Bill Text: MI HB5963 | 2011-2012 | 96th Legislature | Introduced

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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: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2012-12-05 - Referred To Second Reading [HB5963 Detail]

Download: Michigan-2011-HB5963-Introduced.html

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HOUSE BILL No. 5963

 

October 17, 2012, Introduced by Reps. Agema, Franz, McMillin, Hooker, Jenkins, Kurtz, MacMaster, Glardon, Genetski, Price, Huuki and Horn and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1998 PA 58, entitled

 

"Michigan liquor control code of 1998,"

 

(MCL 436.1101 to 436.2303) by adding section 903a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 903a. (1) 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, revoke

 

any license of a licensee that has been found guilty in an

 

administrative disqualification hearing or convicted for an

 

unauthorized transaction for food assistance program benefits or

 

family independence program benefits administered under the social

 

welfare act, 1939 PA 280, MCL 400.1 to 400.119b, if that

 

unauthorized transaction is related to that licensee's liquor

 

license.

 

     (2) The commission shall provide a procedure by which a

 

licensee who is aggrieved by any revocation of a license ordered by

 

the commission, a commissioner, or a duly authorized agent of the

 

commission may request a hearing for the purpose of presenting any

 

facts or reasons to the commission as to why the revocation should

 

be modified or rescinded. Any such request shall be in writing and

 

accompanied by a fee of $25.00. The commission, after reviewing the

 

record made before a commissioner or a duly authorized agent of the

 

commission, may allow or refuse to allow the hearing in accordance

 

with the commission's rules. The right to a hearing provided in

 

this subsection, however, shall not be interpreted by any court as

 

curtailing, removing, or annulling the right of the commission to

 

revoke licenses as provided for in this act. A licensee does not

 

have a right of appeal from the final determination of the

 

commission, except by leave of the circuit court. Notice of the

 

order of revocation of a license shall be given in the manner

 

prescribed by the commission.