Mich. Admin. Code R. 436.1511 - Open containers on licensed premises prohibited; exception; consumption of liquor on licensed premises prohibited; exception

Rule 11.

(1) An off-premises licensee who is not licensed as an on-premises licensee shall not have any open containers of alcoholic liquor on the licensed premises, except for the following:

(a) A defective or sample bottle or can.

(b) A returnable container returned by a customer of the off-premises licensee for a refund of the deposit on the container.

(c) A bottle or can containing alcoholic liquor to be used in the preparation of bakery or deli items by the employees of the off-premises licensee who also holds a Michigan department of agriculture food establishment license, if all of the following conditions are met:

(i) The alcoholic liquor is used exclusively in the preparation of food products that are cooked or baked before consumption and, at the point of consumption, have an alcoholic content of less than 1/2 of 1%.

(ii) The bottle or can is resealed and stored in a locked, separate storage compartment within the food preparation area when the contents are not being used in food preparation.

(iii) The off-premises licensee maintains a clearly defined food preparation area on the licensed premises of not less than 500 square feet.

(iv) The off-premises licensee has obtained the approval of the commission for the use of alcoholic liquor in the preparation of food on the licensed premises.

(2) An off-premises licensee who is not licensed as an on-premises licensee shall not allow the consumption of alcoholic liquor on the licensed premises, except for the consumption of alcoholic liquor in sample bottles or cans. Only an off-premises licensee, or the clerk, servant, agent, or employee of the off-premises licensee, may consume the contents of a sample bottle or can on the licensed premises.

Notes

Mich. Admin. Code R. 436.1511

1980 AACS; 1998-2000 AACS

Pursuant to Section 56 of Act No. 306 of the Public Acts of 1969, as amended, being Section 24.256 of the Michigan Compiled Laws, this rule has been corrected at the request of the department to correct an obvious error. The rule contained a typographical error as published in the Michigan Register and filed with the Office of Great Seal. R 436.1 511 (1)(c)(i) contained the word "exclusively" which should have read "exclusively"