Bill Text: MI HB5093 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Liquor: permits; outdoor service area permit to sell alcoholic liquor in an area adjacent to an on-premises licensee's licensed premises; provide for. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 552. TIE BAR WITH: HB 5090'21
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-06-24 - Bill Electronically Reproduced 06/23/2021 [HB5093 Detail]
Download: Michigan-2021-HB5093-Introduced.html
HOUSE BILL NO. 5093
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 552.
the people of the state of michigan enact:
Sec. 552. (1) Notwithstanding R 436.1419 of the Michigan Administrative Code, the commission shall issue an outdoor service area permit to an on-premises licensee allowing the on-premises licensee to have outdoor service in an outdoor service area if the following conditions are met:
(a) The on-premises licensee submits an application in a manner acceptable to the commission accompanied with a permit fee of $250.00.
(b) The on-premises licensee provides documentation, in a manner prescribed by the commission, that the local police agency where the proposed outdoor service area is located has approved the proposed outdoor service area.
(c) The proposed outdoor service area is adjacent to the licensee's licensed premises and extends not more than 25 feet past the licensed premises.
(d) The on-premises licensee owns the proposed outdoor service area or, if the on-premises licensee does not own the proposed outdoor service area, the on-premises licensee obtains written approval of the owner of the proposed outdoor service area.
(2) The holder of an outdoor service area permit issued under subsection (1) must comply with both of the following:
(a) The permit holder shall ensure that the outdoor service area is well-defined and clearly marked.
(b) The permit holder does not sell or allow the consumption of alcoholic liquor outdoors, except in the well-defined area described in subdivision (a).
(3) An outdoor service area permit must be issued for the same period and may be renewed in the same manner as the license held by the applicant.
(4) If a holder of an outdoor service area permit issued under subsection (2) does not own the outdoor service area, the permit holder is liable for damages under an action under section 801.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5090 (request no. 01949'21) of the 101st Legislature is enacted into law.
