Section R. 436.1142 - SDD license; limitation on applicationsRule 42.
(1) The commission shall not process an application for a new specially designated distributor license in any governmental unit in which the number of applications already under consideration by the commission equals or exceeds the number of new licenses available pursuant to the quota provisions of R 436.1141(1).(2) The commission shall maintain a record for each governmental unit of each person who has made an application for a new specially designated distributor license, but whose application was not processed pursuant to the provisions of subrule (1) of this rule.(3) When all applications for a new specially designated distributor license in any governmental unit have been disposed of by the commission and 1 or more new specially designated distributor licenses are still available, the commission shall provide written notification of the license availability to each person who has made an application for a new specially designated distributor license within that governmental unit, but whose application was not processed pursuant to the provisions of subrule (1) of this rule. Such notification shall be made by mail to the last known address of the person which appears in the commission's records. Within 30 days of the date of mailing of such a notification, a person shall notify the commission, in writing, and pay the required inspection fee if he or she is still interested in obtaining a new specially designated distributor license. A person who does not respond within the 30-day period shall not be given consideration for any available license. If at the end of the 30-day period the number of persons who have notified the commission of their desire to be considered for new specially designated distributor licenses within the governmental unit equals or exceeds the number of licenses available, pursuant to the provisions of subrule (1) of this rule any additional applications received shall not be processed.(4) When an application for a new specially designated distributor license is received by the commission for a location in a governmental unit in which new specially designated distributor licenses are not available because the quota established by the provisions of R 436.1141(1) has been filled, the commission shall notify the applicant that licenses are not available.(5) The commission shall maintain a record for each governmental unit of each person who has made an application for a new specially designated distributor license, but whose application was not processed pursuant to the provisions of subrule (4) of this rule.(6) When 1 or more specially designated distributor licenses becomes available in a governmental unit in which the quota established by the provisions of R 436.1141(1) had previously been filled, the commission shall provide written notification to each person who applied for a new specially designated distributor license within that governmental unit, but whose application was not processed pursuant to the quota provisions of R 436.1141(1). Within 30 days of the date of mailing of such a notification, a person shall notify the commission, in writing, and pay the required inspection fee if he or she is still interested in obtaining a new specially designated distributor license. A person who does not respond within the 30-day period shall not be given consideration for any available license. If at the end of the 30-day period the number of persons who have notified the commission of their desire to be considered for new specially designated distributor licenses within the governmental unit equals or exceeds the number of licenses available, pursuant to the provisions of subrule (1) of this rule, any additional applications received shall not be processed.(7) For purposes of determining the order in which initial applications for new specially designated distributor licenses are submitted to the commission as required by the provisions of R 436.1105(2)(f), the commission shall use the date on which a person first applied for the license, even if the application was not processed at that time due to the provisions of subrule (1) or (4) of this rule.Mich. Admin. Code R. 436.1142