February 23, 2010, Introduced by Reps. Segal, Scripps and Ebli 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 new application for a license to sell
alcoholic beverages 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 preschool, church, or a school building.
The distance between the preschool, 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 preschool, church,
or school building nearest to the contemplated location and from
the part of the contemplated location nearest to the preschool,
church, or school building.
(2) This section does not apply to specially designated
merchants
not in conjunction with on the premise premises licenses.
(3) This section does not apply to 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 to the renewal or
transfer of the resort at that location or to an application for a
license at that location which has been approved by the commission
before March 1, 1949, and licenses so issued, renewed, transferred,
or approved shall be conclusively presumed to be valid for purposes
of this section only.
(4) The commission may waive this section in the case of other
classes of licenses. If an objection is not filed by the preschool,
church, or school, the commission may issue the license pursuant to
this act. If an objection is filed, the commission shall hold a
hearing pursuant to rules established by the commission before
making a decision on the issuance of the license.
(5) This section shall not be construed to prevent the
transfer of a license to a location farther from a preschool,
church, or school, if the license to be transferred is within the
500-foot radius.
(6) As used in this section, "preschool" means a facility
licensed as a child care center as that term is defined in section
1 of 1973 PA 116, MCL 722.111.