January 27, 2015, Introduced by Rep. Dianda 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 541 (MCL 436.1541), as amended by 2008 PA 489.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 541. (1) The commission shall not prohibit an applicant
for or the holder of a specially designated distributor license or
specially designated merchant license from owning or operating
motor vehicle fuel pumps on or adjacent to the licensed premises,
if both of the following conditions are met:
(a) One or both of the following conditions exist:
(i) The applicant or licensee is located in a neighborhood
shopping center composed of 1 or more commercial establishments
organized
or operated as a unit which that
is related in location,
size, and type of shop to the trade area that the unit serves,
which
that provides not less than 50,000 square feet of gross
leasable
retail space, and which that
provides 5 private off-street
parking spaces for each 1,000 square feet of gross leasable retail
space.
(ii) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $250,000.00, at cost, of those goods and services
customarily marketed by approved types of businesses.
(b) The site of payment and selection of alcoholic liquor is
not less than 50 feet from that point where motor vehicle fuel is
dispensed.
(2) The commission shall not prohibit an applicant for or the
holder of a specially designated distributor license or specially
designated merchant license from owning or operating motor vehicle
fuel pumps on or adjacent to the licensed premises, if all of the
following conditions are met:
(a) The applicant is located in a township with a population
of
7,000 or less , which township that is not contiguous with
any
other township. For purposes of this subdivision, a township is not
considered contiguous by water.
(b) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $12,500.00 at cost, of those goods and services
customarily marketed by approved types of businesses.
(c) The applicant has the approval of the township, as
evidenced by a resolution duly adopted by the township and
submitted with the application to the commission.
(3) The commission shall not prohibit an applicant for or the
holder of a specially designated merchant license from owning or
operating motor vehicle fuel pumps on or adjacent to the licensed
premises
if both either of the
following apply:
(a) Both of the following conditions are met:
(i) (a)
The applicant or licensee is
located in either of the
following:
(A) (i) A
city, incorporated village, or township with a
population of 3,500 or less and a county with a population of
31,000 or more.
(B) (ii) A
city, incorporated village, or township with a
population of 4,000 or less and a county with a population of less
than 31,000.
(ii) (b)
The applicant or licensee maintains
a minimum
inventory on the premises, excluding alcoholic liquor and motor
vehicle fuel, of not less than $10,000.00, at cost, of those goods
and services customarily marketed by approved types of businesses.
(b) The applicant or licensee is located in a township with a
population density of less than 4 people per square mile and county
with a population density of less than 11 people per square mile.
(4) The commission shall not prohibit an applicant for or the
holder of a specially designated distributor license from owning or
operating motor vehicle fuel pumps on or adjacent to the licensed
premises if both of the following conditions are met:
(a) The applicant or licensee is located in either of the
following:
(i) A city, incorporated village, or township with a population
of 3,500 or less and a county with a population of 31,000 or more.
(ii) A city, incorporated village, or township with a
population of 4,000 or less and a county with a population of less
than 31,000.
(b) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $12,500.00, at cost, of those goods and services
customarily marketed by approved types of businesses.
(5)
A person who that was issued a specially designated
merchant license or specially designated distributor license at a
location at which another person owned, operated or maintained
motor vehicle fuel pumps at the same location may have or acquire
an interest in the ownership, operation or maintenance of those
motor vehicle fuel pumps.
(6) The commission may transfer ownership of a specially
designated merchant license or specially designated distributor
license
to a person who that owns or is acquiring an interest in
motor vehicle fuel pumps already in operation at the same location
at which the license is issued.