Section R. 436.1001 - DefinitionsRule 1.
(1) As used in these rules: (a) "Act" means 1998 P.A. 58, MCL 436.1101 to 436.2203.(b) "Broker" means a person, other than an individual, that is licensed by the commission and that is employed or otherwise retained by any of the following entities to sell, promote, or otherwise assist in the sale or promotion of alcoholic liquor: (ii) A vendor of spirits.(iii) An outstate seller of beer.(iv) An outstate seller of wine.(v) An outstate seller of mixed spirit drink.(vi) A manufacturer of mixed spirit drink.(c) "Co-licensee" means 1 of 2 or more persons whose names appear on any single license issued by the commission, except for a person whose name appears on the license in a fiduciary capacity. All co-licensees on a single license are considered a partnership for purposes of the act and these rules.(d) "Cooperative advertising" means a joint effort between licensees or vendors of spirits to advertise alcoholic liquor.(e) "Department store" means a retail store that has all of the following: (i) More than 15,000 square feet.(ii) A minimum of 4 separate and distinct major departments that include at least 1 of the stores listed in R 436.1129(1)(a) to (g).(iii) A minimum inventory of $250,000.00, at cost.(f) "Drive-in" or "drive-through" means an establishment that allows the sale of alcoholic liquor to a retail customer through a service window or similar aperture without requiring the retail customer to exit his or her vehicle to make the purchase and includes an establishment that allows the retail customer to drive in or through any enclosed building or structure and make a purchase of alcoholic liquor without requiring the retail customer to exit his or her vehicle.(g) "Drive-up or walk-up window" means a service window, door, or other aperture through which a customer may purchase merchandise without that customer entering the licensed premises.(h) "Driver helper" means a person who is not less than 18 years of age and who accompanies and assists, and who may only accompany and assist, a licensed salesperson in delivering alcoholic liquor to a retail licensee.(i) "Licensed premises" means any portion of a building, structure, room, or enclosure on real estate that is owned, leased, used, controlled, or operated by a licensee in the conduct of the business at the location for which the licensee is licensed by the commission, except when otherwise specified by commission rule or written commission order.(j) "Licensee" means the person to whom a license is issued by the commission to manufacture, sell, import, warehouse, deliver, or promote, or otherwise assist in the sale of, alcoholic liquor.(k) "Major thoroughfare" means a street or highway which is primarily for through traffic and which has not less than 4 lanes of traffic, excluding any lanes that are used primarily for turning purposes and any lanes in which parking is allowed at any time.(l) "Neighborhood shopping center" means 1 commercial establishment, or a group of commercial establishments organized or operated as a unit, which is related in location, size, and type of shop to the trade area that the unit serves and which consists of not less than 50,000 square feet of leasable retail space and has access to off-street parking spaces.(m) "Off-premises licensee" means a person who is licensed by the commission to sell alcoholic liquor at retail for consumption off the licensed premises.(n) "On-premises licensee" means a person who is licensed by the commission to sell alcoholic liquor at retail for consumption on the licensed premises.(o) "Permit" means a contract between the commission and a licensee granting authority to the licensee to perform the functions defined in the act or commission rules for a specific permit.(p) "Privately held corporation" means a corporation that does not trade its stock on a stock exchange or in over-the-counter transactions. A subsidiary of a corporation that trades its stock on a stock exchange or in over-the-counter transactions is not a privately held corporation.(q) "Public room" means a room that is open for use by the general public for eating, drinking, or amusement. "Public room" does not mean any of the following: (xii) An area similar to the areas specified in this subdivision.(r) "Release" means a document in which written permission is granted by the commission to ship alcoholic liquor into this state.(s) "Salesperson" means a person who is employed by any of the following entities and who is licensed by the commission to sell, deliver, or promote, or otherwise assist in the sale of, alcoholic liquor in this state: (iii) A manufacturer of beer or wine.(iv) An outstate seller of beer or wine.(t) "Sample of alcoholic liquor" means a container that bears the word "sample" and is not more than 1.75 liters or 59.17 United States fluid ounces. If a product is not available in a container of 1.75 liters or less, then the next larger size may be substituted. However, a container shall not be more than 3 liters.(u) "Sports/entertainment venue" means a facility that is licensed to sell alcoholic liquor for on-premises consumption, has a seating capacity of 4,500 or more, is primarily used for sporting events or other entertainment, and is not located on the campus of a 2- or 4-year college or university.(v) "Temporary bin display" means a freestanding device that is constructed of any material that is used for the exhibition of beer, wine, or spirits on the premises of a retail licensee who is licensed for off-premises sales only and that must be removed from the retail licensed premises not later than 120 days after installation.(w) "Vendor representative" means a person who is licensed by the commission and who is authorized by a manufacturer of beer or wine, an outstate seller of beer or wine, or a vendor of spirits to represent the respective employer or principal in transactions with the commission.(2) Terms defined in the act have the same meanings when used in these rules.(3) Terms defined in the act and these rules have the same meanings when used in rules previously or hereafter promulgated by the commission.Mich. Admin. Code R. 436.1001
1979 AC; 1982 AACS; 1984 AACS; 1985 AACS; 1986 AACS; 1987 AACS; 1994 AACS; 1998-2000 AACS; 2003 AACS; 2016 MR 23, Eff. 12/20/2016.