Bill Text: MI SB0859 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Liquor; licenses; violation of certain provisions of the liquor code by a licensee; modify intent requirement. Amends secs. 707 & 901 of 1998 PA 58 (MCL 436.1707 & 436.1901 ) & adds secs. 708 & 910.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-17 - Referred To Committee On Regulatory Reform [SB0859 Detail]

Download: Michigan-2015-SB0859-Introduced.html

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SENATE BILL No. 859

 

 

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.