Bill Text: MI SB0247 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Liquor; hours; hours of operation for on-premises licenses located in central business districts; extend. Amends sec. 1114 of 1998 PA 58 (MCL 436.2114) & adds sec. 1116.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2014-12-04 - Referred To Committee On Regulatory Reform [SB0247 Detail]
Download: Michigan-2013-SB0247-Engrossed.html
SB-0247, As Passed Senate, December 4, 2014
SUBSTITUTE FOR
SENATE BILL NO. 247
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 1114 (MCL 436.2114), as amended by 2011 PA 27,
and by adding section 1116.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1114. (1) Notwithstanding R 436.1403 and R 436.1503 of
the Michigan administrative code and except as otherwise provided
in section 1116, under this act, or by rule of the commission, an
on-premises and an off-premises licensee shall not sell, give away,
or furnish alcoholic liquor between the hours of 2 a.m. and 7 a.m.
on any day.
(2) Subsection (1) does not prevent any local governmental
unit from prohibiting the sale of beer and wine between the hours
of 7 a.m. and 12 noon on Sunday or between the hours of 7 a.m. on
Sunday and 2 a.m. on Monday under section 1111 and does not prevent
any local governmental unit from prohibiting the sale of spirits
and mixed spirit drink between the hours of 7 a.m. and 12 noon on
Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on
Monday under section 1113. A licensee selling alcoholic liquor
between 7 a.m. and 12 noon on Sunday shall obtain a permit and pay
to the commission an annual fee of $160.00.
(3) A reference to the time of day under this act or a rule of
the commission includes daylight savings time, when observed.
Sec. 1116. (1) If a city, village, or township approves by a
majority of the legislative body voting on a resolution to allow
on-premises licensees to sell or furnish alcoholic liquor between
the hours of 2 a.m. and 4 a.m. on Saturday and Sunday, an on-
premises licensee located within a central business district in
that city, village, or township may apply for an extended hours
permit from the commission to sell or furnish alcoholic liquor
between the hours of 2 a.m. and 4 a.m. on Saturday and Sunday. The
commission shall not issue an extended hours permit under this
section unless the applicant has already been approved by the local
legislative body in which the applicant's place of business is
located.
(2) To obtain an extended hours permit, an on-premises
licensee shall do all of the following:
(a) Submit a completed application and a yearly permit fee of
$10,000.00 to the commission.
(b) Obtain local legislative approval for the extended hours
permit from the local legislative body in which the licensee's
place of business is located and include documentation of the
approval.
(c) Demonstrate to the commission all of the following:
(i) Unless the licensee holds a casino license, the licensee
will have 1 security person for every 50 customers on the licensed
premises as required under subparagraph (ii).
(ii) That the licensee will have at least 1 security person at
the licensed premises from the hours of 11 p.m. on Friday to 4 a.m.
on Saturday and 11 p.m. on Saturday to 4 a.m. on Sunday.
(iii) That the licensee will have 360-degree video surveillance
on the inside and outside of the licensed premises.
(d) Maintain compliance with this act and the rules
promulgated under this act.
(3) Upon receipt of an application that has not yet been
reviewed and approved by the local legislative body in which the
applicant's place of business is located, the commission shall
immediately notify the local legislative body and provide the local
legislative body with a copy of the application to accomplish the
local legislative review as required by this section. The local
legislative body shall approve or deny the application within 90
days after receipt of the application from the applicant or the
commission. Upon denial of an application, the local legislative
body shall notify the applicant, in writing, of the reasons for the
denial. If the local legislative body does not approve or deny an
application within that 90-day period, the commission may issue the
extended hours permit if the commission determines that the
licensee meets the conditions described in subsections (1) and
(2)(a), (c), and (d). The commission shall approve or deny an
application submitted pursuant to this section within 90 days after
the applicant files a completed application or 90 days after the
commission has notified and provided a copy of the application to
the local legislative body, whichever is later.
(4) The commission shall deposit all permit fees collected
under this section in the extended hours permit fund created in
subsection (5).
(5) The extended hours permit fund is created within the state
treasury. The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
Money in the fund at the close of the fiscal year shall remain in
the fund and shall not lapse to the general fund. The department of
licensing and regulatory affairs shall be the administrator of the
fund for auditing purposes. The department of treasury shall expend
money from the fund, upon appropriation, only as provided in
subsection (6).
(6) All money collected and deposited in the extended hours
permit fund shall be distributed as follows:
(a) 5% shall be respectively disbursed based on the number of
permits issued within each city, village, or township to those
respective cities, villages, and townships where the extended hours
permits are located for administration costs related to this
section.
(b) 85% shall be respectively disbursed based on the number of
permits issued within each city, village, or township to the police
departments of those cities, villages, and townships where the
extended hours permits are located for the specific purpose of
enforcing this section and the rules promulgated under this
section.
(c) 10% shall be disbursed to the commission for carrying out
the administration and enforcement provisions of this section.
(7) As used in this section:
(a) "Casino" means that term as defined in section 2 of the
Michigan gaming control and revenue act, 1996 IL 1, MCL 432.202.
Casino does not include a casino operated under the Indian gaming
regulatory act, 25 USC 2701 to 2721.
(b) "Central business district" means a downtown district
established under 1975 PA 197, MCL 125.1651 to 125.1681.
