Bill Text: MI HB4421 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Liquor; licenses; inventory on premises; modify for licensees operating motor fuel pumps. Amends sec. 541 of 1998 PA 58 (MCL 436.1541).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Printed Bill Filed 03/16/2011 [HB4421 Detail]
Download: Michigan-2011-HB4421-Introduced.html
HOUSE BILL No. 4421
March 15, 2011, Introduced by Rep. Lindberg and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 541 (MCL 436.1541), as amended by 2008 PA 489.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 541. (1) The commission shall not prohibit an applicant
for, or the holder of, a specially designated distributor license
or specially designated merchant license from owning or operating
motor vehicle fuel pumps on or adjacent to the licensed premises,
if both of the following conditions are met:
(a) One or both of the following conditions exist:
(i) The applicant or licensee is located in a neighborhood
shopping center that is composed of 1 or more commercial
establishments
organized or operated as a unit which that is
related in location, size, and type of shop to the trade area that
the unit serves, which provides not less than 50,000 square feet of
gross leasable retail space, and which provides 5 private off-
street parking spaces for each 1,000 square feet of gross leasable
retail space.
(ii) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $250,000.00, at cost, of those goods and services
customarily marketed by approved types of businesses.
(b) The site of payment and selection of alcoholic liquor is
not less than 50 feet from that point where motor vehicle fuel is
dispensed.
(2) The commission shall not prohibit an applicant for, or the
holder
of, a specially designated distributor license or specially
designated
merchant license from owning or
operating motor vehicle
fuel pumps on or adjacent to the licensed premises, if all of the
following conditions are met:
(a) The applicant is located in a township with a population
of 7,000 or less, which township is not contiguous with any other
township. For purposes of this subdivision, a township is not
considered contiguous by water.
(b) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $12,500.00 at cost, of those goods and services
customarily marketed by approved types of businesses.
(c) The applicant has the approval of the township, as
evidenced by a resolution duly adopted by the township and
submitted with the application to the commission.
(3)
The Notwithstanding the
provisions of subsection (1), the
commission shall not prohibit an applicant for, or the holder of, a
specially designated merchant license from owning or operating
motor vehicle fuel pumps on or adjacent to the licensed premises if
both
of the following conditions are met:
(a)
The applicant or licensee is located in either of the
following:
(i) A city, incorporated village, or township with a
population
of
3,500 or less and a county with a population of 31,000 or more.
(ii) A city, incorporated village, or township with a
population
of 4,000 or less and a county with a population of less
than
31,000.
(b)
The applicant or licensee maintains a minimum inventory on
the
premises, excluding alcoholic liquor and motor vehicle fuel, of
not
less than $10,000.00, at cost, of those goods and services
customarily
marketed by approved types of businesses. the applicant
or licensee maintains an inventory on the premises, excluding beer,
wine, tobacco products, items offered for sale on consignment, and
motor vehicle fuel, of not less than $20,000.00, at cost. Inventory
includes any goods and materials available for retail sale on the
licensed premises. Issuance shall be based upon the following
formula:
(a) Beginning the effective date of the amendatory act that
added this subdivision, the applicant or holder of a specially
designated merchant license is located in a county through which
north town line 16 runs or a county that lies entirely north of
town line 16.
(b) Beginning 180 days after the effective date of the
amendatory act that added this subdivision, the applicant or holder
of a specially designated merchant license is located in a county
that lies entirely south of town line 16 and entirely west of US-
127.
(c) Beginning 360 days after the effective date of the
amendatory act that added this subdivision, the applicant or holder
of a specially designated merchant license is located in a county
not described in either subdivision (a) or (b).
(4) The commission shall not prohibit an applicant for, or the
holder of, a specially designated distributor license from owning
or operating motor vehicle fuel pumps on or adjacent to the
licensed premises if both of the following conditions are met:
(a) The applicant or licensee is located in either of the
following:
(i) A city, incorporated village, or township with a population
of 3,500 or less and a county with a population of 31,000 or more.
(ii) A city, incorporated village, or township with a
population of 4,000 or less and a county with a population of less
than 31,000.
(b) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $12,500.00, at cost, of those goods and services
customarily marketed by approved types of businesses.
(5) A person who was issued a specially designated merchant
license or specially designated distributor license at a location
at which another person owned, operated or maintained motor vehicle
fuel pumps at the same location may have or acquire an interest in
the ownership, operation or maintenance of those motor vehicle fuel
pumps.
(6) The commission may transfer ownership of a specially
designated merchant license or specially designated distributor
license to a person who owns or is acquiring an interest in motor
vehicle fuel pumps already in operation at the same location at
which the license is issued.
