Bill Text: MI SB0100 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Liquor; hours; municipalities to prohibit the sale of alcoholic liquor on Sunday morning or all day Sunday; allow. Amends secs. 1111, 1113 & 1114 of 1998 PA 58 (MCL 436.2111 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-05-17 - Assigned Pa 0027'11 With Immediate Effect [SB0100 Detail]
Download: Michigan-2011-SB0100-Engrossed.html
SB-0100, As Passed Senate, February 16, 2011
SUBSTITUTE FOR
SENATE BILL NO. 100
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), as amended by 2010 PA 213.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1111. (1) Except as otherwise provided for in subsection
(6),
the The sale of beer and wine between the hours of 7 a.m. on
Sunday
and 2 a.m. on Monday is allowed. , but may be
prohibited, in
any
Except as otherwise provided
in subsection (6), a county, city,
village, or township may prohibit 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 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 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
morning sale of beer and wine or 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) 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 not 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)
The question of the Sunday sale of beer and wine shall be
submitted
by ballot in substantially the following form forms:
(a) For the sale between the hours of 7 a.m. and 12 noon on
Sunday:
"Shall the sale of beer and wine within (the county, city,
village, or township as the case may be) between the hours of 7
a.m.
and 12 noon on Sunday and 2
a.m. on Monday be prohibited?
Yes .........
No .........".
(b) For the sale between the hours of 7 a.m. on Sunday and 2
a.m. on Monday:
"Shall the sale of beer and wine within (the county, city,
village, or township as the case may be) between the hours of 7
a.m. on Sunday and 2 a.m. on Monday be prohibited?
Yes .........
No .........".
(5)
All votes on the Votes on
a 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 elections, 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 7 a.m. and 12 noon on Sunday or between the
hours of 7 a.m. on Sunday and 2 a.m. on Monday is prohibited.
(6) The sale of beer and wine in any county 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 shall not be prohibited under the
provisions of subsections (1) through (5) as applied to a
motorsports entertainment complex located in more than 1 county if
a resolution or referendum under this section results in the
question's failing to pass in 1 county but passing in another.
Under
such these circumstances, the commission shall determine the
issue of the sale of beer and wine in the motorsports entertainment
complex in those counties 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. As used in this section, "motorsports entertainment
complex" means a closed-course motorsports facility, and its
ancillary grounds and facilities, that satisfies all of the
following:
(a) Has at least 70,000 fixed seats for race patrons.
(b) Has at least 4 scheduled days of motorsports events each
calendar year.
(c) Serves food and beverages at the motorsports entertainment
complex during motorsports events each calendar year through
concession outlets, which are staffed by individuals who represent
or are members of 1 or more nonprofit civic or charitable
organizations that directly benefit from the concession outlets'
sales.
(d) Engages in tourism promotion.
(e) Has permanent exhibitions of motorsports history, events,
or vehicles within the motorsports entertainment complex.
(7) Any prohibitions on 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 adopted by a county, city,
village, or township before the effective date of the amendatory
act that added this subsection shall remain in effect.
Sec. 1113. (1) Except as provided in subsection (2), (3), or
(5) and subject to subsection (6), a licensee enumerated under
section 525 may sell at retail, and a person may buy, spirits or
mixed spirit drink between the hours of 7 a.m. on Sunday and 2 a.m.
on Monday.
(2) Unless the legislative body of a county has prohibited the
sale of spirits and mixed spirit drink for consumption on the
premises 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, by
resolution approved by a majority of the legislative body voting on
that
resolution, the spirits and mixed spirit drink may be sold
after 7 a.m. on Sunday, 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 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. 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 forms:
(a) For the sale between the hours of 7 a.m. and 12 noon on
Sunday:
"Shall the sale of spirits and mixed spirit drink for
consumption on the premises be prohibited between the hours of 7
a.m.
and 12 noon 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 ........... ".
(b) For the sale between the hours of 7 a.m. on Sunday and 2
a.m. on Monday:
"Shall the sale of spirits and mixed spirit drink for
consumption on the premises be prohibited between the hours of 7
a.m. on Sunday and 2 a.m. on Monday within the county of ..........
under the provisions of the law governing the sale of spirits and
mixed spirit drink for consumption?
Yes ..........
No ........... ".
(3) Unless the legislative body of a county has prohibited the
sale of spirits and mixed spirit drink for consumption off the
premises 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 by
resolution approved by a majority of the legislative body voting on
the resolution, spirits and mixed spirit drink may be sold after 7
a.m., 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 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. 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
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 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
forms:
(a) For the sale between the hours of 7 a.m. and 12 noon on
Sunday:
"Shall the sale of spirits and mixed spirit drink for
consumption off the premises be prohibited between the hours of 7
a.m. and 12 noon 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 ...........".
(b) For the sale between the hours of 7 a.m. on Sunday and 2
a.m. on Monday:
"Shall the sale of spirits and mixed spirit drink for
consumption off the premises be prohibited between the hours of 7
a.m. on Sunday and 2 a.m. on Monday 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 to the electors 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 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,
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. The sale of spirits
and mixed spirit drink 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 11:59 p.m.
on
December 24 and 12 noon on December 25. 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,
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.
(6) The sale of spirits or mixed spirit drink in any county
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 shall not be
prohibited under the provisions of subsections (1) through (5) as
applied to a motorsports entertainment complex located in more than
1 county if a resolution or referendum under this section results
in the question's failing to pass in 1 county but passing in
another.
Under such those circumstances, the commission shall
determine the issue of the sale of spirits and mixed spirit drink
in the motorsports entertainment complex in those counties 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. As used in this section,
"motorsports entertainment complex" means a closed-course
motorsports facility, and its ancillary grounds and facilities,
that satisfies all of the following:
(a) Has at least 70,000 fixed seats for race patrons.
(b) Has at least 4 scheduled days of motorsports events each
calendar year.
(c) Serves food and beverages at the motorsports entertainment
complex during motorsports events each calendar year through
concession outlets, which are staffed by individuals who represent
or are members of 1 or more nonprofit civic or charitable
organizations that directly benefit from the concession outlets'
sales.
(d) Engages in tourism promotion.
(e) Has permanent exhibitions of motorsports history, events,
or vehicles within the motorsports entertainment complex.
(7) Any prohibitions on the sale of alcoholic liquor 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 adopted by a county, city,
village, or township before the effective date of the amendatory
act that added this subsection shall remain in effect.
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.
(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
Sundays 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 Sundays 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.
