HOUSE BILL No. 6271 November 5, 1998, Introduced by Rep. Varga and referred to the Committee on Regulatory Affairs. A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 811, 916, and 1113 (MCL 436.1811, 436.1916, and 436.2113). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 811. The insurance policy described in this chapter 2 shall cover the liability imposed by section 801 and shall con- 3 tain the following conditions: 4 That no condition, provision, stipulation or limitation con- 5 tained in the policy, or any other endorsement thereon, shall 6 relieve the insurer from liability (within the statutory limits 7 provided by section 803 of the Michigan liquor control code of 819971998), for the payment of any claim for which the insured 9 may be held legally liable under section 801 of said act. 06130'98 LBO 2 1 Sec. 916. (1) An on-premises licensee shall not allow 2 monologues, dialogues, motion pictures, still slides, closed 3 circuit television, contests, or other performances for public 4 viewing on the licensed premises unless the licensee has applied 5 for and been granted an entertainment permit by the commission. 6 Issuance of an entertainment permit under this subsection does 7 not allow topless activity on the licensed premises. 8 (2) An on-premises licensee shall not allow dancing by cus- 9 tomers on the licensed premises unless the licensee has applied 10 for and been granted a dance permit by the commission. Issuance 11 of a dance permit under this subsection does not allow topless 12 activity on the licensed premises. 13 (3) An on-premises licensee shall not allow topless activity 14 on the licensed premises unless the licensee has applied for and 15 been granted a topless activity permit by the commission. This 16 section is not intended to prevent a local unit of government 17 from enacting an ordinance prohibiting topless activity or nudity 18 on a licensed premises located within that local unit of 19 government. This subsection applies only to topless activity 20 permits issued by the commission to on-premises licensees located 21 in counties with a population of 95,000 or less. 22 (4) The commission may issue to an on-premises licensee a 23 combination dance-entertainment permit or topless 24 activity-entertainment permit after application requesting a 25 permit for both types of activities. 26 (5) An on-premises licensee shall not allow the activities 27 allowed by a permit issued under this section at any time other 06130'98 3 1 than the legal hours for sale and consumption of alcoholic 2 liquor. 3 (6) Before the issuance of any permit under this section, 4 the on-premises licensee shall obtain the approval of all of the 5 following: 6 (a) The commission. 7 (b) Except in cities with a population of 1,000,000 or more, 8 the local legislative body of the jurisdiction within which the 9 premises are located. 10 (c) The chief law enforcement officer of the jurisdiction 11 within which the premises are located or the entity contractually 12 designated to enforce the law in that jurisdiction. 13 (7) The following activities are allowed without the grant- 14 ing of a permit under this section: 15 (a) The performance or playing of an orchestra, piano, or 16 other types of musical instruments, or singing. 17 (b) Any publicly broadcast television transmission from a 18 federally licensed station. 19 (8) In the case of a licensee granted an entertainment or 20 dance permit under R 436.1407 of the Michigan administrative code 21 who, after January 1, 1998, extended the activities conducted 22 under that permit to regular or full-time topless activity, that 23 licensee shall apply to the commission for a topless activity 24 permit under this section within 60 days after the effective date 25 of this section in order to continue topless activity. Except as 26 otherwise provided for in this subsection, this section applies 06130'98 4 1 only to entertainment or dance permits issued after the effective 2 date of this section. 3 (9) The fees imposed by the commission for a permit under 4 this section remain the same as the fees imposed under a permit 5 issued under R 436.1407 of the Michigan administrative code. 6 (10) Except as otherwise provided, this section does not 7 change the renewal or application process for a license under 8 section17501 or the renewal process for permits issued under 9 R 436.1407 of the Michigan administrative code. 10 (11) As used in this section: 11 (a) "Nudity" means exposure to public view of the whole or 12 part of the pubic region; the whole or part of the anus; the 13 whole or part of the buttocks; the whole or part of the genitals; 14 or the breast area including the nipple or more than 1/2 of the 15 area of the breast. 16 (b) "Topless activity" means activity that includes, but is 17 not limited to, entertainment or work-related activity performed 18 by any of the following persons on the licensed premises in which 19 the female breast area, including the nipple, or more than 1/2 of 20 the area of the breast, is directly exposed or exposed by means 21 of see-through clothing or a body stocking: 22 (i) A licensee. 23 (ii) An employee, agent, or contractor of the licensee. 24 (iii) A person acting under the control of or with the per- 25 mission of the licensee. 26 Sec. 1113. (1) Except as provided in subsection (2), (3), 27 or (5), a licensee enumerated under section 525 or any other 06130'98 5 1 person shall not sell at retail, give away, or furnish, and a 2 person shall not knowingly and willfully buy, spirits or mixed 3 spirit drink between the hours of 2 a.m. and 12 midnight on 4 Sunday. If January 1 falls on Sunday, the hours may be extended 5 to 4 a.m. 6 (2) If the legislative body of a county has authorized the 7 sale of spirits and mixed spirit drink for consumption on the 8 premises on Sunday, by resolution approved by a majority of the 9 legislative body voting on that resolution, the spirits and mixed 10 spirit drink may be sold after 12 noon in an establishment 11 licensed under this act in which the gross receipts derived from 12 the sale of food and other goods and services exceed 50% of the 13 total gross receipts. With respect to an action taken by the 14 legislative body or if the legislative body fails to act, a peti- 15 tion may be filed with the county clerk requesting the submission 16 of the question of the sale of spirits and mixed spirit drink for 17 consumption on the premises in addition to beer and wine on 18 Sunday. The petition shall be signed by a number of the regis- 19 tered and qualified electors of the county that is not less than 20 8% of the total number of votes cast for all candidates for the 21 office of secretary of state in the county at the last general 22 election held for that purpose. The question shall not be sub- 23 mitted to the electors of a county more than once every 4 years. 24 The county clerk shall submit the question at the next regular 25 state election held in the county if the petitions are filed not 26 less than 60 days before the election. The question of the sale 27 of spirits and mixed spirit drink for consumption on the 06130'98 6 1 premises, in addition to beer and wine, on Sunday shall be 2 submitted by ballot in substantially the following form: 3 "Shall the sale of spirits and mixed spirit drink for con- 4 sumption on the premises be permitted on Sunday in an establish- 5 ment licensed under the Michigan liquor control code of19976 1998 in which the gross receipts derived from the sale of food or 7 other goods and services exceed 50% of the total gross receipts 8 within the county of .......... under the provisions of the law 9 governing the sale of spirits and mixed spirit drink for 10 consumption? 11 Yes .......... 12 No ........... " 13 (3) If the legislative body of a county has authorized the 14 sale of spirits and mixed spirit drink for consumption off the 15 premises on Sunday by resolution approved by a majority of the 16 legislative body voting on the resolution, spirits and mixed 17 spirit drink may be sold after 12 noon in a retail establishment 18 licensed under this act. With respect to an action taken by the 19 legislative body or if the legislative body fails to act, a peti- 20 tion may be filed with the county clerk requesting the submission 21 of the question of the sale of spirits and mixed spirit drink for 22 consumption off the premises, in addition to beer and wine, in a 23 retail establishment licensed under this act on Sunday. The 24 petition shall be signed by a number of the registered and quali- 25 fied electors of the county that is not less than 8% of the total 26 number of votes cast for all candidates for the office of 27 secretary of state in the county at the last general election 06130'98 7 1 held for that purpose. The question shall not be submitted to 2 the electors of a county more than once every 4 years. The 3 county clerk shall submit the question at the next regular state 4 election held in the county if the petitions are filed not less 5 than 60 days before the election. The question of the sale of 6 spirits and mixed spirit drink for consumption off the premises, 7 in addition to beer and wine, in a retail establishment licensed 8 under this act on Sunday shall be submitted by ballot in substan- 9 tially the following form: 10 "Shall the sale of spirits and mixed spirit drink for con- 11 sumption off the premises be permitted on Sunday in a retail 12 establishment licensed under the Michigan liquor control code of 1319971998 within the county of .......... under the provisions 14 of the law governing the sale of spirits and mixed spirit drink 15 for consumption? 16 Yes .......... 17 No ...........". 18 (4) Votes on a question submitted under this section shall 19 be taken, counted, and canvassed in the same manner as votes cast 20 in county elections are taken, counted, and canvassed. A ballot 21 shall be furnished by the election commission or similar body of 22 the county. If a majority of the electors voting at an election 23 vote in favor of the proposal, spirits and mixed spirit drink may 24 be sold in the county under this act for consumption on the 25 premises or by a retail establishment for consumption off the 26 premises, in addition to beer and wine, on Sunday. The sale 27 shall not be permitted in a city, village, or township in which 06130'98 8 1 the sale of spirits and mixed spirit drink is prohibited under 2 this act. A violation of this section is a misdemeanor. This 3 section does not apply to spirits and mixed spirit drink served 4 to a bona fide guest in the residence of a person or sold or fur- 5 nished for medicinal purposes as provided for in this act. 6 (5) A licensee enumerated under section 525 or any other 7 person shall not sell at retail, and a person shall not knowingly 8 and willfully buy, alcoholic liquor between the hours of 9 9 p.m. on December 24 and 7 a.m. on December 26. If December 26 10 falls on Sunday, the hours of closing shall be determined pursu- 11 ant to this act. The legislative body of a city, village, or 12 township, by resolution or ordinance, may prohibit the sale of 13 alcoholic liquor on Sunday or a legal holiday, primary election 14 day, general election day, or municipal election day. 06130'98 Final page. LBO