) OF THE ACT, 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 436.1955 Filing of objection; copy to applicant; scheduling hearing.

Rule 5. (1) If the church or school objects to the issuance or transfer of location of the license, THEN the governing body of the church or school, by resolution, shall file the specific WRITTEN objections in writing with the Lansing office of the commission within 15 days of receipt of notification, unless granted additional time by the commission.

(2)  Upon receipt of the objections, the commission shall send a copy of the objections to the applicant.

 

 

(3)  The commission shall schedule a hearing pursuant to section 17a of the act 503 OF THE ACT within a reasonable period of time after receipt of the objections, unless the governing body of the church or school notifies the commission in writing that the objections have been resolved by the applicant and are being withdrawn.

 

R 436.1959 Burden of proceeding, closing arguments.

Rule 9. (1) The commission may, in its discretion, determine which party  shall 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 is objecting meets the definition of section 2c or 2y of the act 107(5) OR 111(8) OF THE ACT.

 

R 436.1963 Granting of the waiver.

Rule 13. The commission shall waive the provisions of section 17a of the act 503 OF THE ACT where the applicant shows by competent, material, and substantial evidence that a waiver of section 17a 503 would not adversely affect the operation of the church or school.