Act No. 101

Public Acts of 2022

Approved by the Governor

June 14, 2022

Filed with the Secretary of State

June 14, 2022

EFFECTIVE DATE:  June 14, 2022

state of michigan

101st Legislature

Regular session of 2022

Introduced by Rep. Hoitenga

ENROLLED HOUSE BILL No. 4232

AN ACT to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 707 (MCL 436.1707), as amended by 2008 PA 11.

The People of the State of Michigan enact:

Sec. 707. (1) A vendor shall not sell, serve, or furnish any alcoholic liquor to an individual in an intoxicated condition.

(2) A licensee shall not allow an individual who is in an intoxicated condition to consume alcoholic liquor on the licensed premises.

(3) A licensee, or the clerk, servant, agent, or employee of a licensee, shall not be in an intoxicated condition on the licensed premises.

(4) A licensee shall not allow an intoxicated individual to frequent or loiter on the licensed premises except where the intoxicated individual has been refused service of further alcoholic liquor and continues to remain on the premises for the purpose of eating food, seeking medical attention, arranging transportation that does not involve driving himself or herself, or any other circumstances where requiring the individual to vacate the premises immediately would be considered dangerous to that individual or to the public.

(5) A licensee shall not allow a minor to consume alcoholic liquor or to possess alcoholic liquor for personal consumption on the licensed premises.

(6) An off-premises licensee shall not allow an individual less than 18 years of age to sell or serve alcoholic liquor.

(7) An on-premises licensee may allow an individual who is 17 years of age to sell or serve alcoholic liquor if both of the following conditions are met:

(a) The individual has completed a server training program as provided for in section 906 and the rules promulgated by the commission.

(b) During the individual’s shift, the on-premises licensee has supervisory personnel as required under section 906 who are 18 years of age or older.

(8) A licensee shall not allow an individual less than 18 years of age to work or entertain on a paid or voluntary basis on the licensed premises unless the individual is employed in compliance with the youth employment standards act, 1978 PA 90, MCL 409.101 to 409.124. This subsection does not apply to an entertainer under the direct supervision and control of his or her parent or legal guardian.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor