Bill Text: MI SB0943 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Liquor; wine; consumption of wine in restaurants that do not hold liquor licenses; allow under certain circumstances. Amends sec. 913 of 1998 PA 58 (MCL 436.1913).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-10-22 - Referred To Committee On Economic Development And Regulatory Reform [SB0943 Detail]
Download: Michigan-2009-SB0943-Introduced.html
SENATE BILL No. 943
October 22, 2009, Introduced by Senator THOMAS and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 913 (MCL 436.1913), as amended by 2006 PA 131.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 913. (1) A person shall not do either of the following:
(a) Maintain, operate, or lease, or otherwise furnish to any
person, any premises or place that is not licensed under this act
within which the other person may engage in the drinking of
alcoholic liquor for consideration.
(b) Obtain by way of lease or rental agreement, and furnish or
provide to any other person, any premises or place that is not
licensed under this act within which any other person may engage in
the drinking of alcoholic liquor for consideration.
(2)
A Except as otherwise
provided for in subsection (3), a
person
shall not consume alcoholic liquor in a commercial food
service
establishment selling food if the commercial
food service
establishment is not licensed under this act. A person owning,
operating,
or leasing a commercial food
service establishment
selling
food which that is not licensed under this act shall not
allow the consumption of alcoholic liquor on its premises.
(3) Subsection (2) does not prohibit a food service
establishment not licensed under this act for on-premises
consumption of wine from allowing the consumption of wine brought
in by a customer in a sealed bottle, if the bottle was obtained
from a vendor licensed for sale of wine for off-premises
consumption.
(4) (3)
This section shall not apply to any
hotel or any
licensee under this act.
(5) (4)
This section shall not be construed
to repeal or amend
section 1019.
(6) (5)
As used in this section: ,
"consideration"
(a) "Consideration" includes any fee, cover charge, ticket
purchase, the storage of alcoholic liquor, the sale of food, ice,
mixers, or other liquids used with alcoholic liquor drinks, or the
purchasing of any service or item, or combination of service and
item; or includes the furnishing of glassware or other containers
for use in the consumption of alcoholic liquor in conjunction with
the sale of food.
(b) "Food service establishment" means that term as defined in
section 1107(n) of the food law of 2000, 2000 PA 92, MCL 289.1107.
