Section R. 436.1105 - Application for license; denial; groundsRule 5.
(1) An applicant for a license shall provide evidence in the application of, or demonstrate at a hearing, all of the following: (a) Any of the following: (i) If an individual, that the applicant is the legal age for the consumption of alcoholic liquor in this state.(ii) If a partnership, that all partners are the legal age for the consumption of alcoholic liquor in this state.(iii) If a privately held corporation, that all stockholders are the legal age for the consumption of alcoholic liquor in this state, unless the stock of the stockholders is held in a fiduciary relationship.(iv) If a limited liability company, that all members are the legal age for the consumption of alcoholic liquor in this state.(b) The existence of adequate legitimate and verifiable financial resources for the establishment and operation of the proposed licensed business in proportion to the type and size of the proposed licensed business.(c) The existence of an adequate physical plant or plans for an adequate physical plant appropriate for the type and size of the proposed licensed business.(d) That the location of the proposed licensed business shall adequately service the public.(2) The commission shall consider all of the following factors in determining whether an applicant may be issued a license or permit:(a) The applicant's management experience in the alcoholic liquor business.(b) The applicant's general management experience.(c) The applicant's general business reputation.(d) The opinions of the local residents, local legislative body, or local law enforcement agency with regard to the proposed business.(e) The applicant's moral character.(f) The order in which the competing initial application forms are submitted to the commission; however, this subdivision shall not apply to an application for a resort license authorized by section 531 of 1998 PA 58, MCL 436.1531.(g) Past convictions of the applicant for any of the following: (ii) A crime involving the excessive use of alcoholic liquor.(iii) A crime involving any of the following:(h) Controlled substances.(iv) A misdemeanor of such a nature that it may impair the ability of the applicant to operate a licensed business in a safe and competent manner.(v) Sentencing for any of the offenses specified in this subrule after a plea of nolo contendere.(h) The applicant's excessive use of alcoholic liquor.(i) The effects that the issuance of a license would have on the economic development of the area.(j) The effects that the issuance of a license would have on the health, welfare, and safety of the general public.(3) An application for a new license, an application for any transfer of interest in an existing license, or an application for a transfer of location of an existing license shall be denied if the commission is notified, in writing, that the application does not meet all appropriate state and local building, plumbing, zoning, fire, sanitation, and health laws and ordinances as certified to the commission by the appropriate law enforcement officials. The commission may accept a temporary or permanent certificate of occupancy for public accommodation issued by the appropriate officials as evidence of compliance with this subrule.Mich. Admin. Code R. 436.1105
1979 AC; 1985 AACS; 1995 AACS; 1998-2000 AACS; 2004 AACS