Bill Text: MI HB4642 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Liquor; hours; selling of alcohol on Sunday; revise prohibition. Amends secs. 1111, 1113 & 1114 of 1998 PA 58 (MCL 436.2111 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-24 - Printed Bill Filed 03/20/2009 [HB4642 Detail]

Download: Michigan-2009-HB4642-Introduced.html

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HOUSE BILL No. 4642

 

March 19, 2009, Introduced by Rep. Johnson and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1998 PA 58, entitled

 

"Michigan liquor control code of 1998,"

 

by amending sections 1111, 1113, and 1114 (MCL 436.2111, 436.2113,

 

and 436.2114), section 1113 as amended and section 1114 as added by

 

2004 PA 134.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1111. (1) The sale of beer and wine between the hours of

 

2 a.m. and 12 midnight 7 a.m. on Sunday and 2 a.m. on Monday is

 

allowed, but may be prohibited, in any county, city, village, or

 

township under the following circumstances:

 

     (a) By majority vote of the legislative body voting on the

 

resolution to make such an authorization. Failure of the

 

legislative body to act on such an authorization is grounds for the

 

petitioning of the county, city, village, or township for

 

submission of the question to the voters of the county, city,

 

village, or township under subsection (2).

 

     (b) By submission of a petition under subsection (2) by a

 

majority vote of the electors voting at a regular state election.

 

     (2) Not more often than once in every 4 years, upon the filing

 

of a petition with the county, city, village, or township clerk, by

 

a majority of the electors voting at a regular state election

 

within that county, village, city, or township, as applicable,

 

requesting the submission of the question of the Sunday sale of

 

beer and wine, the clerk shall submit that question to the electors

 

of the county, city, village, or township at the next regular state

 

election held in that county, city, village, or township. A

 

petition filed under this subsection shall be filed not less than

 

60 days before the regular state election. A ballot question under

 

this subsection shall not be submitted more often than once in any

 

4-year period.

 

     (3) (2) In the case of a county, city, or township, the

 

petition shall be signed by a number of the registered and

 

qualified electors of the county, city, or township that is not

 

less than 35% of the total number of votes cast for all candidates

 

for the office of secretary of state in that county, city, or

 

township at the last general election held for that purpose and, in

 

the case of a village the petition shall be signed by a number of

 

the registered and qualified electors of the village that is less

 

than 35% of the total number of votes cast for all candidates for

 

the office of president of the village at the last village election

 

held for that purpose.

 

     (4) (3) The question of the Sunday sale of beer and wine shall

 

be submitted by ballot in substantially the following form:

 

     "Shall the sale of beer and wine within (the county, city,

 

village, or township as the case may be) between the hours of 2

 

a.m. and 12 midnight 7 a.m. on Sunday and 2 a.m. on Monday be

 

prohibited?

 

     Yes .........

 

     No .........".

 

     (5) (4) All votes on the question submitted to the electors

 

under this section shall be taken, counted, and canvassed in the

 

same manner as votes cast in county, city, village, or township

 

election, as applicable, are taken, counted, and canvassed. Ballots

 

shall be furnished by the election commission or similar body of

 

the respective county, city, village, or township. If a majority of

 

the electors voting at an election conducted under this section

 

vote in favor of the question submitted, the sale of beer and wine

 

within that county, city, village, or township between the hours of

 

2 a.m. and 12 midnight 7 a.m. on Sunday and 2 a.m. on Monday is

 

prohibited.

 

     Sec. 1113. (1) Except as provided in subsection (2), (3), or

 

(5), a licensee enumerated under section 525 or any other person

 

shall not may sell at retail, give away, or furnish, and a person

 

shall not knowingly and willfully may buy, spirits or mixed spirit

 

drink between the hours of 2 a.m. and 12 midnight 7 a.m. on Sunday

 

and 2 a.m. on Monday. If January 1 falls on Sunday, the hours may

 

be extended to 4 a.m.

 

     (2) If Unless the legislative body of a county has authorized

 

prohibited the sale of spirits and mixed spirit drink for

 

consumption on the premises on Sunday, by resolution approved by a

 

majority of the legislative body voting on that resolution, the

 

spirits and mixed spirit drink may be sold after 12 noon 7 a.m.,

 

EST, in an establishment licensed under this act in which the gross

 

receipts derived from the sale of food and other goods and services

 

exceed 50% of the total gross receipts. With respect to an action

 

taken by the legislative body or if the legislative body fails to

 

act, a petition may be filed with the county clerk requesting the

 

submission of the question regarding the prohibition of the sale of

 

spirits and mixed spirit drink for consumption on the premises in

 

addition to beer and wine on Sunday. The petition shall be signed

 

by a number of the registered and qualified electors of the county

 

that is not less than 8% of the total number of votes cast for all

 

candidates for the office of secretary of state in the county at

 

the last general election held for that purpose. The question shall

 

not be submitted to the electors of a county more than once every 4

 

years. The county clerk shall submit the question at the next

 

regular state election held in the county if the petitions are

 

filed not less than 60 days before the election. The question

 

regarding the prohibition of the sale of spirits and mixed spirit

 

drink for consumption on the premises, in addition to beer and

 

wine, on Sunday shall be submitted by ballot in substantially the

 

following form:

 

     "Shall the sale of spirits and mixed spirit drink for

 

consumption on the premises be permitted prohibited on Sunday in an

 

establishment licensed under the Michigan liquor control code of

 

1998 in which the gross receipts derived from the sale of food or

 

other goods and services exceed 50% of the total gross receipts

 

within the county of .......... under the provisions of the law

 

governing the sale of spirits and mixed spirit drink for

 

consumption?

 

     Yes ..........

 

     No ........... ".

 

     (3) If Unless the legislative body of a county has authorized

 

prohibited the sale of spirits and mixed spirit drink for

 

consumption off the premises on Sunday by resolution approved by a

 

majority of the legislative body voting on the resolution, spirits

 

and mixed spirit drink may be sold after 12 noon 7 a.m., EST, in a

 

retail establishment licensed under this act. With respect to an

 

action taken by the legislative body or if the legislative body

 

fails to act, a petition may be filed with the county clerk

 

requesting the submission of the question regarding the prohibition

 

of the sale of spirits and mixed spirit drink for consumption off

 

the premises, in addition to beer and wine, in a retail

 

establishment licensed under this act on Sunday. The petition shall

 

be signed by a number of the registered and qualified electors of

 

the county that is not less than 8% of the total number of votes

 

cast for all candidates for the office of secretary of state in the

 

county at the last general election shall not be held for that

 

purpose. The question submitted to the electors of a county more

 

than once every 4 years. The county clerk shall submit the question

 

at the next regular state election held in the county if the

 

petitions are filed not less than 60 days before the election. The

 

question regarding the prohibition of the sale of spirits and mixed

 

spirit drink for consumption off the premises, in addition to beer

 

and wine, in a retail establishment licensed under this act on

 

Sunday shall be submitted by ballot in substantially the following

 

form:

 

     "Shall the sale of spirits and mixed spirit drink for

 

consumption off the premises be permitted prohibited on Sunday in a

 

retail establishment licensed under the Michigan liquor control

 

code of 1998 within the county of .......... under the provisions

 

of the law governing the sale of spirits and mixed spirit drink for

 

consumption?

 

     Yes ..........

 

     No ...........".

 

     (4) Votes on a question submitted under this section shall be

 

taken, counted, and canvassed in the same manner as votes cast in

 

county elections are taken, counted, and canvassed. A ballot shall

 

be furnished by the election commission or similar body of the

 

county. If a majority of the electors voting at an election vote in

 

favor of the proposal, the sale of spirits and mixed spirit drink

 

may be sold prohibited in the county under this act for consumption

 

on the premises or by a retail establishment for consumption off

 

the premises, in addition to beer and wine, on Sunday. The sale

 

shall not be permitted in a city, village, or township in which the

 

sale of spirits and mixed spirit drink is prohibited under this

 

act. A violation of this section is a misdemeanor. This section

 

does not apply to spirits and mixed spirit drink served to a bona

 

fide guest in the residence of a person or sold or furnished for

 

medicinal purposes as provided for in this act.

 

     (5) A licensee enumerated under section 525 or any other

 

person shall not sell at retail, and a person shall not knowingly

 

and willfully buy, alcoholic liquor between the hours of 9 p.m. on

 

December 24 and 7 a.m. on December 26. If December 26 falls on

 

Sunday, the hours of closing shall be determined pursuant to this

 

act. The legislative body of a city, village, or township, by

 

resolution or ordinance, may prohibit the sale of alcoholic liquor

 

on Sunday or a legal holiday, primary election day, general

 

election day, or municipal election day.

 

     Sec. 1114. (1) Notwithstanding R 436.1403 and R 436.1503 of

 

the Michigan administrative code and except as otherwise provided

 

under this act or 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.

 

and shall not sell, give away, or furnish alcoholic liquor between

 

the hours of 2 a.m. and 12 noon, EST, on Sunday. An on-premises and

 

an off-premises licensee shall not sell, give away, or furnish

 

spirits between the hours of 2 a.m. and 12 midnight on Sunday,

 

unless issued a Sunday sales permit by the commission that allows

 

the licensee to sell spirits on Sunday between the hours of 12

 

noon, EST, and 12 midnight.

 

     (2) For purposes of R 436.1403 and R 436.1503 of the Michigan

 

administrative code, 12 noon on Sunday is considered 12 noon on

 

Sunday, EST, for any licensee located in the central time zone.

 

Subsection (1) does not prevent any local governmental unit from

 

prohibiting the sale of beer and wine on Sundays under section 1111

 

and does not prevent any local governmental unit from prohibiting

 

the sale of spirits and mixed spirit drink on Sundays under section

 

1113.

 

     (3) A reference to the time of day under this act or a rule of

 

the commission includes daylight savings time, when observed.

 

     Enacting section 1. This amendatory act takes effect April 1,

 

2010.