June 28, 2007, Introduced by Rep. Farrah and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 503 (MCL 436.1503).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
503. (1) A The commission
shall deny a new application
for
a license to sell alcoholic beverages liquor at retail, or a
request
to transfer location of an existing license, shall be
denied
if the contemplated location is
within 500 feet of a church
or a school building. The distance between the church or school
building and the contemplated location shall be measured along the
center line of the street or streets of address between 2 fixed
points on the center line determined by projecting straight lines,
at right angles to the center line, from the part of the church or
school building nearest to the contemplated location and from the
part of the contemplated location nearest to the church or school
building.
(2)
This section does not apply to specially any of the
following:
(a) Specially designated merchants not in conjunction with on
the premise licenses.
(b) (3)
This section does not apply to an An
outstanding
license issued before March 1, 1949, for a location within the
aforesaid
distance described in subsection (1) or to the renewal or
transfer
of the outstanding license at that location; , or to a
resort
license in effect during the 1948-1949 licensing year; ,
or
and to the renewal or transfer of the resort at that location or to
an
application for a license at that location which that has
been
approved
by the commission before March 1, 1949.
, and licenses
Licenses so issued, renewed, transferred, or approved shall be
conclusively presumed to be valid for purposes of this section
only.
(c) An applicant located in a downtown or business area as
determined or designated by the legislative body of the local
governmental unit.
(4) The commission may waive this section in the case of other
classes of licenses. If an objection is not filed by the church or
school,
the commission may issue the license pursuant to under this
act. If an objection is filed, the commission shall hold a hearing
pursuant
to in compliance with rules established by the commission
before making a decision on the issuance of the license.
(5)
This section shall does not be construed to prevent the
transfer of a license to a location farther from a church or
school, if the license to be transferred is within the 500-foot
radius.