Terms Used In Michigan Laws 207.1053

  • Department: means the department of treasury or its designee. See Michigan Laws 207.1002
  • Exporter: means a person who exports motor fuel. See Michigan Laws 207.1002
  • In this state: means the area within the borders of this state, including all territories within the borders owned by, held in trust by, or added to the United States of America. See Michigan Laws 207.1003
  • Liquid: means any substance that is liquid in excess of 60 degrees Fahrenheit and a pressure of 14. See Michigan Laws 207.1004
  • Motor fuel: means gasoline, diesel fuel, kerosene, a mixture of gasoline, diesel fuel, or kerosene, or a mixture of gasoline, diesel fuel, or kerosene and any other substance. See Michigan Laws 207.1004
  • Person: means and includes an individual, cooperative, partnership, firm, association, limited liability company, limited liability partnership, joint stock company, syndicate, and corporation, both private and municipal, and any receiver, trustee, conservator, or any other officer having jurisdiction and control of property by law or by appointment of a court other than units of government. See Michigan Laws 207.1004
  • Position holder: means a person who has a contract with a terminal operator for the use of storage facilities and other terminal services for motor fuel at the terminal, as reflected in the records of the terminal operator. See Michigan Laws 207.1004
  • Retail diesel dealer: means a person who sells or distributes diesel fuel to an end user in this state. See Michigan Laws 207.1005
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Terminal: means a motor fuel storage and distribution facility that meets all of the following requirements:
    (i) Is registered as a qualified terminal by the internal revenue service. See Michigan Laws 207.1006
  • Transporter: means an operator of a railroad or rail car, tank wagon, transport truck, or other fuel transportation vehicle engaged in the business of transporting motor fuel below the terminal rack. See Michigan Laws 207.1006
    •     (1) A person shall not engage in a business activity in this state where a license is required by this act unless the person is licensed under this act.
        (2) A person required to be licensed under this act shall apply for a license on a form or in a format prescribed by the department.
        (3) An application for a license under this act may contain any information the department may reasonably require to administer this act including the applicant’s federal identification number.
        (4) The following persons currently licensed on April 1, 2001 are not required to obtain a new license under this act and shall be considered licensed under this act:
        (a) A person licensed in this state as a supplier on April 1, 2001 shall be considered licensed as a supplier under this act but only if the person is a terminal operator or a position holder in a terminal on April 1, 2001.
        (b) A wholesale distributor who on April 1, 2001 possesses a valid exemption certificate issued under former section 12 of 1927 PA 150 shall be considered licensed as a fuel vendor under this act.
        (c) A person licensed in this state as an exporter on April 1, 2001 shall be considered licensed as an exporter under this act.
        (d) A person licensed in this state as a liquid fuel hauler on April 1, 2001 shall be considered licensed as a transporter under this act.
        (e) A person licensed in this state as a retail dealer of diesel motor fuel on April 1, 2001 shall be considered licensed as a retail diesel dealer under this act.
        (5) A person considered licensed under subsection (4) is subject to all of the provisions of this act except those requiring an application for a new license.
        (6) Except as otherwise provided in this act, a person who is engaged in more than 1 business activity for which a license is required under this act shall be licensed for each business activity.
        (7) A person who is licensed as a supplier is not required to obtain a separate license for any other business activity for which a license is required under this act except as a retail diesel dealer or as an alternative fuel dealer or alternative fuel commercial user under section 151 to 155.
        (8) A person who negligently violates this section is subject to a civil penalty of $1,000.00.
        (9) A person who knowingly violates or knowingly aids and abets another to violate this section is guilty of a felony.

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