Bill Text: MI HB4055 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Liquor; hours; Sunday sale of alcohol at certain motorsports entertainment complexes; revise hours. Amends sec. 518 of 1998 PA 58 (MCL 436.1518).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-01-27 - Printed Bill Filed 01/23/2009 [HB4055 Detail]

Download: Michigan-2009-HB4055-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4055

 

January 22, 2009, Introduced by Rep. Simpson 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 518 (MCL 436.1518), as amended by 2005 PA 166.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 518. (1) As used in this section:

 

     (a) "Motorsports entertainment complex" means a closed-course

 

motorsports facility and its ancillary grounds that comply with all

 

of the following:

 

     (i) Has at least 1,500 fixed seats for race patrons.

 

     (ii) Has at least 7 scheduled days of motorsports events each

 

calendar year.

 

     (iii) Serves food and beverages at the facility during

 

sanctioned motorsports events each calendar year through concession

 

outlets, which may be staffed by individuals who represent or are

 

members of 1 or more nonprofit civic or charitable organizations

 

that directly financially benefit from the concession outlets'

 

sales.

 

     (iv) Engages in tourism promotion.

 

     (b) "Motorsports event" means a motorsports race and its

 

ancillary activities that have been sanctioned by a sanctioning

 

body.

 

     (c) "Owner" means a person who owns and operates a motorsports

 

entertainment complex.

 

     (d) "Sanctioning body" means the American motorcycle

 

association (AMA); auto racing club of America (ARCA); championship

 

auto racing teams (CART); grand American road racing association

 

(GRAND AM); Indy racing league (IRL); national association for

 

stock car auto racing (NASCAR); nation hot rod association (NHRA);

 

professional sportscar racing (PSR); sports car club of America

 

(SCCA); United States auto club (USAC); Michigan state promoters

 

association; or any successor organization or any other nationally

 

or internationally recognized governing body of motorsports that

 

establishes an annual schedule of motorsports events and grants

 

rights to conduct the events, that has established and administers

 

rules and regulations governing all participants involved in the

 

events and all persons conducting the events, and that requires

 

certain liability assurances, including insurance.

 

     (2) Notwithstanding the quota provisions of section 531, the

 

commission may issue motorsports event licenses for the sale of

 

beer and wine for consumption on the premises to the owner of a

 

motorsports entertainment complex for use during sanctioned

 

motorsports events only.

 

     (3) Notwithstanding section 1114 and R 436.1403 of the

 

Michigan administrative code, a licensee under this section may

 

serve, or allow the consumption of, alcoholic liquor on the

 

licensed premises on any Sunday during which a motorsports event is

 

scheduled and takes place.

 

     (4) (3) For a period of time not to exceed 7 consecutive days

 

during which public access is permitted to a motorsports

 

entertainment complex in connection with a motorsports event,

 

members of the general public at least 21 years or older may bring

 

beer and wine not purchased at the licensed motorsports

 

entertainment complex into the motorsports entertainment complex

 

and possess and consume that beer and wine. Possession and

 

consumption of beer and wine under this section are allowed only in

 

portions of the motorsports entertainment complex open to the

 

general public that are also part of the licensed premises of a

 

retail licensee under both of the following circumstances:

 

     (a) The licensed premises are located within the motorsports

 

entertainment complex.

 

     (b) The retail licensee holds a license for consumption on the

 

licensed premises of the motorsports entertainment complex.

 

     (5) (4) A person holding a license for the sale of alcoholic

 

liquor for consumption on the premises at a motorsports

 

entertainment complex is subject to the civil liability provisions

 

of section 801 if the civil action is brought by or on behalf of an

 

individual who suffers damage or is personally injured by a minor

 

or visibly intoxicated person by reason of the unlawful consumption

 

of alcoholic liquor on the licensed premises by that minor or

 

visibly intoxicated person if the unlawful consumption is proven to

 

be a proximate cause of the damage, injury, or death of the

 

individual, whether the alcoholic liquor was sold or furnished by

 

the licensee or was brought onto the licensed premises under

 

subsection (3) (4).