Substitute For

HOUSE BILL NO. 4213

A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 1114 (MCL 436.2114), as amended by 2011 PA 27, and by adding section 1116.

The people of the state of michigan enact:

Sec. 1114. (1) Notwithstanding R 436.1403 and R 436.1503 of the Michigan administrative code Administrative Code and except as otherwise provided under this act, or by 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 a local governmental unit from prohibiting 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 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 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 must 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 saving time, when observed.

Sec. 1116. (1) A city, village, or township may approve, by a majority of the city, village, or township's legislative body voting, a resolution to allow the sale of alcoholic liquor for consumption on the premises between the hours of 2 a.m. and 4 a.m.

(2) The commission may issue a late night permit for the sale of alcoholic liquor for consumption on the premises between the hours of 2 a.m. and 4 a.m. to a licensee that holds a license or permit that allows for the sale of alcoholic liquor for consumption on the premises that is located in a city, village, or township that has approved a resolution described in subsection (1).

(3) A licensee described in subsection (2) may apply for a late night permit on a form prescribed by the commission. The initial and annual renewal fee for a late night permit issued under this section is $250.00. A late night permit issued under this section expires on the same date as the license or permit described in subsection (2) and may be renewed in conjunction with that license or permit.