Bill Text: MI SB0502 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Liquor; licenses; license to serve alcohol at certain community colleges and universities; allow. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 513a.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2011-12-13 - Assigned Pa 0249'11 With Immediate Effect [SB0502 Detail]

Download: Michigan-2011-SB0502-Chaptered.html

Act No. 249

Public Acts of 2011

Approved by the Governor

December 8, 2011

Filed with the Secretary of State

December 8, 2011

EFFECTIVE DATE: December 8, 2011

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2011

Introduced by Senators Nofs, Hood, Proos, Richardville, Emmons, Walker and Colbeck

ENROLLED SENATE BILL No. 502

AN ACT to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 513a.

The People of the State of Michigan enact:

Sec. 513a. (1) Beginning October 1, 2011, the commission may issue to the governing board of a community college or university that is accredited by a nationally recognized accrediting agency as determined by the United States secretary of education under 20 USC 1099b and that operates an accredited culinary or hospitality program, without regard to the quota provisions of section 531, a license to sell alcoholic liquor for consumption at the community college’s or university’s culinary or hospitality program’s location for activities that further the community college’s or university’s community or academic mission.

(2) Except as otherwise provided in subsection (7), the sale of alcoholic liquor to patrons at a location other than the community college’s or university’s culinary or hospitality program’s location or at activities that do not further the community college’s or university’s community or academic mission, including, but not limited to, public and private gatherings or meetings that do not have a direct correlation to the community college’s or university’s community or academic mission, is prohibited under this section.

(3) To obtain a license under this section, a community college or university shall submit both of the following to the commission:

(a) Documentation verifying that the community college or university is accredited by a nationally recognized accrediting agency as determined by the United States secretary of education under 20 USC 1099b.

(b) Either of the following:

(i) Documentation verifying that the community college’s or university’s culinary or hospitality program is accredited by a regionally recognized accrediting body.

(ii) Within 180 days after the effective date of the amendatory act that added this section, a copy of the community college’s or university’s application to a regionally recognized accrediting body for accreditation of its culinary or hospitality program.

(4) The commission shall cancel a license issued under this section if, within 2 years of applying for a license under this section, the community college’s or university’s culinary or hospitality program is not accredited by a regionally recognized accrediting body, unless the community college or university demonstrates good cause for an extension of time to obtain accreditation by a regionally recognized accrediting body.

(5) Except as otherwise provided in subsection (7), a liquor license issued under this section shall be granted and registered to the community college’s or university’s culinary or hospitality program’s location.

(6) Except as otherwise provided in subsection (7), a liquor license issued under this section shall be used by the community college or university and not by a private entity.

(7) Subject to section 531, the commission may issue a license to a private entity for the sale of alcoholic liquor for consumption on the premises of an outdoor stadium located on land owned by Lake Michigan college and leased to a private entity. The prohibition in section 531(7) on licenses at outdoor stadiums does not apply to a license issued under this subsection.

(8) A community college or university that holds a liquor license under this section shall not obtain a catering permit under section 547.

(9) As used in this section:

(a) “Community college” means a community college established under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195.

(b) “University” means a public university described in section 4, 5, or 6 of article VIII of the state constitution of 1963.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor