May 20, 2015, Introduced by Senators HANSEN and HILDENBRAND 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 Except as
provided in subsections (2) to
(6),
the commission shall not prohibit allow 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
unless 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
provides and consists of not less than 50,000 square feet of
gross
leasable retail space. , and which provides 5 private off-
street
parking spaces for each 1,000 square feet of gross leasable
retail
space.
(ii) The Subject to subsection (9), 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 5 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 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 $10,000.00, at cost, of those goods and services
customarily marketed by approved types of businesses.
(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.
(7) If a specially designated merchant's licensed premises are
a primary location, the commission may issue a secondary location
permit to the specially designated merchant, as an extension of the
specially designated merchant's license, for the sale of beer,
wine, or both, at the secondary location. The commission shall
issue a secondary location permit only to a specially designated
merchant to which both of the following apply:
(a) The holder of the specially designated merchant license
for the primary location premises or a subsidiary or affiliate of
the license holder owns or leases the secondary location.
(b) The holder of the specially designated merchant license
for the primary location or a subsidiary or affiliate of the
license holder owns or operates motor vehicle fuel pumps at the
secondary location under subsection (1).
(8) An applicant for a secondary location permit shall submit
an application to the commission in a format provided by the
commission and accompanied by an application and initial permit fee
of $100.00. The application must include a diagram of the secondary
location with building dimensions and a depiction of the distance
measurement described in subsection (1)(b). The secondary location
permit expires on the same date as the specially designated
merchant license and may be renewed in conjunction with the
specially designated merchant license. The secondary location
permit holder may renew the secondary location permit by submitting
a permit renewal fee of $100.00 and a completed renewal
application.
(9) After a specially designated merchant is issued a
secondary location permit under subsection (7) and if the specially
designated merchant's licensed premises are a primary location that
does not meet the neighborhood shopping center condition described
in subsection (1)(a)(i), for purposes of determining the minimum
inventory condition described in subsection (1)(a)(ii), the primary
location and the secondary location are considered 1 premises.
(10) After a specially designated merchant is issued a
secondary location permit under subsection (7), if a subsidiary or
affiliate of the specially designated merchant owns or operates the
secondary location and the subsidiary or affiliate shares the same
ultimate controlling party of the specially designated merchant,
the secondary location may receive and sell beer, wine, or both
under the specially designated merchant's license.
(11) The holder of a secondary location permit shall
prominently display the secondary location permit at the secondary
location in the point-of-sale area.
(12) As used in this section:
(a) "Primary location" means licensed premises that meet the
conditions under subsection (1).
(b) "Secondary location" means a business operation of the
holder of a specially designated merchant license for a primary
location, or a subsidiary or affiliate of that license holder, that
takes place on real property, that includes at least 1 building and
1 or more motor vehicle fuel pumps, and that is located on or
adjacent to the primary location. Upon commission approval of the
secondary location permit, the secondary location is considered
licensed premises and an extension of the licensed primary
location.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 344
of the 98th Legislature is enacted into law.