Section 436.1133. SDD license; prohibited issuance or transfer.

An application  for   a  new  specially   designated  distributor license or for the transfer of location of an existing specially designated distributor license shall not be approved by the commission if there is an existing  specially designated distributor license located within 2,640 feet of the proposed site. The method of measurement shall be as prescribed in section 503 of 1998 PA 58, MCL 436.1503. This rule may be waived  by the commission for any of the following reasons:

(a)         If   the  existing  specially designated  distributor  has    purchased         less  than

$10,000.00 in spirits from the commission during the last full  calendar year.

(b)       If the existing specially designated distributor has a B-hotel or A-hotel license.

(c)     If the proposed location and the existing specially designated distributor's licensed establishment are separated by a major thoroughfare of not less than 4 lanes of traffic.

(d)     If the proposed licensed establishment is located in a neighborhood shopping center which does not have an existing specially designated distributor's licensed establishment   and   if   the    proposed   licensed establishment is located not less than

1,000 feet from any existing specially designated distributor's licensed establishment. The method of measurement shall be as prescribed in section 503 of 1998 PA 58, MCL 436.1503.

(e)     If an existing specially designated distributor licensee is located within 2,640 feet of 1 or more existing specially designated distributor licensees and requests a transfer of location, which location is within 2,640 feet of the same existing specially designated distributor licensee or licensees, upon a showing of good cause by the licensee who is requesting the transfer of location.

History: 1979 AC; 2004 AACS.