Mich. Admin. Code R. 436.1142 - SDD license; limitation on applications
Rule 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.
Notes
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