May 3, 2005, Introduced by Senators JACOBS, THOMAS and LELAND and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending sections 1111 and 1113 (MCL 436.2111 and 436.2113),
section 1113 as amended by 2004 PA 134, and by adding section 1116;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1111. (1) The sale of beer and wine between the hours of
2
a.m. and 12 midnight 7 a.m. on Sunday may be prohibited in any
county, city, village, or township by a majority vote of the
electors voting at a regular state election. Not more often than
once in every 4 years, upon the filing of a petition with the
county, city, village, or township clerk, as applicable, requesting
the submission of the question of the Sunday sale of beer and wine,
the clerk shall submit that question to the electors of the county,
city, village, or township at the next regular state election held
in that county, city, village, or township. A petition filed under
this subsection shall be filed not less than 60 days before the
regular state election. A ballot question under this subsection
shall not be submitted more often than once in any 4-year period.
(2) In the case of a county, city, or township, the petition
shall be signed by a number of the registered and qualified
electors of the county, city, or township that is not less than 35%
of the total number of votes cast for all candidates for the office
of secretary of state in that county, city, or township at the last
general election held for that purpose and, in the case of a
village the petition shall be signed by a number of the registered
and qualified electors of the village that is less than 35% of the
total number of votes cast for all candidates for the office of
president of the village at the last village election held for that
purpose.
(3) The question of the Sunday sale of beer and wine shall be
submitted by ballot in substantially the following form:
"Shall the sale of beer and wine within (the county, city,
village, or township as the case may be) between the hours of 2
a.m.
and 12
midnight 7 a.m. on
Sunday be prohibited?
Yes .........
No .........".
(4) All votes on the question submitted to the electors under
this section shall be taken, counted, and canvassed in the same
manner as votes cast in county, city, village, or township
election, as applicable, are taken, counted, and canvassed. Ballots
shall be furnished by the election commission or similar body of
the respective county, city, village, or township. If a majority of
the electors voting at an election conducted under this section
vote in favor of the question submitted, the sale of beer and wine
within that county, city, village, or township between the hours of
2
a.m. and 12 midnight 7 a.m. on Sunday is prohibited.
Sec. 1113. (1) Except as provided in subsection (2), (3), or
(5), a licensee enumerated under section 525 or any other person
shall not sell at retail, give away, or furnish, and a person shall
not knowingly and willfully buy, spirits or mixed spirit drink
between
the hours of 2 a.m. and 12
midnight 7 a.m. on
Sunday. If
January 1 falls on Sunday, the hours may be extended to 4 a.m.
(2) If the legislative body of a county has authorized the
sale of spirits and mixed spirit drink for consumption on the
premises on Sunday, by resolution approved by a majority of the
legislative body voting on that resolution, the spirits and mixed
spirit
drink may be sold after 12
noon 7 a.m., EST, 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 of the sale of spirits and mixed spirit
drink for consumption on the premises in addition to beer and wine
on Sunday. The petition shall be signed by a number of the
registered and qualified electors of the county that is not less
than 8% 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 question shall 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 of the sale of
spirits and mixed spirit drink for consumption on the premises, in
addition to beer and wine, on Sunday shall be submitted by ballot
in substantially the following form:
"Shall the sale of spirits and mixed spirit drink for
consumption on the premises be permitted on Sunday in an
establishment licensed under the Michigan liquor control code of
1998 in which the gross receipts derived from the sale of food or
other goods and services exceed 50% of the total gross receipts
within the county of .......... under the provisions of the law
governing the sale of spirits and mixed spirit drink for
consumption?
Yes ..........
No ........... ".
(3) If the legislative body of a county has authorized the
sale of spirits and mixed spirit drink for consumption off the
premises on Sunday by resolution approved by a majority of the
legislative body voting on the resolution, spirits and mixed spirit
drink
may be sold after 12
noon 7 a.m., EST, 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 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 on Sunday.
The petition shall be signed by a number of the registered and
qualified electors of the county that is not less than 8% 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 shall
not be held for that purpose. The question 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 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 on
Sunday shall be submitted by ballot in substantially the following
form:
"Shall the sale of spirits and mixed spirit drink for
consumption off the premises be permitted 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 ...........".
(4) Votes on a question submitted under this section shall be
taken, counted, and canvassed in the same manner as votes cast in
county elections are taken, counted, and canvassed. A ballot shall
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, spirits and mixed spirit drink may be sold
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, on Sunday. The sale 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 9 p.m.
on
December
24 and 7 a.m. on December 26. If December 26 falls on
Sunday,
the hours of closing shall be determined pursuant to this
act.
The legislative body of a city, village, or
township, by
resolution or ordinance, may prohibit the sale of alcoholic liquor
on Sunday or a legal holiday, primary election day, general
election day, or municipal election day.
Sec. 1116. (1) Notwithstanding R 436.1403 of the Michigan
administrative code and except as otherwise provided by this act
and rule of the commission, a licensee shall not sell, give away,
or furnish alcoholic liquor between the hours of 2 a.m. and 7 a.m.
on any day.
(2) Subsection (1) does not prevent any local governmental
unit from prohibiting the sale of beer and wine on Sundays under
section 1111 and does not prevent any local governmental unit from
prohibiting the sale of spirits and mixed spirit drink on Sundays
under section 1113.
Enacting section 1. Section 1114 of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.2114, is repealed.