122 Mich. App. 718 | Mich. Ct. App. | 1982
The Michigan Liquor Control Commission appeals by right from a circuit court order which held that 1979 AC, R 436.1105(3) was an unconstitutional delegation of the commission’s powers and which remanded the application of Bernard Gene Allen and Sandra L. Allen for a SDM liquor license to the commission for further consideration.
1979 AC, R 436.1105(3) provides:
"An applicant for a new license, or for a transfer of location of an existing license, shall be denied if the commission is notified in writing that the applicant does not meet all appropriate state and local building, plumbing, zoning, fire, sanitation, and health laws and ordinances as certified to the commission by the appropriate law enforcement officials.”_
In Chesapeake & Ohio R Co v Public Service Comm, 59 Mich App 88, 98-99; 228 NW2d 843 (1975), the Court held:
"Where an agency is empowered to make rules, courts employ a three-fold test to determine the validity of the rules it promulgates: (1) whether the rule is within the matter covered by the enabling statute; (2) if so, whether it complies with the underlying legislative intent; and (3) if it meets the first two requirements, when it is neither arbitrary nor capricious.”
The commission is empowered to make rules by MCL 436.7; MSA 18.977. In view of the authorities discussed above, we cannot say that the rule is not within the matter covered by the enabling statute or does not comply with the underlying legislative intent. It is not arbitrary or capricious for the
In view of the foregoing, we need not discuss the other issues raised by the parties. Our decision is not to be construed as an expression of opinion on the merits of the applicants’ challenge of the validity of the Heath Township ordinance at issue.
Reversed.