September 12, 2006, Introduced by Reps. Drolet and Ward and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending sections 1113 and 1114 (MCL 436.2113 and 436.2114),
section 1113 as amended and section 1114 as added by 2004 PA 134.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1113. (1) Except as provided in subsection (2), (3), or
(5), a licensee enumerated under section 525 or any other person
shall not sell at retail, give away, or furnish, and a person shall
not knowingly and willfully buy, spirits or mixed spirit drink
between the hours of 2 a.m. and 12 midnight on Sunday. If January 1
falls on Sunday, the hours may be extended to 4 a.m.
(2) If the legislative body of a county has authorized the
sale of spirits and mixed spirit drink for consumption on the
premises on Sunday, by resolution approved by a majority of the
legislative body voting on that resolution, the spirits and mixed
spirit drink may be sold after 12 noon, EST, in an establishment
licensed under this act in which the gross receipts derived from
the sale of food and other goods and services exceed 50% of the
total gross receipts. With respect to an action taken by the
legislative body or if the legislative body fails to act, a
petition may be filed with the county clerk requesting the
submission of the question of the sale of spirits and mixed spirit
drink for consumption on the premises in addition to beer and wine
on Sunday. The petition shall be signed by a number of the
registered and qualified electors of the county that is not less
than 8% of the total number of votes cast for all candidates for
the office of secretary of state in the county at the last general
election held for that purpose. The question shall not be submitted
to the electors of a county more than once every 4 years. The
county clerk shall submit the question at the next regular state
election held in the county if the petitions are filed not less
than 60 days before the election. The question of the sale of
spirits and mixed spirit drink for consumption on the premises, in
addition to beer and wine, on Sunday shall be submitted by ballot
in substantially the following form:
"Shall the sale of spirits and mixed spirit drink for
consumption on the premises be permitted on Sunday in an
establishment licensed under the Michigan liquor control code of
1998 in which the gross receipts derived from the sale of food or
other goods and services exceed 50% of the total gross receipts
within the county of .......... under the provisions of the law
governing the sale of spirits and mixed spirit drink for
consumption?
Yes __________
No __________ ".
(3) If the legislative body of a county has authorized the
sale of spirits and mixed spirit drink for consumption off the
premises on Sunday by resolution approved by a majority of the
legislative body voting on the resolution, spirits and mixed spirit
drink
may be sold after 12 noon 7 a.m., EST, in a retail
establishment licensed under this act. With respect to an action
taken by the legislative body or if the legislative body fails to
act, a petition may be filed with the county clerk requesting the
submission of the question of the sale of spirits and mixed spirit
drink for consumption off the premises, in addition to beer and
wine, in a retail establishment licensed under this act on Sunday.
The petition shall be signed by a number of the registered and
qualified electors of the county that is not less than 8% of the
total number of votes cast for all candidates for the office of
secretary of state in the county at the last general election shall
not be held for that purpose. The question submitted to the
electors of a county more than once every 4 years. The county clerk
shall submit the question at the next regular state election held
in the county if the petitions are filed not less than 60 days
before the election. The question of the sale of spirits and mixed
spirit drink for consumption off the premises, in addition to beer
and wine, in a retail establishment licensed under this act on
Sunday shall be submitted by ballot in substantially the following
form:
"Shall the sale of spirits and mixed spirit drink for
consumption off the premises be permitted on Sunday in a retail
establishment licensed under the Michigan liquor control code of
1998 within the county of ______________ under the provisions of
the law governing the sale of spirits and mixed spirit drink for
consumption?
Yes _____________
No _____________".
(4) Votes on a question submitted under this section shall be
taken, counted, and canvassed in the same manner as votes cast in
county elections are taken, counted, and canvassed. A ballot shall
be furnished by the election commission or similar body of the
county. If a majority of the electors voting at an election vote in
favor of the proposal, spirits and mixed spirit drink may be sold
in the county under this act for consumption on the premises or by
a retail establishment for consumption off the premises, in
addition to beer and wine, on Sunday. The sale shall not be
permitted in a city, village, or township in which the sale of
spirits and mixed spirit drink is prohibited under this act. A
violation of this section is a misdemeanor. This section does not
apply to spirits and mixed spirit drink served to a bona fide guest
in the residence of a person or sold or furnished for medicinal
purposes as provided for in this act.
(5) A licensee enumerated under section 525 or any other
person shall not sell at retail, and a person shall not knowingly
and willfully buy, alcoholic liquor between the hours of 9 p.m. on
December 24 and 7 a.m. on December 26. If December 26 falls on
Sunday, the hours of closing shall be determined pursuant to this
act. The legislative body of a city, village, or township, by
resolution or ordinance, may prohibit the sale of alcoholic liquor
on Sunday or a legal holiday, primary election day, general
election day, or municipal election day.
Sec. 1114. (1) Notwithstanding R 436.1403 and R 436.1503 of
the Michigan administrative code and except as otherwise provided
under
this act or 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
and shall not sell, give away, or furnish alcoholic liquor between
the
hours of 2 a.m. and 12 noon, EST, on Sunday. An on-premises
and
an off-premises licensee shall not sell, give away, or furnish
spirits between the hours of 2 a.m. and 12 midnight on Sunday,
unless issued a Sunday sales permit by the commission that allows
the licensee to sell spirits on Sunday between the hours of 12
noon, EST, and 12 midnight.
(2) Notwithstanding R 436.1503 of the Michigan administrative
code and except as otherwise provided under this act or rule of the
commission, an off-premises licensee shall not sell, give away, or
furnish alcoholic liquor between the hours of 2 a.m. and 7 a.m.,
EST, on Sunday unless allowed under section 1113(3). An off-
premises licensee shall not sell, give away, or furnish alcoholic
liquor between the hours of 2 a.m. and 7 a.m., EST, unless issued a
Sunday sales permit by the commission that allows such sales.
(3) (2)
For purposes of R 436.1403 and R 436.1503 of the
Michigan administrative code, 12 noon on Sunday is considered 12
noon on Sunday, EST, for any licensee located in the central time
zone.
(4) (3)
A reference to the time of day under this act or a
rule of the commission includes daylight savings time, when
observed.