Bill Text: MI SB1094 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Liquor; licenses; issuance of a national sporting event license; expand to include Ladies Professional Golf Association Tour Champions Tournament for certain calendar years. Amends sec. 517a of 1998 PA 58 (MCL 436.1517a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - Assigned Pa 0472'18 With Immediate Effect [SB1094 Detail]
Download: Michigan-2017-SB1094-Chaptered.html
Act No. 472
Public Acts of 2018
Approved by the Governor
December 26, 2018
Filed with the Secretary of State
December 27, 2018
EFFECTIVE DATE: December 27, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Senator Stamas
ENROLLED SENATE BILL No. 1094
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,” by amending section 517a (MCL 436.1517a), as amended by 2018 PA 110.
The People of the State of Michigan enact:
Sec. 517a. (1) The commission may issue national sporting event licenses for the sale of alcoholic liquor for consumption on the premises concerning a national sporting event, if the commission finds all of the following circumstances exist:
(a) The local governmental unit in which the national sporting event is to be conducted is the host governmental unit for the national sporting event.
(b) The premises to be licensed are located in a theme area or theme areas designated by the governing body of the host governmental unit in connection with the national sporting event or are operated in conjunction with the national sporting event.
(c) The commission determines that the national sporting event will attract a substantial number of tourists from outside this state.
(d) The national sporting event is conducted under the auspices of a national sanctioning body.
(e) The applicant is any of the following:
(i) A Michigan licensee for the sale of alcoholic liquor for consumption on the premises.
(ii) The promoter of the national sporting event or an affiliate of the promoter.
(iii) A person who has entered into a written concession or catering agreement with the promoter of the national sporting event or its affiliate, which agreement has been approved by the commission.
(iv) An organization qualified for licensure as a special licensee under section 111(13) and the rules of the commission.
(2) A license issued under this section must be for a period of not more than 30 consecutive days and is not transferable as to ownership or location. The license must be for specific designated time periods that include the national sporting event and activities associated with the national sporting event.
(3) Not more than 40 licenses may be issued under this section for use at the same time in a theme area or theme areas.
(4) The governing body of a host governmental unit described in subsection (1) shall supply to the commission for the commission’s review a list containing the names of applicants and the locations of the premises to be licensed under this section. The governing body of the host governmental unit shall recommend the number of licenses to be issued under this section in the theme area or theme areas. The commission shall not issue a license under this section that is not recommended by the governing body of the host governmental unit.
(5) The governing body of the host governmental unit shall provide, in conjunction with the list described in subsection (4), written certification to the commission that all premises to be licensed under this section comply with applicable state and local building, safety, and health laws, rules, and regulations.
(6) A license issued under this section is not subject to section 503.
(7) An applicant for a license under this section shall pay to the commission a license fee of $1,000.00 at the time of application.
(8) As used in this section, “national sporting event” means a sports related event considered of national prominence and includes only the following:
(a) The Major League Baseball All-Star Game during calendar year 2005.
(b) The National Football League Super Bowl during calendar year 2006.
(c) The Professional Golfers’ Association Championship during calendar year 2008.
(d) The National Collegiate Athletic Association Final Four games during calendar year 2009.
(e) The United States Golf Association Amateur Championship during calendar year 2016.
(f) The Professional Golfers’ Association Tour Champions Tournament during the following calendar years:
(i) 2018.
(ii) 2019.
(iii) 2020.
(g) The Ladies Professional Golf Association Tour Champions Tournament during the following calendar years:
(i) 2019.
(ii) 2020.
(iii) 2021.
(iv) 2022.
(v) 2023.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1166 of the 99th Legislature is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor