Bill Text: MI HB4360 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Liquor; licenses; penalties for certain unauthorized transactions for food assistance or family independence program benefits; provide for. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 903a.
Spectrum: Strong Partisan Bill (Republican 15-1)
Status: (Passed) 2013-06-12 - Assigned Pa 55'13 With Immediate Effect [HB4360 Detail]
Download: Michigan-2013-HB4360-Chaptered.html
Act No. 55
Public Acts of 2013
Approved by the Governor
June 11, 2013
Filed with the Secretary of State
June 11, 2013
EFFECTIVE DATE: September 10, 2013
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2013
Introduced by Reps. Haines, Foster, Lyons, Jacobsen, Kowall, O’Brien, Graves, Rogers, Genetski, Lori, McBroom, LaFontaine, Johnson, Kurtz, Heise and Tlaib
ENROLLED HOUSE BILL No. 4360
AN ACT to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 903a.
The People of the State of Michigan enact:
Sec. 903a. (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 CFR 278.6 because the licensee has engaged in trafficking as that term is defined in 7 CFR 271.2. A licensee is not administratively disqualified until any administrative or judicial review under 7 CFR 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.
(c) “Eligible food” means that term as defined in 7 CFR 271.2.
Enacting section 1. This amendatory act takes effect on the expiration of 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
