ALCOHOL LICENSING REQUIREMENTS

House Bill 5627

Sponsor:  Rep. Tory Rocca

Committee:  Regulatory Reform

Complete to 2-3-06

A SUMMARY OF HOUSE BILL 5627 AS INTRODUCED 2-1-06

Section 913 of the Michigan Liquor Control Code says:

A person shall not maintain, operate, lease, or otherwise furnish to any person any premises or place that is not licensed [under the act] within which the other person may engage in the drinking of alcoholic liquor for consideration.

 

House Bill 5627 would amend Section 913 to add the following prohibitions.  A person could not:

·                    Obtain by way of lease or rental agreement, and furnish or provide to another person, any premises or place not licensed under the act within which any other person could engage in the drinking of alcohol for consideration.

·                    Maintain, operate, or lease, or otherwise furnish to any person, for consideration, any premises not licensed under the act within which any other person could engage in the drinking of alcohol.

·                    Obtain by way of lease or rental agreement and furnish or provide to any other person, for consideration, any premises not licensed under the act within which any other person could engage in the drinking of alcohol.

The term "consideration" currently refers to any fee; cover charge; the storage of alcoholic liquor; the sale of food, ice, ice, mixers, or other liquids used with alcoholic drinks; or the furnishing of glassware or other containers for use in consuming alcohol in conjunction with the sale of food.

House Bill 5627 would expand the definition of "consideration" to include ticket purchases and "the providing of any service or item, or combination of service and item, or the purchasing of any service or item, or the combination of service and item."

The bill also amends the definition of "special license" to bring the statute into compliance with Liquor Control Commission rules.

FISCAL IMPACT:

There is no fiscal impact on the State of Michigan or its local units of government.

                                                                                           Legislative Analyst:   Chris Couch

                                                                                                  Fiscal Analyst:   Richard Child

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.