HOUSE BILL No. 5541

 

May 6, 2014, Introduced by Reps. Dianda, Pettalia, Goike, Kelly, Kivela, Singh, Brunner, Smiley, Haugh and Kosowski 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 541 (MCL 436.1541), as amended by 2008 PA 489.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 541. (1) The commission shall not prohibit an applicant

 

for or the holder of a specially designated distributor license or

 

specially designated merchant license from owning or operating

 

motor vehicle fuel pumps on or adjacent to the licensed premises,

 

if both of the following conditions are met:

 

     (a) One or both of the following conditions exist:

 

     (i) The applicant or licensee is located in a neighborhood

 

shopping center composed of 1 or more commercial establishments

 

organized or operated as a unit which that is related in location,

 


size, and type of shop to the trade area that the unit serves,

 

which that provides not less than 50,000 square feet of gross

 

leasable retail space, and which that provides 5 private off-street

 

parking spaces for each 1,000 square feet of gross leasable retail

 

space.

 

     (ii) The applicant or licensee maintains a minimum inventory on

 

the premises, excluding alcoholic liquor and motor vehicle fuel, of

 

not less than $250,000.00, at cost, of those goods and services

 

customarily marketed by approved types of businesses.

 

     (b) The site of payment and selection of alcoholic liquor is

 

not less than 50 feet from that point where motor vehicle fuel is

 

dispensed.

 

     (2) The commission shall not prohibit an applicant for or the

 

holder of a specially designated distributor license or specially

 

designated merchant license from owning or operating motor vehicle

 

fuel pumps on or adjacent to the licensed premises, if all of the

 

following conditions are met:

 

     (a) The applicant is located in a township with a population

 

of 7,000 or less , which township that is not contiguous with any

 

other township. For purposes of this subdivision, a township is not

 

considered contiguous by water.

 

     (b) The applicant or licensee maintains a minimum inventory on

 

the premises, excluding alcoholic liquor and motor vehicle fuel, of

 

not less than $12,500.00 at cost, of those goods and services

 

customarily marketed by approved types of businesses.

 

     (c) The applicant has the approval of the township, as

 

evidenced by a resolution duly adopted by the township and

 


submitted with the application to the commission.

 

     (3) The commission shall not prohibit an applicant for or the

 

holder of a specially designated merchant license from owning or

 

operating motor vehicle fuel pumps on or adjacent to the licensed

 

premises if both of the following conditions under subdivisions (a)

 

and (b) are met or if the condition under subdivision (c) is met:

 

     (a) The applicant or licensee is located in either of the

 

following:

 

     (i) A city, incorporated village, or township with a population

 

of 3,500 or less and a county with a population of 31,000 or more.

 

     (ii) A city, incorporated village, or township with a

 

population of 4,000 or less and a county with a population of less

 

than 31,000.

 

     (b) The applicant or licensee maintains a minimum inventory on

 

the premises, excluding alcoholic liquor and motor vehicle fuel, of

 

not less than $10,000.00, at cost, of those goods and services

 

customarily marketed by approved types of businesses.

 

     (c) The applicant or licensee is located in a township with a

 

population density of less than 4 people per square mile and county

 

with a population density of less than 11 people per square mile.

 

     (4) The commission shall not prohibit an applicant for or the

 

holder of a specially designated distributor license from owning or

 

operating motor vehicle fuel pumps on or adjacent to the licensed

 

premises if both of the following conditions are met:

 

     (a) The applicant or licensee is located in either of the

 

following:

 

     (i) A city, incorporated village, or township with a population

 


of 3,500 or less and a county with a population of 31,000 or more.

 

     (ii) A city, incorporated village, or township with a

 

population of 4,000 or less and a county with a population of less

 

than 31,000.

 

     (b) The applicant or licensee maintains a minimum inventory on

 

the premises, excluding alcoholic liquor and motor vehicle fuel, of

 

not less than $12,500.00, at cost, of those goods and services

 

customarily marketed by approved types of businesses.

 

     (5) A person who was issued a specially designated merchant

 

license or specially designated distributor license at a location

 

at which another person owned, operated or maintained motor vehicle

 

fuel pumps at the same location may have or acquire an interest in

 

the ownership, operation or maintenance of those motor vehicle fuel

 

pumps.

 

     (6) The commission may transfer ownership of a specially

 

designated merchant license or specially designated distributor

 

license to a person who owns or is acquiring an interest in motor

 

vehicle fuel pumps already in operation at the same location at

 

which the license is issued.