March 15, 2011, Introduced by Reps. Pscholka, Cotter, Haveman, Nesbitt, MacGregor, Ananich, Dillon, Wayne Schmidt, Johnson, Shirkey, Jenkins, Hughes, Stapleton, Daley, Santana, O'Brien, Bumstead, Farrington, Lyons, Pettalia, Horn, LaFontaine, Ouimet, MacMaster, Huuki, Damrow, Rendon, Shaughnessy, Hooker, Scott, Potvin, Yonker, Price and Hovey-Wright 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 525 (MCL 436.1525), as amended by 2010 PA 279.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
525. (1) Except as otherwise provided for in this
section, the following license fees shall be paid at the time of
filing applications or as otherwise provided in this act and are
subject to allocation under section 543:
(a)
Manufacturers of spirits, but not including makers,
blenders, and rectifiers of wines containing 21% or less alcohol by
volume, $1,000.00.
(b) Manufacturers of beer, $50.00 per 1,000 barrels, or
fraction of a barrel, production annually with a maximum fee of
$1,000.00, and in addition $50.00 for each motor vehicle used in
delivery to retail licensees. A fee increase does not apply to a
manufacturer of less than 15,000 barrels production per year.
(c) Outstate seller of beer, delivering or selling beer in
this state, $1,000.00.
(d) Wine makers, blenders, and rectifiers of wine, including
makers, blenders, and rectifiers of wines containing 21% or less
alcohol by volume, $100.00. The small wine maker license fee is
$25.00.
(e) Outstate seller of wine, delivering or selling wine in
this state, $300.00.
(f) Outstate seller of mixed spirit drink, delivering or
selling mixed spirit drink in this state, $300.00.
(g) Dining cars or other railroad or Pullman cars selling
alcoholic liquor, $100.00 per train.
(h) Wholesale vendors other than manufacturers of beer,
$300.00 for the first motor vehicle used in delivery to retail
licensees and $50.00 for each additional motor vehicle used in
delivery to retail licensees.
(i) Watercraft, licensed to carry passengers, selling
alcoholic liquor, a minimum fee of $100.00 and a maximum fee of
$500.00 per year computed on the basis of $1.00 per person per
passenger capacity.
(j) Specially designated merchants, for selling beer or wine
for consumption off the premises only but not at wholesale, $100.00
for
each location regardless of the fact that whether the location
may
be a is part of a system or chain of merchandising.
(k) Specially designated distributors licensed by the
commission to distribute spirits and mixed spirit drink in the
original package for the commission for consumption off the
premises, $150.00 per year, and an additional fee of $3.00 for each
$1,000.00 or major fraction of that amount in excess of $25,000.00
of the total retail value of merchandise purchased under each
license from the commission during the previous calendar year.
(l) Hotels of class A selling beer and wine, a minimum fee of
$250.00
and , for all bedrooms in excess of 20, $1.00 for each
additional
bedroom in excess of 20, but not more than $500.00
total.
(m) Hotels of class B selling beer, wine, mixed spirit drink,
and
spirits, a minimum fee of $600.00 and
, for all bedrooms in
excess
of 20, $3.00 for each additional
bedroom in excess of 20. If
a hotel of class B sells beer, wine, mixed spirit drink, and
spirits
in more than 1 public bar, the fee entitles the hotel to
sell
in only 1 public bar, other than a bedroom, and a license
shall
be secured a fee of $350.00 shall
be paid for each additional
public
bar, other than a bedroom. , the fee for which is $350.00.
(n) Taverns, selling beer and wine, $250.00.
(o) Class C license selling beer, wine, mixed spirit drink,
and spirits, $600.00. Subject to section 518(2), if a class C
licensee sells beer, wine, mixed spirit drink, and spirits in more
than 1 bar, a fee of $350.00 shall be paid for each additional bar.
In municipally owned or supported facilities in which nonprofit
organizations operate concession stands, a fee of $100.00 shall be
paid for each additional bar.
(p) Clubs selling beer, wine, mixed spirit drink, and spirits,
$300.00
for clubs having 150 or fewer duly accredited members and
$1.00
for each additional member
in excess of 150. The membership
list
for the purpose only of determining the license fees to be
paid
under this subdivision shall be the accredited Clubs shall
submit
a list of accredited members as determined by a sworn
affidavit 30 days before the closing of the license year which
shall be used only for determining the license fees to be paid
under this subdivision. This subdivision does not prevent the
commission from checking a membership list and making its own
determination from the list or otherwise. The list of members and
additional members is not required of a club paying the maximum
fee. The maximum fee shall not exceed $750.00 for any 1 club.
(q) Warehousers, to be fixed by the commission with a minimum
fee for each warehouse of $50.00.
(r) Special licenses, a fee of $50.00 per day, except that the
fee for that license or permit issued to any bona fide nonprofit
association, duly organized and in continuous existence for 1 year
before the filing of its application, is $25.00. Not more than 12
special licenses may be granted to any organization, including an
auxiliary of the organization, in a calendar year.
(s) Airlines licensed to carry passengers in this state that
sell, offer for sale, provide, or transport alcoholic liquor,
$600.00.
(t) Brandy manufacturer, $100.00.
(u) Mixed spirit drink manufacturer, $100.00.
(v) Brewpub, $100.00.
(w) Class G-1, $1,000.00.
(x) Class G-2, $500.00.
(y) Motorsports event license, the amount as described and
determined under section 518(2).
(z) Small distiller, $100.00.
(aa) Wine auction license, $50,000.00.
(bb) Nonpublic continuing care retirement center license,
$600.00.
(2) The fees provided in this act for the various types of
licenses shall not be prorated for a portion of the effective
period of the license. Notwithstanding subsection (1), the initial
license fee for any licenses issued under section 531(3) or (4) is
$20,000.00. The renewal license fee shall be the amount described
in subsection (1). However, the commission shall not impose the
$20,000.00 initial license fee for applicants whose license
eligibility was already approved on July 20, 2005.
(3)
Beginning July 23, 2004, and except in the case of any
resort
or resort economic development license issued under section
531(2),
(3), (4), or (5) or a license issued under section 521, the
The commission shall issue an initial or renewal license not later
than
90 60 days after the applicant files a completed
application.
Receipt
of the The application is considered to be received the
date
the application is received by any agency or department of the
state
of Michigan this state. If the commission
determines that an
application
is considered incomplete, by the commission, the
commission shall notify the applicant in writing, or make the
information
electronically available, within 30 7 days after
receipt of the incomplete application, describing the deficiency
and requesting the additional information. If the commission does
not notify an applicant whether an application is complete within 7
days after receipt of the application, the commission shall
consider that application complete. The determination of the
completeness
of an application does not operate as is not an
approval of the application for the license and does not confer
eligibility upon an applicant determined otherwise ineligible for
issuance
of a license. The 90-day 60-day
period is tolled for the
following periods under any of the following circumstances:
(a)
Notice If notice is sent by the commission of a deficiency
in the application, until the date all of the requested information
is received by the commission.
(b)
The For the time period during which required to complete
actions
required by a party person,
other than the applicant or the
commission, are
completed that include
including, but are not
limited to, completion of construction or renovation of the
licensed premises; mandated inspections by the commission or by any
state, local, or federal agency; approval by the legislative body
of a local unit of government; criminal history or criminal record
checks; financial or court record checks; or other actions mandated
by this act or rule or as otherwise mandated by law or local
ordinance.
(4) If the commission fails to issue or deny a license within
the 60-day time period required by this section, the commission
shall
return the license fee and shall reduce the license fee for
the
applicant's next renewal application, if any, by 15% grant a
60-day probationary license to the applicant. If the commission
does not make a decision regarding the denial or issuance of the
license after the expiration of both the 60-day period and 60-day
probationary license period described in this subsection, the
commission shall issue the requested license. The failure to issue
a license within the time required under this section does not
allow the commission to otherwise delay the processing of the
application, and that application, upon completion, shall be placed
in sequence with other completed applications received at that same
time. At any time during the 60-day probationary license period,
the commission may deny an application for licensure if it
determines that the applicant is not qualified. The commission
shall not discriminate against an applicant in the processing of
the
application based upon the fact that the license fee was
refunded
or discounted a probationary
license was issued under this
subsection.
(5)
Beginning October 1, 2005, the The
chair of the commission
shall submit a report by December 1 of each year to the standing
committees and appropriations subcommittees of the senate and house
of representatives concerned with liquor license issues. The chair
of the commission shall include all of the following information in
the report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
commission
received and completed within the 90-day 60-day time
period described in subsection (3).
(b) The number of applications denied.
(c) The number of applicants not issued a license within the
90-day
60-day time period. and the amount of money returned to
licensees
under subsection (4).
(6)
As used in this section: , "completed
(a) "Completed application" means an application complete on
its face and submitted with any applicable licensing fees as well
as any other information, records, approval, security, or similar
item required by law or rule from a local unit of government, a
federal agency, or a private entity but not from another department
or
agency of the state of Michigan this
state.
(b) "Probationary license" means a license of the type
requested by an applicant that is issued as a result of a delay in
the commission's decision to grant or deny a license application in
a timely manner.