Section 436.1011. Prohibited conduct of licensees, agents, or employees.

(1) The clerk, servant, agent, or employee of a  licensee  shall not engage in an illegal occupation or illegal act on the licensed premises. A certified copy of a conviction is prima facie evidence of a violation.

(2)      A licensee, an officer of a licensed corporation, a stockholder of a privately held corporation, or a member or manager of a   limited  liability company shall not, on or off its  licensed premises,  commit  any of  the following:

(a)    )  A felony.

(b)     A crime involving the excessive use of alcoholic liquor.

(c)      A crime involving gambling, prostitution, weapons, violence, tax evasion, fraudulent activity, or controlled substances.

(d)    A misdemeanor that impairs, or may impair, the ability of the person to operate the licensed business in a safe and competent manner.

(e)      Any of the offenses specified in this  subrule  which  results  in sentencing after a plea of nolo contendere and for which the licensee is subject to the penalties in section 903 of the act. A certified copy of a conviction is prima facie evidence of a violation.

(3)     The provisions of subrules (1) and (2) of this rule apply to the person, the officer of a corporate entity, the stockholder of a privately  held corporate entity, or the member or manager of a limited liability entity of the person named as a participant on the licensee's participation permit.

(4)      A licensee, or the clerk, servant, agent, or employee of the licensee, shall not hinder or obstruct  a  law  enforcement  officer  or   commission inspector or investigator in the course of making an investigation or inspection of the premises and shall not refuse, fail, or neglect to cooperate with a law enforcement officer or a commission inspector or investigator in the performance of his or her duties to enforce the act or commission rules.

(5)      A licensee, or the clerk, servant, agent, or employee of a licensee, shall not impersonate a commission employee, a commission investigator, or a law enforcement officer empowered to enforce the act or commission rules.

(6)     A licensee, or the clerk, servant, agent, or employee of the licensee, shall not do any of the following:

(a)     Allow, on the  licensed  premises,   the  annoying  or  molesting  of customers or employees by other customers or employees.

(b)        Knowingly allow the licensed premises to be used by any person for the purposes of accosting or soliciting another person to commit prostitution.

(c)        Allow, on the licensed premises, fights, brawls, or the improper use of firearms, knives, or other weapons.

(d)       Allow the sale, possession, or consumption on the licensed premises of any controlled substances that are prohibited by 1978 P.A. 368, MCL 333.1101 et seq.

(e)      Allow narcotics paraphernalia to be used, stored, exchanged, or sold on the licensed premises.

(7)      A retail licensee shall not sell any alcoholic liquor off the licensed premises, except as follows:

(a)      An on-premises licensee may provide out-of-doors service if done in accord with the provisions of R 436.1419.

(b)        An off-premises licensee may deliver a preordered quantity of alcoholic liquor to a customer; however, the licensee  shall  not   make  a delivery to a customer on the campus of a 2- or 4-year college or university, unless the customer is licensed by the commission.

(c)      An off-premises licensee may provide out-of-doors service if done in accord with the provisions of R 436.1521.

History:  1979 AC; 1983 AACS; 1985 AACS; 1986 AACS 1986; 1995 AACS; 1998-2000 AACS;