February 15, 2012, Introduced by Reps. Tlaib, Constan, Santana, Jackson, Switalski, Brown, Barnett, Talabi, Durhal, Irwin, Ananich, Townsend, Cavanagh, Dillon, Nathan, Haugh, Olumba, Stanley, Lipton, Lindberg, Hobbs, Geiss, Hovey-Wright, Bauer, Howze and Rutledge 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 901 (MCL 436.1901), as amended by 2010 PA 175.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
901. (1) A person , directly or indirectly, himself or
herself
or by his or her that person's clerk, agent, or employee
,
shall not directly or indirectly manufacture, manufacture for sale,
sell, offer or keep for sale, barter, furnish, import, import for
sale, transport for hire, transport, or possess any alcoholic
liquor unless the person complies with this act.
(2) A licensee shall not allow unlawful gambling or any gaming
devices
prohibited by law on the licensed
premises. and shall not
allow
on the licensed premises any gaming devices prohibited by
law.
(3) A licensee shall not sell, offer or keep for sale,
furnish, possess, or allow a customer to consume alcoholic liquor
that is not authorized by the license issued to the licensee by the
commission.
(4) A person, whether or not a licensee, shall not sell,
deliver, or import spirits unless the sale, delivery, or
importation is made by the commission, the commission's authorized
agent or distributor, an authorized distribution agent certified by
order of the commission, a person licensed by the commission, or by
prior written order of the commission. A person who violates this
subsection is subject to the sanctions and penalties contained in
section 909(4) and, in the case of a violation of section
909(4)(a), is subject to forfeiture of proceeds or an
instrumentality as provided for in chapter XXVA of the Michigan
penal code, 1931 PA 328, MCL 750.159f to 750.159x.
(5) A licensee shall not sell or furnish alcoholic liquor to a
person who maintains, operates, or leases premises that are not
licensed by the commission and upon which other persons unlawfully
engage in the sale or consumption of alcoholic liquor for
consideration as prohibited by section 913.
(6) A retail licensee shall not, on his or her licensed
premises, sell, offer for sale, accept, furnish, possess, or allow
the consumption of alcoholic liquor that has not been purchased by
the retail licensee from the commission, the commission's
authorized agent or distributor, an authorized distribution agent
certified by order of the commission, or a licensee of the
commission authorized to sell that alcoholic liquor to a retail
licensee. This subsection does not apply to the consumption of
alcoholic liquor in the bedrooms or suites of registered guests of
licensed hotels or in the bedrooms or suites of bona fide members
of licensed clubs.
(7) A licensee or that licensee's clerk, agent, or employee
shall not directly or indirectly engage in an act on the licensed
premises that would violate a state, federal, or local statute or
regulation that governs any of the following:
(a) Minimum wage.
(b) Overtime compensation.
(c) Discrimination.
(d) Occupational safety.
(e) Sanitation and health requirements.
(f) Retaliation under any of the laws listed in subdivisions
(a) to (e).