March 19, 2009, Introduced by Rep. Johnson and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending sections 1111, 1113, and 1114 (MCL 436.2111, 436.2113,
and 436.2114), section 1113 as amended and section 1114 as added by
2004 PA 134.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1111. (1) The sale of beer and wine between the hours of
2
a.m. and 12 midnight 7 a.m. on Sunday and
2 a.m. on Monday is
allowed, but may be prohibited, in any county, city, village, or
township under the following circumstances:
(a) By majority vote of the legislative body voting on the
resolution to make such an authorization. Failure of the
legislative body to act on such an authorization is grounds for the
petitioning of the county, city, village, or township for
submission of the question to the voters of the county, city,
village, or township under subsection (2).
(b) By submission of a petition under subsection (2) by a
majority vote of the electors voting at a regular state election.
(2) Not more often than once in every 4 years, upon the filing
of a petition with the county, city, village, or township clerk, by
a majority of the electors voting at a regular state election
within that county, village, city, or township, as applicable,
requesting the submission of the question of the Sunday sale of
beer and wine, the clerk shall submit that question to the electors
of the county, city, village, or township at the next regular state
election held in that county, city, village, or township. A
petition filed under this subsection shall be filed not less than
60 days before the regular state election. A ballot question under
this subsection shall not be submitted more often than once in any
4-year period.
(3) (2)
In the case of a county, city, or
township, the
petition shall be signed by a number of the registered and
qualified electors of the county, city, or township that is not
less than 35% of the total number of votes cast for all candidates
for the office of secretary of state in that county, city, or
township at the last general election held for that purpose and, in
the case of a village the petition shall be signed by a number of
the registered and qualified electors of the village that is less
than 35% of the total number of votes cast for all candidates for
the office of president of the village at the last village election
held for that purpose.
(4) (3)
The question of the Sunday sale of
beer and wine shall
be submitted by ballot in substantially the following form:
"Shall the sale of beer and wine within (the county, city,
village,
or township as the case may be) between the hours of 2
a.m.
and 12 midnight 7 a.m. on Sunday and 2
a.m. on Monday be
prohibited?
Yes .........
No .........".
(5) (4)
All votes on the question submitted
to the electors
under this section shall be taken, counted, and canvassed in the
same manner as votes cast in county, city, village, or township
election, as applicable, are taken, counted, and canvassed. Ballots
shall be furnished by the election commission or similar body of
the respective county, city, village, or township. If a majority of
the electors voting at an election conducted under this section
vote in favor of the question submitted, the sale of beer and wine
within that county, city, village, or township between the hours of
2
a.m. and 12 midnight 7 a.m. on Sunday and
2 a.m. on Monday is
prohibited.
Sec. 1113. (1) Except as provided in subsection (2), (3), or
(5), a licensee enumerated under section 525 or any other person
shall
not may sell at retail, give away, or furnish, and a person
shall
not knowingly and willfully may
buy, spirits or mixed spirit
drink
between the hours of 2 a.m. and 12
midnight 7 a.m. on
Sunday
and
2 a.m. on Monday. If January 1 falls on Sunday, the hours may
be
extended to 4 a.m.
(2)
If Unless the legislative body of a county has authorized
prohibited the sale of spirits and mixed spirit drink for
consumption on the premises on Sunday, by resolution approved by a
majority of the legislative body voting on that resolution, the
spirits
and mixed spirit drink may be sold after 12 noon 7 a.m.,
EST, in an establishment licensed under this act in which the gross
receipts derived from the sale of food and other goods and services
exceed 50% of the total gross receipts. With respect to an action
taken by the legislative body or if the legislative body fails to
act, a petition may be filed with the county clerk requesting the
submission of the question regarding the prohibition of the sale of
spirits and mixed spirit drink for consumption on the premises in
addition to beer and wine on Sunday. The petition shall be signed
by a number of the registered and qualified electors of the county
that is not less than 8% of the total number of votes cast for all
candidates for the office of secretary of state in the county at
the last general election held for that purpose. The question shall
not be submitted to the electors of a county more than once every 4
years. The county clerk shall submit the question at the next
regular state election held in the county if the petitions are
filed not less than 60 days before the election. The question
regarding the prohibition of the sale of spirits and mixed spirit
drink for consumption on the premises, in addition to beer and
wine, on Sunday shall be submitted by ballot in substantially the
following form:
"Shall the sale of spirits and mixed spirit drink for
consumption
on the premises be permitted prohibited
on Sunday in an
establishment licensed under the Michigan liquor control code of
1998 in which the gross receipts derived from the sale of food or
other goods and services exceed 50% of the total gross receipts
within the county of .......... under the provisions of the law
governing the sale of spirits and mixed spirit drink for
consumption?
Yes ..........
No ........... ".
(3)
If Unless the legislative body of a county has authorized
prohibited the sale of spirits and mixed spirit drink for
consumption off the premises on Sunday by resolution approved by a
majority of the legislative body voting on the resolution, spirits
and
mixed spirit drink may be sold after 12
noon 7 a.m., EST, in a
retail establishment licensed under this act. With respect to an
action taken by the legislative body or if the legislative body
fails to act, a petition may be filed with the county clerk
requesting the submission of the question regarding the prohibition
of the sale of spirits and mixed spirit drink for consumption off
the premises, in addition to beer and wine, in a retail
establishment licensed under this act on Sunday. The petition shall
be signed by a number of the registered and qualified electors of
the county that is not less than 8% of the total number of votes
cast for all candidates for the office of secretary of state in the
county at the last general election shall not be held for that
purpose. The question submitted to the electors of a county more
than once every 4 years. The county clerk shall submit the question
at the next regular state election held in the county if the
petitions are filed not less than 60 days before the election. The
question regarding the prohibition of the sale of spirits and mixed
spirit drink for consumption off the premises, in addition to beer
and wine, in a retail establishment licensed under this act on
Sunday shall be submitted by ballot in substantially the following
form:
"Shall the sale of spirits and mixed spirit drink for
consumption
off the premises be permitted prohibited
on Sunday in a
retail establishment licensed under the Michigan liquor control
code of 1998 within the county of .......... under the provisions
of the law governing the sale of spirits and mixed spirit drink for
consumption?
Yes ..........
No ...........".
(4) Votes on a question submitted under this section shall be
taken, counted, and canvassed in the same manner as votes cast in
county elections are taken, counted, and canvassed. A ballot shall
be furnished by the election commission or similar body of the
county. If a majority of the electors voting at an election vote in
favor of the proposal, the sale of spirits and mixed spirit drink
may
be sold prohibited in the county under this act for consumption
on the premises or by a retail establishment for consumption off
the premises, in addition to beer and wine, on Sunday. The sale
shall not be permitted in a city, village, or township in which the
sale of spirits and mixed spirit drink is prohibited under this
act. A violation of this section is a misdemeanor. This section
does not apply to spirits and mixed spirit drink served to a bona
fide guest in the residence of a person or sold or furnished for
medicinal purposes as provided for in this act.
(5) A licensee enumerated under section 525 or any other
person shall not sell at retail, and a person shall not knowingly
and willfully buy, alcoholic liquor between the hours of 9 p.m. on
December 24 and 7 a.m. on December 26. If December 26 falls on
Sunday, the hours of closing shall be determined pursuant to this
act. The legislative body of a city, village, or township, by
resolution or ordinance, may prohibit the sale of alcoholic liquor
on Sunday or a legal holiday, primary election day, general
election day, or municipal election day.
Sec. 1114. (1) Notwithstanding R 436.1403 and R 436.1503 of
the Michigan administrative code and except as otherwise provided
under this act or rule of the commission, an on-premises and an
off-premises licensee shall not sell, give away, or furnish
alcoholic
liquor between the hours of 2 a.m. and 7 a.m. on any day.
and
shall not sell, give away, or furnish alcoholic liquor between
the
hours of 2 a.m. and 12 noon, EST, on Sunday. An on-premises and
an
off-premises licensee shall not sell, give away, or furnish
spirits
between the hours of 2 a.m. and 12 midnight on Sunday,
unless
issued a Sunday sales permit by the commission that allows
the
licensee to sell spirits on Sunday between the hours of 12
noon, EST, and 12 midnight.
(2)
For purposes of R 436.1403 and R 436.1503 of the Michigan
administrative
code, 12 noon on Sunday is considered 12 noon
on
Sunday,
EST, for any licensee located in the central time zone.
Subsection (1) does not prevent any local governmental unit from
prohibiting the sale of beer and wine on Sundays under section 1111
and does not prevent any local governmental unit from prohibiting
the sale of spirits and mixed spirit drink on Sundays under section
1113.
(3) A reference to the time of day under this act or a rule of
the commission includes daylight savings time, when observed.
Enacting section 1. This amendatory act takes effect April 1,
2010.