HB 4398

HOUSE BILL NO. 4398
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 1113 (MCL 436.2113), as amended by
2011 PA 27.
the people of the state of michigan enact:
Sec. 1113. (1) Except as provided in
subsection (2), (3), or (5) and subject to subsection (6), a licensee enumerated under section 525 may sell at retail,
and a person may buy, spirits or mixed spirit drink between the hours of 7 a.m.
on Sunday and 2 a.m. on Monday.
(2) Unless the
legislative body of a county has prohibited the sale of spirits and mixed
spirit drink for consumption on the premises between the hours of 7 a.m. and 12
noon on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on Monday,
by resolution approved by a majority of the legislative body voting on that the resolution,
spirits and mixed spirit drink may be sold after 7 a.m. on Sunday, 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 between the
hours of 7 a.m. and 12 noon on Sunday or between the hours of 7 a.m. on Sunday
and 2 a.m. on Monday. The petition shall must be signed by a number of the registered and
qualified electors of the county that is not less than 8% 5% 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 legislative body of a county, by a resolution approved
by the majority of the legislative body voting on the resolution, may direct
the county clerk to submit the question regarding the prohibition of the sale
of spirits and mixed spirit drink for consumption on the premises between the
hours of 7 a.m. and 12 noon on Sunday or between the hours of 7 a.m. on Sunday
and 2 a.m. on Monday at the next regular state election held in the county. The
question shall must
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 shall must be
submitted by ballot in substantially the following forms:
(a) For the sale
between the hours of 7 a.m. and 12 noon on Sunday:
"Shall the
sale of spirits and mixed spirit drink for consumption on the premises be
prohibited between the hours of 7 a.m. and 12 noon on Sunday within the county
of .......... under the provisions of the law governing the sale of spirits and
mixed spirit drink for consumption?
Yes ..........
No ...........
".
(b) For the sale
between the hours of 7 a.m. on Sunday and 2 a.m. on Monday:
"Shall the
sale of spirits and mixed spirit drink for consumption on the premises be
prohibited between the hours of 7 a.m. on Sunday and 2 a.m. on Monday within
the county of .......... under the provisions of the law governing the sale of
spirits and mixed spirit drink for consumption?
Yes ..........
No ...........
".
(c) For the sale between the hours of 7 a.m. and 12 noon on Sunday:
"Shall the sale of spirits and mixed spirit drink for consumption
on the premises be permitted between the hours of 7 a.m. and 12 noon on Sunday
within the county of .......... under the provisions of the law governing the
sale of spirits and mixed spirit drink for consumption?
Yes ..........
No ........... ".
(d) For the sale between the hours of 7 a.m. on Sunday and 2 a.m. on
Monday:
"Shall the sale of spirits and mixed spirit drink for consumption
on the premises be permitted between the hours of 7 a.m. on Sunday and 2 a.m.
on Monday within the county of .......... under the provisions of the law
governing the sale of spirits and mixed spirit drink for consumption?
Yes ..........
No ........... ".
(3) Unless the
legislative body of a county has prohibited the sale of spirits and mixed
spirit drink for consumption off the premises between the hours of 7 a.m. and
12 noon on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on Monday
by resolution approved by a majority of the legislative body voting on the
resolution, spirits and mixed spirit drink may be sold after 7 a.m., 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 between the hours of 7 a.m. and 12 noon
on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on Monday. The
petition shall must
be signed by a number of the registered and qualified electors of the
county that is not less than 8% 5% 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
legislative body of a county, by a resolution approved by the majority of the
legislative body voting on the resolution, may direct the county clerk to
submit the question regarding the prohibition of the sale of spirits and mixed
spirit drink for consumption on the premises between the hours of 7 a.m. and 12
noon on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on Monday at
the next regular state election held in the county. The question shall must 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 off the premises, in addition to beer and wine, in a
retail establishment licensed under this act shall must be submitted by ballot in substantially the
following forms:
(a) For the sale
between the hours of 7 a.m. and 12 noon on Sunday:
"Shall the
sale of spirits and mixed spirit drink for consumption off the premises be
prohibited between the hours of 7 a.m. and 12 noon 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
...........".
(b) For the sale
between the hours of 7 a.m. on Sunday and 2 a.m. on Monday:
"Shall the
sale of spirits and mixed spirit drink for consumption off the premises be
prohibited between the hours of 7 a.m. on Sunday and 2 a.m. on Monday 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
...........".
(c) For the sale between the hours of 7 a.m. and 12 noon on Sunday:
"Shall the sale of spirits and mixed spirit drink for consumption
on the premises be permitted between the hours of 7 a.m. and 12 noon on Sunday
within the county of .......... under the provisions of the law governing the
sale of spirits and mixed spirit drink for consumption?
Yes ..........
No ........... ".
(d) For the sale between the hours of 7 a.m. on Sunday and 2 a.m. on
Monday:
"Shall the sale of spirits and mixed spirit drink for consumption
on the premises be permitted between the hours of 7 a.m. on Sunday and 2 a.m.
on Monday 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 to the electors under this section shall must be
taken, counted, and canvassed in the same manner as votes cast in county
elections are taken, counted, and canvassed. A ballot shall must 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 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, between the hours
of 7 a.m. and 12 noon on Sunday or between the hours of 7 a.m. on Sunday and 2
a.m. on Monday. The sale of spirits and mixed spirit drink 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 11:59 p.m. on December 24 and 12 noon on
December 25. The legislative body of a city, village, or township, by
resolution or ordinance, may prohibit the sale of alcoholic liquor on a legal
holiday, primary election day, general election day, municipal election day,
between the hours of 7 a.m. and 12 noon on Sunday, or between the hours of 7
a.m. on Sunday and 2 a.m. on Monday.
(6) The sale of
spirits or mixed spirit drink in any county between the hours of 7 a.m. and 12
noon on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on Monday shall must not be
prohibited under the provisions of subsections (1) through (5) as applied to a
motorsports entertainment complex located in more than 1 county if a resolution
or referendum under this section results in the question's failing to pass in 1
county but passing in another. Under those circumstances, the commission shall
determine the issue of the sale of spirits and mixed spirit drink in the
motorsports entertainment complex in those counties between the hours of 7 a.m.
and 12 noon on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on
Monday. As used in this section, "motorsports entertainment complex"
means a closed-course motorsports facility, and its ancillary grounds and
facilities, that satisfies all of the following:
(a) Has at least
70,000 fixed seats for race patrons.
(b) Has at least 4
scheduled days of motorsports events each calendar year.
(c) Serves food and
beverages at the motorsports entertainment complex during motorsports events
each calendar year through concession outlets, which are staffed by individuals
who represent or are members of 1 or more nonprofit civic or charitable organizations
that directly benefit from the concession outlets' sales.
(d) Engages in
tourism promotion.
(e) Has permanent
exhibitions of motorsports history, events, or vehicles within the motorsports
entertainment complex.
(7) Any
prohibitions on the sale of alcoholic liquor between the hours of 7 a.m. and 12
noon on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on Monday
adopted by a county, city, village, or township before the effective date of the amendatory act that added this
subsection shall remain January 4, 2017 remains
in effect.