March 1, 2005, Introduced by Reps. Stahl, Nofs, Hummel, Shaffer, Gosselin, Accavitti, Taub, Elsenheimer, Van Regenmorter, Spade, Sheen, Lipsey, Robertson, Schuitmaker, Casperson, Moolenaar, Walker, Pearce and Lemmons, III and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding sections 709 and 711.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 709. (1) An individual having a vertical or portrait
operator's or chauffeur's license as described in section 310(17)
of the Michigan vehicle code, 1949 PA 300, MCL 257.310, or a
vertical or portrait state of Michigan identification card
described in section 2 of 1972 PA 222, MCL 28.292, shall not
purchase or attempt to purchase alcoholic liquor at retail.
(2) This section does not prevent an individual having a
vertical or portrait operator's or chauffeur's license as described
in section 310(17) of the Michigan vehicle code, 1949 PA 300, MCL
257.310, or a vertical or portrait state of Michigan identification
card described in section 2 of 1972 PA 222, MCL 28.292, from
consuming alcoholic liquor if not otherwise prohibited by this act,
by law, or by order of a court of competent jurisdiction.
(3) An individual found guilty of violating this section is
guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500.00, or both, and is
subject to section 310 of the Michigan vehicle code, 1949 PA 300,
MCL 257.310.
Sec. 711. (1) As used in this section:
(a) "Disallowed purchaser" means an individual with a vertical
or portrait operator's or chauffeur's license as described in
section 310(17)of the Michigan vehicle code, 1949 PA 300, MCL
257.310, or a vertical or portrait state of Michigan identification
card described in section 2 of 1972 PA 222, MCL 28.292.
(b) "Proper identification" means a valid Michigan operator's
or chauffeur's license, a valid state of Michigan identification
card issued under 1972 PA 272, MCL 28.291 to 28.300, or a valid
identification card or operator's or chauffeur's license issued by
another state or country.
(2) A retail licensee shall not sell alcoholic liquor to an
individual unless the licensee or the licensee's clerk, agent, or
employee requests and is shown proper identification. A suitable
sign describing the content of this section and the penalties for
its violation shall be posted in a conspicuous place in each room
where alcoholic liquor is sold.
(3) A retail licensee shall not knowingly sell alcoholic
liquor to an individual who, after presenting proper
identification, is determined by the licensee or the licensee's
clerk, agent, or employee to be a disallowed purchaser.
(4) This section does not prevent a disallowed purchaser from
consuming alcoholic liquor if not otherwise prohibited by this act,
by law, or by order of a court of competent jurisdiction.
(5) This section does not require a retail licensee or the
licensee's clerk, agent, or employee to prevent a disallowed
purchaser from consuming alcoholic liquor.
(6) In an administrative, civil, or criminal action for the
violation of this section, proof that the licensee or the
licensee's clerk, agent, or employee demanded and was shown proper
identification is a defense to that action.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4417(request no.
00080'05 a).
(b) Senate Bill No.____ or House Bill No. 4418(request no.
00080'05 b).