March 17, 2016, Introduced by Senator JONES 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 707 and 901 (MCL 436.1707 and 436.1901),
section 707 as amended by 2008 PA 11 and section 901 as amended by
2010 PA 175, and by adding sections 708 and 910.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 707. (1) A vendor shall not sell, serve, or furnish any
alcoholic
liquor to any person an
individual in an intoxicated
condition.
(2)
A licensee shall not knowingly allow a person an
individual who is in an intoxicated condition to consume alcoholic
liquor on the licensed premises.
(3) A licensee, or the clerk, servant, agent, or employee of a
licensee, shall not be in an intoxicated condition on the licensed
premises.
(4)
A licensee shall not knowingly allow an intoxicated person
individual to frequent or loiter on the licensed premises except
where
the intoxicated person individual
has been refused service of
further alcoholic liquor and continues to remain on the premises
for the purpose of eating food, seeking medical attention,
arranging transportation that does not involve driving himself or
herself,
or any other circumstances where requiring the person
individual to vacate the premises immediately would be considered
dangerous
to that person the
individual or to the public.
(5) A licensee shall not knowingly allow a minor to consume
alcoholic liquor or to possess alcoholic liquor for personal
consumption on the licensed premises.
(6)
A licensee shall not allow any person an individual less
than 18 years of age to sell or serve alcoholic liquor.
(7)
A licensee shall not knowingly allow any person an
individual less than 18 years of age to work or entertain on a paid
or
voluntary basis on the licensed premises unless the person
individual is employed in compliance with the youth employment
standards act, 1978 PA 90, MCL 409.101 to 409.124. This subsection
does not apply to an entertainer under the direct supervision and
control of his or her parent or legal guardian.
Sec. 708. (1) An on-premises licensee shall not knowingly
allow an individual who is engaged in the serving of food or
alcoholic liquor to eat, drink, or mingle with the customers.
(2) An on-premises licensee, or the clerk, servant, agent, or
employee of an on-premises licensee, shall not solicit a customer
for the purchase of alcoholic liquor for the on-premises licensee,
clerk, servant, agent, or employee or for any other person.
(3) An on-premises licensee, or the clerk, servant, agent, or
employee of an on-premises licensee, shall not knowingly allow a
customer to solicit alcoholic liquor for the on-premises licensee,
clerk, servant, agent, or employee or for any other person.
Sec. 901. (1) A person, directly or indirectly, himself or
herself or by his or her clerk, agent, or employee, shall not
manufacture, manufacture for sale, sell, offer or keep for sale,
barter, furnish, import, import for sale, transport for hire,
transport, or possess any alcoholic liquor unless the person
complies with this act.
(2) A licensee shall not knowingly allow unlawful gambling on
the licensed premises and shall not knowingly allow on the licensed
premises
any a gaming devices device prohibited by law.
(3) A licensee shall not sell, offer or keep for sale,
furnish, possess, or knowingly allow a customer to consume
alcoholic liquor that is not authorized by the license issued to
the licensee by the commission.
(4)
A person , whether or not a licensee, shall not sell,
deliver, or import spirits unless the sale, delivery, or
importation is made by the commission, the commission's authorized
agent or distributor, an authorized distribution agent certified by
order of the commission, a person licensed by the commission, or by
prior
written order of the commission. A person who that violates
this
subsection is subject to the sanctions and penalties contained
provided
in section 909(4) and, in the case
of for a violation of
section 909(4)(a), is subject to forfeiture of proceeds or an
instrumentality as provided for in chapter XXVA of the Michigan
penal code, 1931 PA 328, MCL 750.159f to 750.159x.
(5) A licensee shall not knowingly sell or furnish alcoholic
liquor
to a person who that maintains, operates, or leases premises
that
are not licensed by the commission and upon on which
other
persons unlawfully engage in the sale or consumption of alcoholic
liquor for consideration as prohibited by section 913.
(6) A retail licensee shall not, on his or her licensed
premises, sell, offer for sale, accept, furnish, possess, or
knowingly allow the consumption of alcoholic liquor that has not
been purchased by the retail licensee from the commission, the
commission's authorized agent or distributor, an authorized
distribution agent certified by order of the commission, or a
licensee of the commission authorized to sell that alcoholic liquor
to a retail licensee. This subsection does not apply to the
consumption of alcoholic liquor in the bedrooms or suites of
registered guests of licensed hotels or in the bedrooms or suites
of bona fide members of licensed clubs.
Sec. 910. (1) A clerk, servant, agent, or employee of a
licensee shall not engage in an illegal occupation or illegal act
on the licensed premises. A certified copy of a conviction is prima
facie evidence of a violation.
(2) A licensee, an officer of a licensed corporation, a
stockholder of a privately held corporation, or a member or manager
of a limited liability company shall not, on or off its licensed
premises, commit any of the following:
(a) A felony.
(b) A crime involving the excessive use of alcoholic liquor.
(c) A crime involving gambling, prostitution, weapons,
violence, tax evasion, fraudulent activity, or controlled
substances.
(d) A misdemeanor that impairs, or may impair, the ability of
the person to operate the licensed business in a safe and competent
manner.
(e) Any of the offenses specified in this subsection that
result in sentencing after a plea of nolo contendere and for which
the licensee is subject to the penalties in section 903. A
certified copy of a conviction is prima facie evidence of a
violation.
(3) Subsections (1) and (2) apply to the person, the officer
of a corporate entity, the stockholder of a privately held
corporate entity, or the member or manager of a limited liability
entity of the person named as a participant on the licensee's
participation permit.
(4) A licensee, or a clerk, servant, agent, or employee of the
licensee, shall not knowingly hinder or obstruct a law enforcement
officer or commission inspector or investigator in the course of
making an investigation or inspection of the premises and shall not
refuse, fail, or neglect to cooperate with a law enforcement
officer or a commission inspector or investigator in the
performance of his or her duties to enforce this act or commission
rules.
(5) A licensee, or a clerk, servant, agent, or employee of the
licensee, shall not impersonate a commission employee, a commission
investigator, or a law enforcement officer empowered to enforce
this act or commission rules.
(6) A licensee, or a clerk, servant, agent, or employee of the
licensee, shall not do any of the following:
(a) Knowingly allow, on the licensed premises, the annoying or
molesting of customers or employees by other customers or
employees.
(b) Knowingly allow the licensed premises to be used by a
person for the purposes of accosting or soliciting another person
to commit prostitution.
(c) Knowingly allow, on the premises, fights, brawls, or the
improper use of firearms, knives, or other weapons.
(d) Knowingly allow the sale, possession, or consumption on
the licensed premises of a controlled substance that is prohibited
by the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(e) Knowingly allow narcotics paraphernalia to be used,
stored, exchanged, or sold on the licensed premises.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.