SB-0100, As Passed House, April 14, 2011

SUBSTITUTE FOR

SENATE BILL NO. 100

A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending sections 1111, 1113, and 1114 (MCL 436.2111, 436.2113,

and 436.2114), as amended by 2010 PA 213.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1111. (1) ~~Except as otherwise provided for in subsection~~

~~(6), the~~ The sale of beer and wine between the hours of 7 a.m. on

Sunday and 2 a.m. on Monday is allowed. ~~, but may be prohibited, in~~

~~any~~ Except as otherwise provided in subsection (6), a county, city,

village, or township may prohibit the sale of beer and wine between

the hours of 7 a.m. and 12 noon on Sunday or between the hours of 7

a.m. on Sunday and 2 a.m. on Monday under the following

circumstances:

(a) By majority vote of the legislative body voting on the

resolution to make such an authorization. Failure of the

legislative body to act on such an authorization is grounds for the

petitioning of the county, city, village, or township for

submission of the question to the voters of the county, city,

village, or township under subsection (2).

(b) By submission of a petition under subsection (2) by a

majority vote of the electors voting at a regular state election.

(2) ~~Not more often than once in every 4 years, upon~~ Upon the

filing of a petition with the county, city, village, or township

clerk, by a majority of the electors voting at a regular state

election within that county, village, city, or township, as

applicable, requesting the submission of the question of the Sunday

morning sale of beer and wine or 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.

(3) 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 not 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.

(4) The question of the ~~Sunday~~ sale of beer and wine shall be

submitted by ballot in substantially the following ~~form~~ forms:

(a) For the sale between the hours of 7 a.m. and 12 noon on

Sunday:

"Shall the sale of beer and wine within (the county, city,

village, or township as the case may be) between the hours of 7

a.m. and 12 noon on Sunday ~~and 2 a.m. on Monday~~ be prohibited?

Yes .........

No .........".

(b) For the sale between the hours of 7 a.m. on Sunday and 2

a.m. on Monday:

"Shall the sale of beer and wine within (the county, city,

village, or township as the case may be) between the hours of 7

a.m. on Sunday and 2 a.m. on Monday be prohibited?

Yes .........

No .........".

(5) ~~All votes on the~~ Votes on a 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~~ elections, 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 7 a.m. and 12 noon on Sunday or between the

hours of 7 a.m. on Sunday and 2 a.m. on Monday is prohibited.

(6) The sale of beer and wine in any county between the hours

of 7 a.m. and 12 noon on Sunday or between the hours of 7 a.m. on

Sunday and 2 a.m. on Monday shall not be prohibited under the

provisions of subsections (1) through (5) as applied to a

motorsports entertainment complex located in more than 1 county if

a resolution or referendum under this section results in the

question's failing to pass in 1 county but passing in another.

Under ~~such~~ these circumstances, the commission shall determine the

issue of the sale of beer and wine in the motorsports entertainment

complex in those counties between the hours of 7 a.m. and 12 noon

on Sunday or between the hours of 7 a.m. on Sunday and 2 a.m. on

Monday. As used in this section, "motorsports entertainment

complex" means a closed-course motorsports facility, and its

ancillary grounds and facilities, that satisfies all of the

following:

(a) Has at least 70,000 fixed seats for race patrons.

(b) Has at least 4 scheduled days of motorsports events each

calendar year.

complex during motorsports events each calendar year through

concession outlets, which are staffed by individuals who represent

or are members of 1 or more nonprofit civic or charitable

organizations that directly benefit from the concession outlets'

sales.

(d) Engages in tourism promotion.

(e) Has permanent exhibitions of motorsports history, events,

or vehicles within the motorsports entertainment complex.

(7) Any prohibitions on the sale of beer and wine between the

hours of 7 a.m. and 12 noon on Sunday or between the hours of 7

a.m. on Sunday and 2 a.m. on Monday adopted by a county, city,

village, or township before the effective date of the amendatory

act that added this subsection shall remain in effect.

Sec. 1113. (1) Except as provided in subsection (2), (3), or

(5) and subject to subsection (6), a licensee enumerated under

section 525 may sell at retail, and a person may buy, spirits or

mixed spirit drink between the hours of 7 a.m. on Sunday and 2 a.m.

on Monday.

(2) Unless the legislative body of a county has prohibited the

sale of spirits and mixed spirit drink for consumption on the

premises between the hours of 7 a.m. and 12 noon on Sunday or

between the hours of 7 a.m. on Sunday and 2 a.m. on Monday, by

resolution approved by a majority of the legislative body voting on

that resolution, ~~the~~ spirits and mixed spirit drink may be sold

after 7 a.m. on Sunday, 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 regarding

the prohibition of the sale of spirits and mixed spirit drink for

consumption on the premises ~~in addition to beer and wine~~ between

the hours of 7 a.m. and 12 noon on Sunday or between the hours of 7

a.m. on Sunday and 2 a.m. on Monday. 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

regarding the prohibition 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~~ forms:

(a) For the sale between the hours of 7 a.m. and 12 noon on

Sunday:

"Shall the sale of spirits and mixed spirit drink for

consumption on the premises be prohibited between the hours of 7

a.m. and 12 noon 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 ........... ".

(b) For the sale between the hours of 7 a.m. on Sunday and 2

a.m. on Monday:

"Shall the sale of spirits and mixed spirit drink for

consumption on the premises be prohibited between the hours of 7

a.m. on Sunday and 2 a.m. on Monday within the county of ..........

under the provisions of the law governing the sale of spirits and

mixed spirit drink for consumption?

Yes ..........

No ........... ".

(3) Unless the legislative body of a county has prohibited the

sale of spirits and mixed spirit drink for consumption off the

premises between the hours of 7 a.m. and 12 noon on Sunday or

between the hours of 7 a.m. on Sunday and 2 a.m. on Monday by

resolution approved by a majority of the legislative body voting on

the resolution, spirits and mixed spirit drink may be sold after 7

a.m., 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 regarding

the prohibition 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 between the hours of 7

a.m. and 12 noon on Sunday or between the hours of 7 a.m. on Sunday

and 2 a.m. on Monday. 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

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

regarding the prohibition 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~~

forms:

(a) For the sale between the hours of 7 a.m. and 12 noon on

Sunday:

"Shall the sale of spirits and mixed spirit drink for

consumption off the premises be prohibited between the hours of 7

a.m. and 12 noon 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 ...........".

(b) For the sale between the hours of 7 a.m. on Sunday and 2

a.m. on Monday:

"Shall the sale of spirits and mixed spirit drink for

consumption off the premises be prohibited between the hours of 7

a.m. on Sunday and 2 a.m. on Monday 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 to the electors 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, the sale of spirits

and mixed spirit drink may be prohibited 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,

between the hours of 7 a.m. and 12 noon on Sunday or between the

hours of 7 a.m. on Sunday and 2 a.m. on Monday. The sale of spirits

and mixed spirit drink 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 11:59 p.m.

on December 24 and 12 noon on December 25. ~~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, between the hours of 7

a.m. and 12 noon on Sunday, or between the hours of 7 a.m. on

Sunday and 2 a.m. on Monday.

(6) The sale of spirits or mixed spirit drink in any county

between the hours of 7 a.m. and 12 noon on Sunday or between the

hours of 7 a.m. on Sunday and 2 a.m. on Monday shall not be

prohibited under the provisions of subsections (1) through (5) as

applied to a motorsports entertainment complex located in more than

1 county if a resolution or referendum under this section results

in the question's failing to pass in 1 county but passing in

another. Under ~~such~~ those circumstances, the commission shall

determine the issue of the sale of spirits and mixed spirit drink

in the motorsports entertainment complex in those counties between

the hours of 7 a.m. and 12 noon on Sunday or between the hours of 7

a.m. on Sunday and 2 a.m. on Monday. As used in this section,

"motorsports entertainment complex" means a closed-course

motorsports facility, and its ancillary grounds and facilities,

that satisfies all of the following:

(a) Has at least 70,000 fixed seats for race patrons.

(b) Has at least 4 scheduled days of motorsports events each

calendar year.

complex during motorsports events each calendar year through

concession outlets, which are staffed by individuals who represent

or are members of 1 or more nonprofit civic or charitable

organizations that directly benefit from the concession outlets'

sales.

(d) Engages in tourism promotion.

(e) Has permanent exhibitions of motorsports history, events,

or vehicles within the motorsports entertainment complex.

(7) Any prohibitions on the sale of alcoholic liquor between

the hours of 7 a.m. and 12 noon on Sunday or between the hours of 7

a.m. on Sunday and 2 a.m. on Monday adopted by a county, city,

village, or township before the effective date of the amendatory

act that added this subsection shall remain in effect.

Sec. 1114. (1) Notwithstanding R 436.1403 and R 436.1503 of

the Michigan administrative code and except as otherwise provided

under this act or rule of the commission, an on-premises and an

off-premises 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 between the hours

of 7 a.m. and 12 noon on ~~Sundays~~ Sunday or between the hours of 7

a.m. on Sunday and 2 a.m. on Monday under section 1111 and does not

prevent any local governmental unit from prohibiting the sale of

spirits and mixed spirit drink between the hours of 7 a.m. and 12

noon on ~~Sundays~~ Sunday or between the hours of 7 a.m. on Sunday and

2 a.m. on Monday under section 1113. A licensee selling alcoholic

liquor between 7 a.m. and 12 noon on Sunday shall obtain a permit

and pay to the commission an annual fee of $160.00.

(3) A reference to the time of day under this act or a rule of

the commission includes daylight savings time, when observed.