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                DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                         LIQUOR CONTROL COMMISSION

                                ADVERTISING


(By authority conferred on the liquor control commission by section 215(1) of 
Act No. 58 of the Public Acts of 1998, as amended, being §436.1215(1) of  the 
Michigan Compiled Laws)


R  436.1301  Rescinded.

  History: 1979 AC; 1981 AACS.


R  436.1303   Beer.
  Rule  3.  Beer  shall  not  be  advertised  in  this   state   unless   the 
advertising is in  accordance  with  these  rules  and   the   federal   malt 
beverage regulations published in 27 C.F.R., part 7, subpart  F,   1936,   as 
amended,  as  of  January  1,  1975,  which  are   incorporated   herein   by 
reference. Copies of the federal regulations are on file  and  available   to 
the public in the Lansing office of the commission at cost.

  History: 1979 AC.


R  436.1305   Wine.
  Rule  5.  Wine  shall  not  be  advertised  in  this   state   unless   the 
advertising is in  accordance  with  these  rules  and   the   federal   wine 
regulations published in 27 C.F.R., part 4, subpart G, 1935,  as  amended, as 
of January 1, 1975, which are incorporated herein by  reference.   Copies  of 
the federal regulations are on file and  available  to  the  public  in   the 
Lansing office of the commission at cost.

  History: 1979 AC.


R  436.1307   Spirits.
  Rule 7. Distilled spirits shall not be advertised in  this   state   unless 
the advertising  is  in  accordance  with  these  rules   and   the   federal 
distilled spirits regulations published in 27 C.F.R., part  5,   subpart   H, 
1969, as of January 1, 1975, which are incorporated herein  by  reference.
Copies of the federal regulations are on file and available to the  public in 
the Lansing office of the commission at cost.

  History: 1979 AC.


R  436.1309   Advertising approval.
  Rule  9.  The  commission  reserves  the  right  to   review   and   reject 
advertising not in accordance with these rules. Upon written  order  of   the 
commission, a manufacturer, an outstate seller of beer, an outstate seller of 
wine, or  a  wholesaler  shall   furnish   full   information   as   to   the 
advertising to enable the commission to review the advertising.

  History:  1979  AC; 1989 AACS.


R  436.1311   Prohibited advertising.
  Rule 11. An advertisement or label affixed  to   a   container,   covering, 
carton, or case of containers of alcoholic liquor shall not  depict  or  make 
reference in any manner to minors.

  History: 1979 AC.


R 436.1313  Inside advertising signs and displays.
  Rule 13. (1) Except as provided for in this rule, a retail  licensee  shall 
ensure that an advertising sign for alcoholic liquor that is used inside  the 
licensee's premises is an unilluminated sign that does not have a total  area 
of more than 3,500 square inches.
  (2) The total area of any other sign that is attached to,  or  a  necessary 
part of, a sign is included in the 3,500 square inches limitation.
  (3) A sports/entertainment venue may utilize illuminated advertising  signs 
and advertising signs that have a total area of more than 3,500 square inches 
in the arena area, concourse area, or private suite areas.
  (4) Any of the following  entities  may  provide  and  install  illuminated 
advertising signs and advertising signs that have a total area of  more  than 
3,500 square inches per sign  inside  the  arena  area,  concourse  area,  or 
private  suite  areas  of  a  sports/entertainment  venue  as  defined  by  R 
436.1001(u):
  (a) A brewer.
  (b) A micro brewer.
  (c) A wine maker.
  (d) A small wine maker.
  (e) An outstate seller of beer.
  (f) An outstate seller of wine.
  (g) An outstate seller of mixed spirit drink.
  (h) A manufacturer of spirits.
  (i) A manufacturer of mixed spirit drink.
  (j) A vendor of spirits.

  History: 1979 AC; 1994 AACS; 2000 AACS.

  Editor's Note: An obvious error in  R  436.1313(4)  was  corrected   at the 
request of the promulgating agency, pursuant to Section   56   of   1969   PA 
306, as amended by 2000 PA 262, MCL 24.256.  The    rule    containing    the 
error   was published  in Michigan Register, 2002 MR  20.    The   memorandum 
requesting  the correction  was published in Michigan Register, 2003 MR 11. 


R  436.1315   Retail advertising space.
  Rule 15. A manufacturer, an outstate seller of beer, an outstate  seller of 
wine, or a wholesaler shall not sell or  in   any   manner   furnish   to   a 
retail licensee, and a retail licensee shall not  accept,   either   of   the 
following:
  (a) Advertising which has  the  name  of  the  retail   licensee   on   the 
advertising.
  (b) Money or other valuable consideration for advertising   space   in   or 
upon the premises of the retail licensee.

  History: 1979  AC; 1989 AACS.


R  436.1317   Brand promotion.
  Rule 17. (1) A salesperson or a vendor representative may do  any  of   the 
following, on the licensed premises of a person who is   licensed   only   to 
sell alcoholic liquor at retail for consumption off  the  licensed  premises, 
with alcoholic liquor that is owned by the off-premises  retail  licensee:
  (a) Build a display of those brands that are represented or  sold  by   the 
salesperson or vendor representative.
  (b) Mark the price on those brands that are represented or  sold   by   the 
salesperson or vendor representative.
  (c) Rotate those brands that are represented or sold by the  salesperson or 
vendor representative.
  (d) Place those brands that are represented or sold by  the  salesperson or 
vendor representative on shelves.
  (2) A  salesperson  or  vendor  representative  shall   not   remove   from 
shelves, or rearrange or otherwise disturb, any brand  of  alcoholic   liquor 
that  is  not  represented  or  sold  by   the    salesperson    or    vendor 
representative.

  History: 1979 AC; 1992 AACS.


R  436.1319   Cooperative advertising.
  Rule 19. (1) There shall not be cooperative advertising:
  (a) Between a manufacturer, an outstate  seller  of   beer,   an   outstate 
seller of wine, and a retail licensee.
  (b) Between a wholesaler and a retail licensee.
  (c) Between a manufacturer, an outstate  seller  of   beer,   an   outstate 
seller of wine, and a wholesale licensee.
  (2) A manufacturer, an outstate seller of beer, or an  outstate  seller  of 
wine may:
  (a) Pay the cost of painting the trucks of a wholesale licensee.
  (b) Supply brand  logo  decals  and  advertising  mats   to   a   wholesale 
licensee without cost.
  (c) Use the name of his wholesaler in his advertising.
  (3) The name of a retail licensee shall not appear in the advertising of  a 
manufacturer, an outstate seller of beer, an outstate seller of  wine,  or  a 
wholesaler.

  History:  1954 ACS 84, Eff. Oct. 3, 1975; 1979 AC.


R  436.1321   Contests and advertising articles.
  Rule 21.  (1)  There  shall  not  be  advertising   of   alcoholic   liquor 
connected with offering a prize or award on the completion  of   a   contest, 
except upon prior written approval of the commission.
  (2) Spirits shall  not  be  advertised  on  the  premises   of   a   retail 
licensee, except as provided in these rules or upon prior written approval of 
the commission.
  (3) There shall not be advertising of alcoholic liquor  on  anything  which 
has any value, use, or purpose other than the   actual   advertising   value, 
except upon written order of the commission.
  (4) Advertising material which does not contain the  name   of   a   retail 
licensee and does not have a secondary value, but  explains  the  production, 
sale, or consumption of alcoholic liquor may be published and  distributed in 
this state.
  (5) Alcoholic liquor recipe literature which does not contain  the  name of 
a retail licensee may be published and distributed in this state.
  (6) All gambling devices,  including  punch  boards  and   games   of   any 
description used for advertising purposes, are prohibited.
  (7) A manufacturer, an outstate seller of beer, an   outstate   seller   of 
wine, or a wholesaler may sell novelty items bearing brand  logo  type,  upon 
written order of the commission. These novelty items  shall   not   be   sold 
below their cost by the manufacturer, outstate seller   of   beer,   outstate 
seller of wine, or wholesaler.
  (8) A licensee licensed to sell alcoholic liquor for  consumption  on   the 
premises shall not sell, give, or furnish to anyone,  novelty  items  bearing 
brand logo type on the licensed  premises,  nor  shall   the   licensee   use 
novelty items on the licensed premises except upon written   order   of   the 
commission.

  History: 1979 AC.


R  436.1323   Team sponsorship.
  Rule 23. (1) A licensee may own or sponsor and furnish  equipment  for   an 
athletic team under his own license name. The  name  of   the   sponsor   may 
appear on the team uniform.
  (2) A licensee shall not aid or assist another licensee  by  sponsoring  or 
equipping athletic teams and a licensee  shall  not  accept   such   aid   or 
assistance.

  History: 1979 AC.


R  436.1325   Calendars and matchbooks.
  Rule 25. (1) A manufacturer, an outstate seller  of   beer,   an   outstate 
seller of wine, or a wholesaler shall not give  anything  of   value   to   a 
customer.
  (2) A manufacturer, an outstate seller of beer, an   outstate   seller   of 
wine, or a wholesaler may give a calendar and matchbooks to  a  customer   if 
nothing  of  value  is  attached  to,  or  given  with,   the   calendar   or 
matchbooks.
  (3) A manufacturer, an outstate seller of beer, an   outstate   seller   of 
wine, or a wholesaler shall not sell, give, or furnish  a   retail   licensee 
with calendars or matchbooks to be given to the customers   of   the   retail 
licensee, except upon written order of the commission.
  (4) A manufacturer, an outstate seller of beer, an   outstate   seller   of 
wine, or a wholesaler may advertise on calendars.

  History: 1979 AC.


R  436.1327  Rescinded.

  History: 1979 AC; 1989 AACS.


R  436.1329   Displays.
  Rule 29. (1) A manufacturer, a vendor of spirits, an  outstate  seller   of 
beer, an outstate seller of wine, or a wholesaler may not sell  or   in   any 
manner furnish or install,  and  a  retail  licensee  may   not   accept,   a 
permanent display in the licensed premises of a retail licensee.
  (2) A manufacturer, a vendor of spirits, an outstate seller of beer,  or an 
outstate seller of wine may furnish and install a temporary bin display  that 
has a capacity of up  to   15   cases   of   24   12-ounce   or   0.375-liter 
containers or the equivalent in other sizes of beer, wine,  or   spirits   on 
the premises of a retail licensee who is licensed  for   off-premises   sales 
only.
  (3) A wholesaler may install, on the premises of a retail  licensee  who is 
licensed for off-premises sales only, a temporary bin display that  has  been 
provided without charge by a  manufacturer,  an  outstate  seller   of  beer, 
or an outstate seller of wine.
  (4) A retail licensee shall ensure  that  every   temporary   bin   display 
installed on its premises clearly indicates by a tag, a stamp,  a  label,  or 
other method that is securely affixed to the temporary   bin   display,   the 
date upon which the temporary bin display was installed.
  (5) The advertising on a temporary bin display shall   be   excluded   from 
the 3,500-square inch limit on inside retail advertising signs.

  History: 1979 AC; 1986 AACS; 1994 AACS.


R  436.1331   Dispenser signs.
  Rule 31. (1) Alcoholic liquor dispensing equipment shall have the  brand of 
alcoholic liquor designated by a sign on the dispenser or on  the  tap.
  (2) A licensee shall not draw  from  a  dispenser  or  tap   a   brand   of 
alcoholic liquor other than that brand designated by the  dispenser  sign  or 
tap marker.

  History: 1979 AC.


R  436.1333   Rescinded.

  History: 1979  AC; 1984 AACS; 1989 AACS; 1998-2000.


R 436.1335  Political advertising.
  Rule 35. (1) A licensee shall not display advertising  that  advocates  the 
election of a person or political  party  on  the  inside  or  outside  of  a 
licensed premises, except as follows:
  (a) An on-premises licensed establishment that is the site of a  convention 
of delegates of a political party  may  have  political  advertising  on  the 
premises during the convention.
  (b) An on-premises licensed establishment or location for which  a  special 
license has been issued may have political advertising on the premises during 
the time of a fund-raising event for a  candidate  or  established  political 
party.
  (2) Advertising related to ballot questions  is  not  considered  political 
advertising that is prohibited by this rule.
  (3) Nominating, recall, initiative, and referendum petitions and  petitions 
on other ballot questions are allowed on the licensed premises.
  (4) The term "political party" is defined in Section 11(4) of Act  No.  388 
of the Public Acts of 1976, as amended, being  §169.211(4)  of  the  Michigan 
Compiled Laws.
  (5) The term "ballot question" is defined in Section 2(1) of Act No. 388 of 
the Public Acts of 1976,  as  amended,  being  §169.202(1)  of  the  Michigan 
Compiled Laws.

  History: 1979 AC; 1989-2000 AACS.


R  436.1337  Rescinded.

  History: 1979 AC; 1985 AACS.


R  436.1339   Rescissions.
  Rule 39. Rules 15 to 23 and 25 to 28 of the rules  entitled,   "Rules   and 
Regulations Governing the  Relationship   Between   Licensed   Manufacturers, 
Wholesalers of Alcoholic Liquors, Their Sales  Representatives   and   Retail 
Licensees," being R 436.535 to R 436.543 and R 436.545 to R  436.548  of  the 
Michigan Administrative Code and appearing on pages 5384 to   5386   of   the 
1954 volume of the Code, are rescinded.

  History: 1979 AC.