May 3, 2005, Introduced by Reps. Kooiman, Accavitti, Tobocman, Sak, Brandenburg, Elsenheimer, Hildenbrand, Kahn, Walker, Moolenaar, Vander Veen, Baxter, Garfield, Nitz, Pavlov, Bieda, Huizenga, David Law, Pearce, Green, Gaffney, Nofs, Farhat, Jones and Palsrok 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 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
unless a special purpose permit for entertainment only is issued
under R 436.1403 of the Michigan administrative code.
(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.
(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.
(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.
(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.
(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.
(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.