HOUSE BILL No. 4988

 

June 22, 2005, Introduced by Reps. Walker, Elsenheimer, Pastor, Kolb, Palmer, Vander Veen, Nitz, Proos, Drolet, Huizenga and Palsrok 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 909 (MCL 436.1909).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 909. (1) Except as otherwise provided in this act, a

 

person, other than a person required to be licensed under this act,

 

who violates this act is guilty of a misdemeanor.

 

     (2) Except as otherwise provided in this act, a licensee who

 

violates this act, or a rule or regulation promulgated under this

 

act, is guilty of a misdemeanor punishable by imprisonment for not

 

more than 6 months or a fine of not more than $500.00, or both.

 

     (3) A person who performs any act for which a license is

 

required under this act without first obtaining that license or who

 


sells alcoholic liquor in a county that has prohibited the sale of

 

alcoholic liquor under section 1107 is guilty of a felony

 

punishable by imprisonment for not more than 1 year or by a fine of

 

not more than $1,000.00, or both.

 

     (4) A direct shipper that fails to comply with the age

 

verification or labeling requirements, or both, imposed under

 

section 203(4) 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.

 

     (5)  (4)  It is the intent of the legislature that the court,

 

in imposing punishment under this section, should discriminate

 

between casual or slight violations and habitual sales of alcoholic

 

liquor or attempts to commercialize violations of this act or the

 

rules or regulations promulgated under this act.

 

     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. 4987(request no.

 

01498'05 **).

 

     (b) Senate Bill No.____ or House Bill No. 4990(request no.

 

03814'05).

 

     (c) Senate Bill No.____ or House Bill No. 4989(request no.

 

03815'05).