HB-6478, As Passed Senate, December 20, 2018
November 7, 2018, Introduced by Rep. Johnson and referred to the Committee on Financial Liability Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending sections 519 and 523 (MCL 436.1519 and 436.1523),
section 519 as amended by 2018 PA 158.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 519. (1) Except as otherwise provided in this act, the
commission shall not issue a license to sell alcoholic liquor,
either on or off the premises, if the property or establishment to
be covered by the license is situated in or on state owned land.
(2) Subsection (1) does not apply to a special license that
has been approved by the governing authority of that state owned
land.
(3) Subsection (1) does not apply to any of the following:
(a) The Michigan state fairgrounds.
(b) The Upper Peninsula state fairgrounds.
(c) Armories, air bases, and naval installations owned or
leased by this state or provided by the federal government by
either lease, license, or use permit and used by outside parties of
a nonmilitary or nonstate governmental nature.
(d) Land that was under lease to a person licensed in the
calendar year 1954 and on which a licensed establishment is
presently located.
(e) Land located in the Upper Peninsula that was owned or
leased by the federal government, used as a military installation,
and transferred to this state before December 31, 2000 under 1978
PA 151, MCL 3.551 to 3.561, or 1993 PA 159, MCL 3.571 to 3.580. The
commission may issue 2 additional licenses under this subdivision
for establishments located on this state land without regard to or
without an effect on the quota provisions of section 531 in the
local governmental unit in which the license will be issued subject
to the recommendation of the authority established under 1978 PA
151, MCL 3.551 to 3.561, or 1993 PA 159, MCL 3.571 to 3.580. A
person issued a license under this subdivision may renew the
license and transfer ownership of the license, without regard to or
without an effect on the quota provisions of section 531, if title
to the property covered by the license is transferred from this
state to another person or to another governmental unit. The
commission shall not transfer a license issued under this
subdivision to another location. Before the issuance of a license,
and annually thereafter before the issuance of a license for a new
licensing period, the applicant for a license shall submit to the
commission a certificate from the department or agency charged with
control of the land setting forth that the issuance of a license is
not incompatible with the objects and purposes entrusted to that
department or agency under the law establishing control of the land
in the department or agency. This subsection does not prohibit the
issuance of a license under section 513.
(f) Property owned by the Michigan state waterways commission
and leased to persons under part 791 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.79101 to
324.79118. The commission may issue a license under this
subdivision to a lessee without regard to the quota provisions of
section 531. However, the commission shall not issue a license
under this subdivision without the written approval of the Michigan
state waterways commission or its designee. A license issued under
this subdivision is not transferable as to ownership or location,
and, if the licensee goes out of business, the license must be
surrendered to the commission.
(g) Property owned by the state treasurer of this state when
acting in the capacity of custodian of the assets of the state
retirement systems created by the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437; the
state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69;
the state police retirement act of 1986, 1986 PA 182, MCL 38.1601
to
38.1648; 38.1675; and the judges retirement act of 1992, 1992 PA
234, MCL 38.2101 to 38.2670.
(h) A building to which all of the following apply:
(i) The building is owned by this state.
(ii) The land on which the building is located is owned by
this state.
(iii) The building is more than 1,000,000 square feet.
(iv) Space within the building is leased to a private entity
to which both of the following apply:
(A) In the building, the private entity provides services to
the general public.
(B) The private entity holds a license to sell alcoholic
liquor as provided by this act.
Sec. 523. (1) A person who holds or whose spouse holds, either
by appointment or election, a public office which involves the duty
to enforce any of the penal laws of the United States, or the penal
laws of this state, or a penal ordinance or resolution of any
municipal subdivision of the state, except civil defense volunteer
police, mayors or council members of cities, or village presidents,
or mayors of home rule cities whose law enforcement authority under
the city charter is restricted to emergency situations, or the
state treasurer of this state when acting in the capacity of
custodian of the assets of the state retirement systems created by
the public school employees retirement act of 1979, 1980 PA 300,
MCL
38.1301 to 38.1408; 38.1437;
the state employees' retirement
act, 1943 PA 240, MCL 38.1 to 38.69; the state police retirement
act
of 1986, 1986 PA 182, MCL 38.1601 to 38.1648; 38.1675; and
the
judges retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670,
and members of these state retirement systems only if the state
treasurer makes an investment in the name of the respective
retirement
system to which such the members belong, shall must not
be issued a license, or have an interest, directly or indirectly,
in a license if the activity regulated by the license occurs in the
same local unit of government within which the person enforces
those state or local penal laws unless the official is
contractually prohibited from enforcing this act. This subsection
does not apply to a spouse of an appointed or elected official
holding an office which involves the duty to enforce a penal law
described in this subsection if the spouse held a license or an
interest in a license for not less than 3 years before marrying the
appointed or elected official or if the spouse has voting rights in
a public or private club holding the license, which voting rights
are derived from ownership of shares to the club, and the spouse
participates as a member in good standing of the public or private
club or of an advisory board but does not participate in the day-
to-day
operation of the club. In the case of any For a licensee
excepted
from the general prohibition contained in under this
section, the commission may periodically review all circumstances
of the licensee and his or her spouse regarding the exception. The
commission
has the authority to may review and monitor any
complaints it receives regarding inappropriate enforcement of this
act by or against a person excepted from this section. However, a
nonprofit fraternal organization incorporated under the laws of
this state, whose membership is not totally composed of law
enforcement personnel or public officeholders charged with the duty
of enforcing any penal laws or ordinances of a governmental body,
may be issued a club liquor license if the organization is
otherwise qualified.
(2) As used in this section, "law enforcement personnel" does
not include the mayor of a city or the state treasurer of this
state when acting in the capacity of custodian of the assets of the
state retirement systems created by the public school employees
retirement
act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408,
38.1437, the state employees' retirement act, 1943 PA 240, MCL 38.1
to 38.69, the state police retirement act of 1986, 1986 PA 182, MCL
38.1601
to 38.1648, 38.1675, and the judges retirement act of 1992,
1992 PA 234, MCL 38.2101 to 38.2670, and members of these state
retirement systems only if the state treasurer makes an investment
in
the name of the respective retirement system to which such the
members belong.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6475 (request no.
05259'18) of the 99th Legislature is enacted into law.