January 30, 2007, Introduced by Reps. Caul, Hansen, Booher, Palsrok and Moore 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 541 (MCL 436.1541), as amended by 2006 PA 253.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 541. (1) The commission shall not prohibit an applicant
for or the holder of a specially designated distributor license or
specially designated merchant license from owning or operating
motor vehicle fuel pumps on or adjacent to the licensed premises,
if both of the following conditions are met:
(a) One or both of the following conditions exist:
(i) The applicant or licensee is located in a neighborhood
shopping center composed of 1 or more commercial establishments
organized or operated as a unit which is related in location, size,
and type of shop to the trade area that the unit serves, which
provides not less than 50,000 square feet of gross leasable retail
space, and which provides 5 private off-street parking spaces for
each 1,000 square feet of gross leasable retail space.
(ii) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $250,000.00, at cost, of those goods and services
customarily marketed by approved types of businesses.
(b) The site of payment and selection of alcoholic liquor is
not less than 50 feet from that point where motor vehicle fuel is
dispensed.
(2) The commission shall not prohibit an applicant for or the
holder of a specially designated distributor license or specially
designated merchant license from owning or operating motor vehicle
fuel pumps on or adjacent to the licensed premises, if all of the
following conditions are met:
(a) The applicant is located in a township with a population
of 7,000 or less, which township is not contiguous with any other
township. For purposes of this subdivision, a township is not
considered contiguous by water.
(b) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $12,500.00 at cost, of those goods and services
customarily marketed by approved types of businesses.
(c) The applicant has the approval of the township, as
evidenced by a resolution duly adopted by the township and
submitted with the application to the commission.
(3) The commission shall not prohibit an applicant for or the
holder of a specially designated merchant license from owning or
operating motor vehicle fuel pumps on or adjacent to the licensed
premises if both of the following conditions are met:
(a) The applicant or licensee is located in either of the
following:
(i) A city, incorporated village, or township with a population
of 3,500 or less and a county with a population of 31,000 or more.
(ii) A city, incorporated village, or township with a
population of 4,000 or less and a county with a population of less
than 31,000.
(b) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $10,000.00, at cost, of those goods and services
customarily marketed by approved types of businesses.
(4) The commission shall not prohibit an applicant for or the
holder of a specially designated distributor license from owning or
operating motor vehicle fuel pumps on or adjacent to the licensed
premises if both of the following conditions are met:
(a) The applicant or licensee is located in either of the
following:
(i) A city, incorporated village, or township with a population
of
3,000 3,500 or less and a county with a population of 31,000 or
more.
(ii) A city, incorporated village, or township with a
population
of 3,500 4,000 or less and a county with a population of
less than 31,000.
(b) The applicant or licensee maintains a minimum inventory on
the premises, excluding alcoholic liquor and motor vehicle fuel, of
not less than $12,500.00, at cost, of those goods and services
customarily marketed by approved types of businesses.
(5) A person who was issued a specially designated merchant
license or specially designated distributor license at a location
at which another person owned, operated or maintained motor vehicle
fuel pumps at the same location may have or acquire an interest in
the ownership, operation or maintenance of those motor vehicle fuel
pumps.
(6) The commission may transfer ownership of a specially
designated merchant license or specially designated distributor
license to a person who owns or is acquiring an interest in motor
vehicle fuel pumps already in operation at the same location at
which the license is issued.