Mich. Admin. Code R. 436.1011 - Prohibited conduct of licensees, agents, or employees
Rule 11.
(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 threaten,
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
without taking prompt, effective action to prevent and stop the annoying or
molesting of 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 without taking prompt, effective action to
prevent and stop the 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 PA 368, MCL
333.1101 to
333.25211
without taking prompt, effective action to prevent and stop the sale,
possession, or consumption on the licensed premises of any controlled
substances that are prohibited by 1978 PA 368, MCL
333.1101 to
333.25211.
(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.
Notes
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