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).