February 1, 2018, Introduced by Senator HILDENBRAND 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 519 (MCL 436.1519).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 519. (1) Except as otherwise provided in this act, the
commission shall not issue a license to sell alcoholic liquor,
either on or off the premises, if the property or establishment to
be covered by the license is situated in or on state owned land.
(2)
Subsection (1) does not apply to a special license which
that has been approved by the governing authority of that state
owned land.
(3) Subsection (1) does not apply to any of the following:
land:
(a) The Michigan state fairgrounds.
(b) The Upper Peninsula state fairgrounds.
(c) Armories, air bases, and naval installations owned or
leased
by the this state or provided by the federal government by
either lease, license, or use permit and used by outside parties of
a nonmilitary or nonstate governmental nature.
(d)
Land which that was under lease to a person licensed in
the calendar year 1954 and on which a licensed establishment is
presently located.
(e)
Land located in the Upper Peninsula which that was owned
or leased by the federal government, used as a military
installation, and transferred to this state before December 31,
2000
pursuant to under 1978 PA 151, MCL 3.551 to 3.561, or 1993 PA
159, MCL 3.571 to 3.580. The commission may issue 2 additional
licenses
pursuant to under this subdivision for establishments
located
on this state land without regard to or without the an
effect
upon on the quota provisions of section 531 in the local
governmental unit in which the license will be issued subject to
the
recommendation of the authority established pursuant to under
those
acts. 1978 PA 151, MCL 3.551
to 3.561, or 1993 PA 159, MCL
3.571
to 3.580. A person issued a license pursuant
to under this
subdivision may renew the license and transfer ownership of the
license,
without regard to or without the an effect upon on the
quota provisions of section 531, if title to the property covered
by
the license is transferred from the this state to another person
or to another governmental unit. The commission shall not transfer
a license issued under this subdivision to another location. Before
the issuance of a license, and annually thereafter before the
issuance of a license for a new licensing period, the applicant for
a license shall submit to the commission a certificate from the
department or agency charged with control of the land setting forth
that the issuance of a license is not incompatible with the objects
and purposes entrusted to that department or agency under the law
establishing control of the land in the department or agency. This
subsection
does not prohibit the issuance of a license pursuant to
under section 513.
(f) Property owned by the Michigan state waterways commission
and
leased to persons under part 791 (harbor development) of the
natural resources and environmental protection act, 1994 PA 451,
MCL
324.79101 to 324.79118. A The
commission may issue a license
may
be issued under this subdivision to
a lessee without regard to
the
quota provisions of section 531. , but the However, the
commission
shall not issue a license shall not
be issued under this
subdivision without the written approval of the Michigan state
waterways commission or its designee. A license issued under this
subdivision
shall is not be transferable as to ownership or
location, and, if the licensee goes out of business, the license
shall
must be surrendered to the commission.
(g) Property owned by the state treasurer of this state when
acting in the capacity of custodian of the assets of the state
retirement systems created by the public school employees
retirement
act of 1979, 1979 1980 PA 300, MCL 38.1301 to 38.1437;
the state employees' retirement act, 1943 PA 240, MCL 38.1 to
38.69; the state police retirement act of 1986, 1986 PA 182, MCL
38.1601 to 38.1648; and the judges retirement act of 1992, 1992 PA
234, MCL 38.2101 to 38.2670.
(h) A building to which all of the following apply:
(i) The building is owned by this state.
(ii) The land on which the building is located is owned by
this state.
(iii) The building is more than 1,000,000 square feet.
(iv) Space within the building is leased to a private entity
to which both of the following apply:
(A) In the building, the private entity provides services to
the general public.
(B) The private entity holds a license to sell alcoholic
liquor as provided by this act.