SENATE BILL No. 1069

 

 

June 12, 2018, Introduced by Senator JONES 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 532 (MCL 436.1532), as amended by 2018 PA 104.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 532. (1) A club license allows the licensee to sell, for

 

consumption on the licensed premises, beer, wine, mixed spirit

 

drink, and spirits only to bona fide members of the club who have

 

attained the age of 21 years. As used in this subsection, "bona

 

fide member" means an individual admitted as a charter member or

 

admitted in accordance with the bylaws of the club, who maintains

 

current membership by the payment of annual dues, whose name and

 

address is entered on the list of members, and who has voting

 

rights to regularly elect the board of directors, officers,


executive committee, or similar body that conducts the affairs and

 

management of the club. For an incorporated or unincorporated

 

nonprofit veterans' organization that is a branch or chapter of a

 

national organization or an organization chartered by the United

 

States Congress, a bona fide member includes a member of another

 

branch or chapter who possesses an identification card indicating

 

current membership in the same national or congressionally

 

chartered veterans' organization. For a branch, chapter, lodge,

 

aerie, or other local unit of a national fraternal nonprofit

 

association that is exempt from federal income taxes under section

 

501(c)(8) or 501(c)(10) of the internal revenue code of 1986, 26

 

USC 501, a bona fide member includes a member of another branch,

 

chapter, lodge, aerie, or local unit who possesses an

 

identification card indicating current membership in the same

 

national fraternal nonprofit association.

 

     (2) Except as otherwise provided in subsection (3), the

 

commission shall not issue a license to a club unless the club has

 

been in existence for a period of not less than 2 years before the

 

application for the license.

 

     (3) A club shall give public notice of the intent of the

 

commission to issue the club a club license by publication in a

 

newspaper published or in general circulation within the local

 

governmental unit at least 10 days before the commission issues the

 

license. A club that is a chapter of a national organization that

 

has had a license for 10 or more years may apply for a license

 

without a waiting period. Public notice of the commission's intent

 

to renew the club license is not required.


     (4) Except for a club paying a maximum fee, within 10 days

 

after February 1 of each year the club shall file with the

 

commission a list of names and residences of its members and make a

 

similar filing of the name and residence with the commission within

 

10 days after the election of an additional member. The annual

 

filing must also include a statement that the club's annual

 

aggregate membership fees or dues and other income , exclusive of

 

the proceeds from the sale of alcoholic liquor, are sufficient to

 

defray the annual rental of its leased or rented premises or, if

 

the premises are owned by the club, are sufficient to meet the

 

taxes, insurance, repairs, and interest on a mortgage on the

 

premises.

 

     (5) The affairs and management of the club must be conducted

 

by a board of directors, executive committee, or similar body

 

chosen by the members. A member, officer, agent, or employee of the

 

club must not be paid, or directly or indirectly receive in the

 

form of salary or other compensation, profits from the disposition

 

of alcoholic liquor to the club or to the members of the club,

 

beyond the amount of salary fixed and voted at meetings by the

 

members or by its directors or other governing body and as reported

 

by the club to the commission, within 3 months after the meeting.