April 26, 2016, Introduced by Senators MARLEAU, JONES and KOWALL 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 531 and 533 (MCL 436.1531 and 436.1533),
section 531 as amended by 2014 PA 135 and section 533 as amended by
1998 PA 416.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
531. (1) A The commission
shall not issue a public
license
shall not be granted for the sale of alcoholic liquor for
consumption
on the premises if the issuance
would result in excess
of
more than 1 license for each 1,500 of population or major
fraction
thereof. of 1,500 of
population. An on-premises escrowed
license issued under this subsection may be transferred, subject to
local legislative approval under section 501(2), to an applicant
whose proposed operation is located within any local governmental
unit in a county in which the escrowed license was located. If the
local governmental unit within which the former licensee's premises
were located spans more than 1 county, an escrowed license may be
transferred, subject to local legislative approval under section
501(2), to an applicant whose proposed operation is located within
any local governmental unit in either county. If an escrowed
license is activated within a local governmental unit other than
that local governmental unit within which the escrowed license was
originally issued, the commission shall count that activated
license against the local governmental unit originally issuing the
license.
This The quota under
this subsection does not bar the
right of an existing licensee to renew a license or transfer the
license and does not bar the right of an on-premises licensee of
any class to reclassify to another class of on-premises license in
a manner not in violation of law or this act, subject to the
consent of the commission. The upgrading of a license resulting
from a request under this subsection is subject to approval by the
local governmental unit having jurisdiction.
(2) In a resort area, the commission may issue no more than
550 licenses for a period not to exceed 12 months without regard to
a limitation because of population and with respect to the resort
license the commission, by rule, shall define and classify resort
seasons by months and may issue 1 or more licenses for resort
seasons without regard to the calendar year or licensing year.
(3) In addition to the resort licenses authorized in
subsection (2), the commission may issue not more than 5 additional
licenses per year to establishments whose business and operation,
as determined by the commission, is designed to attract and
accommodate tourists and visitors to the resort area, whose primary
purpose is not for the sale of alcoholic liquor, and whose capital
investment in real property, leasehold improvement, and fixtures
for the premises to be licensed is $75,000.00 or more. Further, the
commission shall issue 1 license under this subsection per year to
an applicant located in a rural area that has a poverty rate, as
defined by the latest decennial census, greater than the statewide
average, or that is located in a rural area that has an
unemployment rate higher than the statewide average for 3 of the 5
preceding years. In counties having a population of less than
50,000, as determined by the last federal decennial census or as
determined
under subsection (11) and subject to subsection (16) in
the
case of for a class A hotel or a class B hotel, the commission
shall not require the establishments to have dining facilities to
seat more than 50 persons. The commission may cancel the license if
the resort is no longer active or no longer qualifies for the
license. Before January 16 of each year the commission shall
transmit
to the legislature a report giving details as to that
includes all of the following:
(a) The number of applications received under this subsection.
(b) The number of licenses granted and to whom.
(c) The number of applications rejected and the reasons they
were rejected.
(d) The number of the licenses revoked, suspended, or as to
which
other disciplinary action was taken, and
against whom the
names of the licensees, and the grounds for revocation, suspension,
or disciplinary action.
(4) In addition to any licenses for the sale of alcoholic
liquor for consumption on the premises that may be available in the
local governmental unit under subsection (1) and the resort
licenses authorized in subsections (2) and (3), the commission may
issue not more than 15 resort economic development licenses per
year. A person is eligible to apply for a resort economic
development
license under this subsection upon on submitting an
application to the commission and demonstrating all of the
following:
(a) The establishment's business and operation, as determined
by the commission, is designed to attract and accommodate tourists
and visitors to the resort area.
(b) The establishment's primary business is not the sale of
alcoholic liquor.
(c) The capital investment in real property, leasehold
improvement, fixtures, and inventory for the premises to be
licensed is in excess of $1,500,000.00.
(d) The establishment does not allow or permit casino gambling
on the premises.
(5) In governmental units having a population of 50,000 or
less, as determined by the last federal decennial census or as
determined under subsection (11), in which the quota of specially
designated distributor licenses, as provided by section 533, has
been exhausted, the commission may issue not more than a total of
15 additional specially designated distributor licenses per year to
established merchants whose business and operation, as determined
by the commission, is designed to attract and accommodate tourists
and
visitors to the resort area. A Subject
to a waiver by the
commission under section 533(3), a specially designated distributor
license issued under this subsection before the effective date of
the amendatory act that added section 533(3) may be issued at a
location within 2,640 feet of existing specially designated
distributor
license locations. A Subject
to a waiver by the
commission under section 533(3), a specially designated distributor
license
issued under this subsection shall does not bar another
specially designated distributor licensee from transferring the
licensed location before the effective date of the amendatory act
that added section 533(3) to within 2,640 feet of that licensed
location. A specially designated distributor license issued under
section 533 may be located within 2,640 feet of a specially
designated distributor license issued under this subsection before
the effective date of the amendatory act that added section 533(3).
The person signing the application for a specially designated
distributor license under this subsection shall state that he or
she attempted to secure an escrowed specially designated
distributor license or quota license and that, to the best of his
or her knowledge, an escrowed specially designated distributor
license or quota license is not readily available within the county
in which the applicant for the specially designated distributor
license under this subsection proposes to operate.
(6) In addition to any licenses for the sale of alcoholic
liquor for consumption on the premises that may be available in the
local governmental unit under subsection (1), and the resort or
resort economic development licenses authorized in subsections (2),
(3), and (4), and notwithstanding section 519, the commission may
issue not more than 5 additional special purpose licenses in any
calendar year for the sale of beer and wine for consumption on the
premises.
A The commission may only
issue a special purpose license
issued
under this subsection shall be
issued only for events that
are to be held from May 1 to September 30, are artistic in nature,
and
that are to be held on the campus of a public university with
an enrollment of 30,000 or more students. A special purpose license
is valid for 30 days or for the duration of the event for which it
is issued, whichever is less. The fee for a special purpose license
is $50.00. A special purpose license may be issued only to a
corporation that meets all of the following requirements:
(a)
Is The corporation is a nonprofit corporation organized
under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to
450.3192.
(b)
Has The corporation has a board of directors constituted
of members of whom half are elected by the public university at
which the event is scheduled and half are elected by the local
governmental unit.
(c)
Has The corporation has been in continuous existence for
not less than 6 years.
(7) Notwithstanding the local legislative body approval
provision
of section 501(2) and notwithstanding the provisions of
section 519, the commission may issue, without regard to the quota
provisions of subsection (1) and with the approval of the governing
board
of the university, either a tavern or class C license which
that may be used only for regularly scheduled events at a public
university's established outdoor program or festival at a facility
on the campus of a public university having a head count enrollment
of
10,000 students or more. A The
commission may only issue a
license
issued under this subsection may only be issued to the
governing board of a public university, a person that is the lessee
or concessionaire of the governing board of the university, or
both. A license issued under this subsection is not transferable as
to ownership or location. Except as otherwise provided in this
subsection, a license issued under this subsection may not be
issued at an outdoor stadium customarily used for intercollegiate
athletic events. A license may be issued at an outdoor stadium
customarily used for intercollegiate athletic events for not more
than 30 consecutive days to a concessionaire of an entity granted
exclusive use of a public university's property in conjunction with
a hockey game sanctioned by an unincorporated not-for-profit
association that operates a major professional ice hockey league
consisting of teams located in Canada and in the United States or
in conjunction with a professional international soccer match
between 2 international soccer clubs as part of a tournament
sanctioned by a not-for-profit association that is the governing
body for soccer in the United States and organized and promoted by
a match agent that is licensed by the international governing body
for soccer if the concessionaire has entered into an agreement
granting it control of the licensed premises for the purposes of
complying with this act and rules promulgated under this act
regarding the sale of alcoholic liquor. A nationally televised game
between 2 professional hockey teams or 2 professional international
soccer clubs played outdoors is considered an established outdoor
program for the purposes of this subsection. Notwithstanding any
provision of this act or any rule promulgated under this act, a
concessionaire obtaining a license under this subsection may share
the profits generated from that license with an unincorporated not-
for-profit association that operates a major professional ice
hockey league consisting of teams located in Canada and in the
United States or an affiliated entity under a written contract
reviewed by the commission or with a licensed match agent and a
promoter that organizes and promotes international soccer matches
under a written contract reviewed by the commission. If the
established outdoor program is a nationally televised game between
2 professional hockey teams or 2 professional international soccer
clubs, the commission may allow the promotion and advertising of
alcoholic liquor brands on the campus of a public university where
a concessionaire has been issued a license under this subsection
for the duration of the license.
(8) In issuing a resort or resort economic development license
under subsection (3), (4), or (5), the commission shall consider
economic development factors of the area in issuing licenses to
establishments designed to stimulate and promote the resort and
tourist industry. The commission shall not transfer a resort or
resort economic development license issued under subsection (3),
(4), or (5) to another location. If the licensee goes out of
business, the
license shall must be surrendered to the commission.
(9) The limitations and quotas of this section are not
applicable to issuing a new license to a veteran of the armed
forces of the United States who was honorably discharged or
released under honorable conditions from the armed forces of the
United States and who had by forced sale disposed of a similar
license within 90 days before or after entering or while serving in
the armed forces of the United States, as a part of the person's
preparation for that service if the application for a new license
is submitted for the same governmental unit in which the previous
license was issued and within 60 days after the discharge of the
applicant from the armed forces of the United States.
(10) The limitations and quotas of this section are not
applicable to issuing a new license or renewing an existing license
where
if the property or establishment to be licensed is
situated
in or on land on which an airport owned by a county or in which a
county has an interest is situated.
(11) For purposes of implementing this section a special state
census of a local governmental unit may be taken at the expense of
the
local governmental unit by the federal bureau Federal Bureau of
census
Census or the secretary of state under section 6 of the
home
rule
city act, 1909 PA 279, MCL 117.6. The special census shall
must be initiated by resolution of the governing body of the local
governmental unit involved. The secretary of state may promulgate
additional
rules necessary for implementing this section pursuant
to
under the administrative procedures act of 1969, 1969 PA
306,
MCL 24.201 to 24.328.
(12) Before granting an approval as required in section 501(2)
for a license to be issued under subsection (2), (3), or (4), a
local legislative body shall disclose the availability of
transferable licenses held in escrow for more than 1 licensing year
within
that respective local governmental unit. The local
governmental unit shall provide public notice of the meeting to
consider the granting of the license by the local governmental unit
2 weeks before the meeting.
(13) The person signing the application for an on-premises
resort or resort economic development license shall state and
verify that he or she attempted to secure an on-premises escrowed
license or quota license and that, to the best of his or her
knowledge, an on-premises escrowed license or quota license is not
readily available within the county in which the applicant for the
on-premises resort or resort economic development license proposes
to operate.
(14) The commission shall not issue an on-premises resort or
resort economic development license if the county within which the
resort or resort economic development license applicant proposes to
operate has not issued all on-premises licenses available under
subsection (1) or if an on-premises escrowed license exists and is
readily available within the local governmental unit in which the
applicant for the on-premises resort or resort economic development
license proposes to operate. The commission may waive the
provisions
of this subsection upon on
a showing of good cause.
(15) The commission shall annually report to the legislature
the names of the businesses issued licenses under this section and
their locations.
(16) The commission shall not require a class A hotel or a
class B hotel licensed under subsection (2), (3), or (4) to provide
food service to registered guests or to the public.
(17) Subject to the limitation and quotas of subsection (1)
and to local legislative approval under section 501(2), the
commission may approve the transfer of ownership and location of an
on-premises escrowed license within the same county to a class G-1
or class G-2 license or may approve the reclassification of an
existing on-premises license at the location to be licensed to a
class
G-1 license or to a class G-2 license.
, subject to
subsection
(1). Resort or economic development
on-premises licenses
created under subsection (3) or (4) may not be issued as, or
reclassified to, a class G-1 or class G-2 license.
(18) An escrowed specially designated distributor license may
be transferred, with the consent of the commission, to an applicant
whose proposed operation is located within any local governmental
unit in a county in which the specially designated distributor
license is located. If the local governmental unit within which the
escrowed specially designated distributor license is located spans
more than 1 county, the license may be transferred to an applicant
whose proposed operation is located within any local governmental
unit in either county. If the specially designated distributor
license is activated within a local governmental unit other than
that local governmental unit within which the specially designated
distributor license was originally issued, the commission shall
count that activated license against the local governmental unit
originally issuing the specially designated distributor license.
(19) Subsection (8) of R 436.1135 of the Michigan
administrative
code Administrative Code does not apply to a
transfer under subsection (18).
(20) As used in this section:
(a)
"Escrowed license" means a license in as to which
the
rights of the licensee in the license or to the renewal of the
license are still in existence and are subject to renewal and
activation in the manner provided for in R 436.1107 of the Michigan
administrative
code.Administrative Code.
(b) "Readily available" means available under a standard of
economic feasibility, as applied to the specific circumstances of
the applicant, that includes, but is not limited to, the following:
(i) The fair market value of the license, if determinable.
(ii) The size and scope of the proposed operation.
(iii) The existence of mandatory contractual restrictions or
inclusions attached to the sale of the license.
Sec. 533. (1) A retail vendor licensed under this act to sell
for consumption on the premises may apply for a license as a
specially designated merchant.
(2) A specially designated distributor may apply for a license
as a specially designated merchant. In cities, incorporated
villages, or townships, the commission shall issue only 1 specially
designated distributor license for each 3,000 of population, or
fraction of 3,000 of population. The commission may waive the quota
requirement
may be waived at the discretion of the commission under
this subsection if there is no existing specially designated
distributor
licensee licensed
establishment within 2 miles of the
applicant, measured along the nearest traffic route.
(3) Except as otherwise provided in this subsection, the
commission shall not approve an application for a new specially
designated distributor license or the transfer of location of an
existing specially designated distributor license if there is an
existing specially designated distributor licensed establishment
located within 2,640 feet of the proposed licensed establishment.
The distance between the existing specially designated
distributor's licensed establishment and the proposed licensed
establishment must be measured along the center line of the street
or streets of address between 2 fixed points on the center line
determined by projecting straight lines, at right angles to the
center line, from the part of the existing specially designated
distributor's licensed establishment nearest to the proposed
licensed establishment and from the part of the proposed licensed
establishment to the existing specially designated distributor's
licensed establishment. The commission may waive the distance
restriction described in this subsection for any of the following
reasons:
(a) The existing specially designated distributor has
purchased less than $50,000.00 in spirits from the commission
during the last full calendar year.
(b) The existing specially designated distributor has a class
A hotel license or class B hotel license.
(c) The proposed licensed establishment and the existing
specially designated distributor's licensed establishment are
separated by a major thoroughfare of not less than 4 lanes of
traffic.
(d) The proposed licensed establishment is located in a
neighborhood shopping center that does not have an existing
specially designated distributor licensed establishment and the
proposed licensed establishment is located not less than 1,000 feet
from an existing specially designated distributor's licensed
establishment. The distance between the existing specially
designated distributor's licensed establishment and the proposed
licensed establishment must be measured along the center line of
the street or streets of address between 2 fixed points on the
center line determined by projecting straight lines, at right
angles to the center line, from the part of the existing specially
designated distributor's licensed establishment nearest to the
proposed licensed establishment and from the part of the proposed
licensed establishment to the existing specially designated
distributor's licensed establishment. As used in this subdivision,
"neighborhood shopping center" means 1 commercial establishment, or
a group of commercial establishments organized or operated as a
unit, that is related in location, size, and type of shop to the
trade area that the unit serves, and consists of not less than
50,000 square feet of leasable retail space, and has access to off-
street parking spaces.
(e) The existing specially designated distributor's licensed
establishment is located within 2,640 feet of another existing
specially designated distributor's licensed establishment and the
existing specially designated distributor requests a transfer of
location that is within 2,640 feet of the other existing specially
designated distributor's licensed establishment, on showing of good
cause by the licensee that is requesting the transfer of location.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.