SENATE BILL No. 357

March 27, 2001, Introduced by Senators MC MANUS, GAST, SMITH and KOIVISTO

and referred to the Committee on Economic Development, International Trade and

Regulatory Affairs.

A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 541 (MCL 436.1541).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 541. (1) The commission shall not prohibit an appli-

2 cant for or the holder of a specially designated distributor

3 license or specially designated merchant license from owning or

4 operating motor vehicle fuel pumps on or adjacent to the licensed

5 premises, if both of the following conditions are met:

6 (a) One EITHER or both of the following: conditions

7 exist:

8 (i) The applicant or licensee is located in a neighborhood

9 shopping center composed of 1 or more commercial establishments

10 organized or operated as a unit which is related in location,

11 size, and type of shop to the trade area that the unit serves,

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1 which provides not less than 50,000 square feet of gross leasable

2 retail space, and which provides 5 private off-street parking

3 spaces for each 1,000 square feet of gross leasable retail

4 space.

5 (ii) The applicant or licensee maintains a minimum inventory

6 on the premises, excluding alcoholic liquor and motor vehicle

7 fuel, of not less than $250,000.00, at cost, of those goods and

8 services customarily marketed by approved types of businesses.

9 (b) The site of payment and selection of alcoholic liquor is

10 not less than 50 feet from that point where motor vehicle fuel is

11 dispensed.

12 (2) The commission shall not prohibit an applicant for or

13 the holder of a specially designated merchant license from owning

14 or operating motor vehicle fuel pumps on or adjacent to the

15 licensed premises if both EITHER of the following conditions

16 are IS met:

17 (a) The applicant or licensee is located in either of the

18 following: MAINTAINS ON THE PREMISES A RETAIL BUILDING OF NOT

19 LESS THAN 900 SQUARE FEET OF GROSS LEASABLE RETAIL SPACE.

20 (i) A city, incorporated village, or township with a popu-

21 lation of 3,000 or less and a county with a population of 31,000

22 or more.

23 (ii) A city, incorporated village, or township with a popu-

24 lation of 3,500 or less and a county with a population of less

25 than 31,000.

26 (b) The applicant or licensee maintains a minimum inventory

27 on the premises, excluding alcoholic liquor and motor vehicle

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1 fuel, of not less than $10,000.00, at cost, of those goods and

2 services customarily marketed by approved types of businesses.

3 (3) The commission shall not prohibit an applicant for or

4 the holder of a specially designated distributor license from

5 owning or operating motor vehicle fuel pumps on or adjacent to

6 the licensed premises if both of the following conditions are

7 met:

8 (a) The applicant or licensee is located in either of the

9 following:

10 (i) A city, incorporated village, or township with a popula-

11 tion of 3,000 or less and a county with a population of 31,000 or

12 more.

13 (ii) A city, incorporated village, or township with a popu-

14 lation of 3,500 or less and a county with a population of less

15 than 31,000.

16 (b) The applicant or licensee maintains a minimum inventory

17 on the premises, excluding alcoholic liquor and motor vehicle

18 fuel, of not less than $12,500.00, at cost, of those goods and

19 services customarily marketed by approved types of businesses.

20 (4) A person who was issued a specially designated merchant

21 license or specially designated distributor license at a location

22 at which another person owned, operated or maintained motor vehi-

23 cle fuel pumps at the same location may have or acquire an inter-

24 est in the ownership, operation or maintenance of those motor

25 vehicle fuel pumps.

26 (5) The commission may transfer ownership of a specially

27 designated merchant license or specially designated distributor

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1 license to a person who owns or is acquiring an interest in motor

2 vehicle fuel pumps already in operation at the same location at

3 which the license is issued.

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