HB-4706, As Passed House, June 29, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4706

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 916 (MCL 436.1916).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 916. (1) An on-premises licensee shall not allow

monologues, dialogues, motion pictures, still slides, closed

circuit television, contests, or other performances for public

viewing on the licensed premises unless the licensee has applied

for and been granted an entertainment permit by the commission.

Issuance of an entertainment permit under this subsection does not

allow topless activity on the licensed premises.

     (2) An on-premises licensee shall not allow dancing by

customers on the licensed premises unless the licensee has applied

for and been granted a dance permit by the commission. Issuance of

a dance permit under this subsection does not allow topless

activity on the licensed premises.

     (3) An on-premises licensee shall not allow topless activity

on the licensed premises unless the licensee has applied for and

been granted a topless activity permit by the commission. This

section is not intended to prevent a local unit of government from

enacting an ordinance prohibiting topless activity or nudity on a

licensed premises located within that local unit of government.

This subsection applies only to topless activity permits issued by

the commission to on-premises licensees located in counties with a

population of 95,000 or less.

     (4) The commission may issue to an on-premises licensee a

combination dance-entertainment permit or topless activity-

entertainment permit after application requesting a permit for both

types of activities.

     (5) An on-premises licensee shall not allow the activities

allowed by a permit issued under this section at any time other

than the legal hours for sale and consumption of alcoholic liquor.

     (6) An extended hours permit is required for an on-premises

licensee to engage in any of the following activities on the

licensed premises at any time other than the legal hours for the

sale and consumption of alcoholic liquor:

     (a) Monologues, dialogues, motion pictures, still slides,

closed circuit television, contests, other performances for public

viewing on the licensed premises, if holding a permit for those

activities.

     (b) Patron dancing, if holding a permit for that activity.

     (c) The performance or playing of an orchestra, piano, or

other types of musical instruments or singing or the viewing of any

publicly broadcast television transmission from a federally

licensed station.

     (7) The commission may issue an extended hours permit to

either of the following:

     (a) A licensee not holding an entertainment, dance, or

combination dance-entertainment permit, who desires to conduct

activities described under subsection (11).

     (b) A licensee who already holds, or submits an application

for, an entertainment, dance, or combination dance-entertainment

permit in order to conduct activities allowed by the permit.

     (8) The applicant for only an extended hours permit shall

obtain the local approval for the extended hours permit under

subsection (10). An applicant for an extended hours permit who

holds an entertainment, dance, or combination dance-entertainment

permit shall obtain the local approval for the entertainment,

dance, or combination dance-entertainment permit under subsection

(10) as well as local approval for the extended hours permit under

subsection (10).  The commission shall waive the conditions

contained in R 436.1437(1) of the Michigan administrative code

relative to the application for an extended hours permit.

     (9) An on-premises licensee issued an extended hours permit

shall not allow customers on the licensed premises during the time

period provided by the extended hours permit unless the activity,

and only that activity, allowed by the extended hours permit is

occurring. The issuance of an extended hours permit does not

authorize any of the following:

     (a) Topless activity.

     (b) Except as otherwise provided under this subdivision,

gaming as that term is defined in section 2 of the Michigan gaming

control and revenue act, the Initiated Law of 1996, MCL 432.202. A

licensee holding a casino license issued under the Michigan gaming

control and revenue act, the Initiated Law of 1996, MCL 432.201 to

432.226, may conduct gaming pursuant to the casino license only.

     (c) Keno or other gaming authorized under the McCauley-

Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to

432.47.

     (d) The extension of hours for the serving of alcoholic

liquor.

     (e) The extension of hours for the consumption of alcoholic

liquor as provided for in R 436.1403 of the Michigan administrative

code.

(10)  (6) Before the issuance of any permit under this

section, the on-premises licensee shall obtain the approval of all

of the following:

     (a) The commission.

     (b) Except in cities with a population of 1,000,000 or more,

the local legislative body of the jurisdiction within which the

premises are located.

     (c) The chief law enforcement officer of the jurisdiction

within which the premises are located or the entity contractually

designated to enforce the law in that jurisdiction.

(11)  (7) The following activities are allowed without the

granting of a permit under this section:

     (a) The performance or playing of an orchestra, piano, or

other types of musical instruments, or singing.

     (b) Any publicly broadcast television transmission from a

federally licensed station.

(12)  (8) In the case of a licensee granted an entertainment

or dance permit under R 436.1407 of the Michigan administrative

code who, after January 1, 1998, extended the activities conducted

under that permit to regular or full-time topless activity, that

licensee shall apply to the commission for a topless activity

permit under this section within 60 days after  the effective date

of this section  April 14, 1998 in order to continue topless

activity. Except as otherwise provided for in this subsection, this

section applies only to entertainment or dance permits issued after

the effective date of this section  April 14, 1998.

(13)  (9) The fees imposed by the commission for a permit

under this section remain the same as the fees imposed under a

permit issued under R 436.1407 of the Michigan administrative code.

(14)  (10) Except as otherwise provided, this section does

not change the renewal or application process for a license under

section  17  501 or the renewal process for permits issued under R

436.1407 of the Michigan administrative code.

(15)  (11) As used in this section:

     (a) "Nudity" means exposure to public view of the whole or

part of the pubic region; the whole or part of the anus; the whole

or part of the buttocks; the whole or part of the genitals; or the

breast area including the nipple or more than 1/2 of the area of

the breast.

     (b) "Topless activity" means activity that includes, but is

not limited to, entertainment or work-related activity performed by

any of the following persons on the licensed premises in which the

female breast area, including the nipple, or more than 1/2 of the

area of the breast, is directly exposed or exposed by means of see-

through clothing or a body stocking:

     (i) A licensee.

     (ii) An employee, agent, or contractor of the licensee.

     (iii) A person acting under the control of or with the

permission of the licensee.