Michigan Laws 436.1903a – Conviction or administrative disqualification of licensee; electronic transaction; sanctions; hearing and appeal procedures; definitions
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Terms Used In Michigan Laws 436.1903a
- Alcoholic liquor: means any spirituous, vinous, malt, or fermented liquor, powder, liquids, and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume that are fit for use for food purposes or beverage purposes as defined and classified by the commission according to alcoholic content as belonging to 1 of the varieties defined in this chapter. See Michigan Laws 436.1105
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(1) A licensee is subject to the licensing sanctions in subsection (2) if the licensee is convicted or administratively disqualified as the result of an electronic transaction to which all of the following apply:
(a) The transaction is a transaction for food assistance program benefits.
(b) The transaction involves an item other than eligible food.
(c) The transaction is related to the sale of alcoholic liquor under that licensee’s liquor license.
(2) The commission or a commissioner or duly authorized agent of the commission designated by the chairperson of the commission shall, upon due notice and proper hearing, impose the following license sanctions upon a licensee described in subsection (1):
(a) For a first violation, a license suspension for between 30 and 60 days.
(b) For a second violation, a license suspension for between 61 and 120 days.
(c) For a third or subsequent violation, revocation of the license.
(3) A licensee aggrieved by a sanction imposed under subsection (2) may invoke the hearing and appeal procedures of section 903(2) and rules promulgated under that section.
(4) As used in this section:
(a) “Administratively disqualified” means administratively disqualified from acting as a merchant under the food and nutrition act of 2008, 7 USC 2011 to 2036a, or 7 C.F.R. § 278.6 because the licensee has engaged in trafficking as that term is defined in 7 C.F.R. § 271.2. A licensee is not administratively disqualified until any administrative or judicial review under 7 C.F.R. § part 279 is complete.
(b) “Convicted” means that the licensee either was convicted of or pled guilty to a crime under section 300a(1)(c) of the Michigan penal code, 1931 PA 328, MCL 750.300a.