HOUSE BILL No. 4541

 

March 22, 2005, Introduced by Rep. Byrum 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 added by 2002 PA 725.

 

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  70,000  1,500 fixed seats for race patrons.

 

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

 

calendar year.

 

     (iii) Has at least 4 motorsports events each calendar year.

 


     (iv) Serves food and beverages at the facility during

 

sanctioned motorsports events each calendar year through concession

 

outlets, a majority of which are 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.

 

     (v) Engages in tourism promotion.

 

     (vi) Has located on the property exhibitions of motorsports

 

history, events, or vehicles.

 

     (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) 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

 

alcoholic liquor not purchased at the motorsports entertainment

 

complex into the motorsports entertainment complex and possess and

 

consume that alcoholic liquor. Possession and consumption of

 

alcoholic liquor under this section are allowed in portions of the

 

motorsports entertainment complex open to the general public that

 

are also part of the licensed premises of a retail licensee only

 

under both of the following circumstances:

 

     (a) The  if 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.

 

     (3) 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 (2).