Bill Text: MI SB0856 | 2011-2012 | 96th Legislature | Introduced


Bill Title: Liquor; hours; hours of operation for on-premises licenses located in certain downtown development districts; extend. Amends sec. 1114 of 1998 PA 58 (MCL 436.2114) & adds sec. 1116.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-11-30 - Referred To Committee On Regulatory Reform [SB0856 Detail]

Download: Michigan-2011-SB0856-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 856

 

 

November 30, 2011, Introduced by Senator YOUNG and referred to the Committee on Regulatory Reform.

 

 

 

     A bill to amend 1998 PA 58, entitled

 

"Michigan liquor control code of 1998,"

 

by amending section 1114 (MCL 436.2114), as amended by 2011 PA 27,

 

and by adding section 1116.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

the Michigan administrative code and except as otherwise provided

 

in section 1116, under this act, or by 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 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

 

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.

 

     Sec. 1116. (1) An on-premises licensee located within a

 

development district in a city with a population of more than

 

600,000 may sell or furnish alcoholic liquor between the hours of 2

 

a.m. and 4 a.m. on any day if the licensee has obtained an extended

 

hours permit from the commission.

 

     (2) To obtain an extended hours permit, an on-premises

 

licensee shall do all of the following:

 

     (a) Submit a completed application and a yearly permit fee of

 

$10,000.00 to the commission.

 

     (b) Demonstrate to the commission all of the following:

 

     (i) That the licensee will have 1 security person for every 50

 

customers on the licensed premises.

 

     (ii) That the licensee will have security personnel at the

 

licensed premises from 11 p.m. to 4 a.m.

 

     (iii) That the licensee will have 360-degree video surveillance

 

on the licensed premises.

 

     (3) The commission shall determine whether the on-premises

 


licensee meets the conditions described in subsections (1) and (2).

 

If the commission determines the licensee meets the conditions

 

described in subsections (1) and (2), the commission shall approve

 

the application and issue an extended hours permit within 90 days

 

of receiving the application.

 

     (4) The commission shall deposit all permit fees collected

 

under this section in the extended hours permit fund created in

 

subsection (5).

 

     (5) The extended hours permit fund is created within the state

 

treasury.

 

     (6) The state treasurer may receive money or other assets from

 

any source for deposit into the fund. The state treasurer shall

 

direct the investment of the fund. The state treasurer shall credit

 

to the fund interest and earnings from fund investments.

 

     (7) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (8) The department of licensing and regulatory affairs shall

 

be the administrator of the fund for auditing purposes.

 

     (9) The department of treasury shall expend money from the

 

fund, upon appropriation, only as provided in subsection (10).

 

     (10) All money collected and deposited in the extended hours

 

permit fund shall be distributed as follows:

 

     (a) 5% shall be disbursed to the cities where the extended

 

hours permits are located for administration costs related to this

 

section.

 

     (b) 85% shall be disbursed to the police departments of cities

 

where the extended hours permits are located for the specific

 


purpose of enforcing this section and the rules promulgated under

 

this section.

 

     (c) 10% shall be distributed to the commission for carrying

 

out the licensing and enforcement provisions of this section.

 

     (11) As used in this section, "development district" means a

 

downtown district established under 1975 PA 197, MCL 125.1651 to

 

125.1681.

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