December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 1101 (MCL 436.2101).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1101. (1) Spirits and mixed spirit drink for consumption
on the premises, in addition to beer and wine, may be sold by
restaurants, hotels, and establishments approved by the commission
under this act in the following cities, villages, or townships if
the legislative body of the city, village, or township by
resolution of a majority vote of the members elect, votes in favor
of allowing that sale. A petition may be filed with the city,
village, or township clerk requesting the submission of the
question of sale of spirits and mixed spirit drink for consumption
on the premises, in addition to beer and wine. In the case of a
city or township, the petition shall be signed by a number of the
registered and qualified electors which shall be not less than 35%
of the total number of votes cast for all candidates for the office
of secretary of state in that city or township at the last general
election held for that purpose. In the case of a village, the
petition shall be signed by a number of the registered and
qualified electors that is not less than 35% of the total number of
votes cast for all candidates for the office of president of the
village at the last village election held for that purpose. The
question shall not be submitted to the electors of a city, village,
or
township more often than once in every 2 years. The Before
January 1, 2015, the city, village, or township clerk shall, within
10 days after the petition is filed with the clerk, give notice of
the filing by publication of notice setting forth the essential
facts of the petition in a newspaper published or in general
circulation in the city, village, or township. Beginning January 1,
2015, the city, village, or township clerk shall, within 10 days
after the petition is filed with the clerk, provide tier B public
notice of the filing as set forth in the local government public
notice act. The city, village, or township clerk shall submit the
question at the next regular state election held in the city,
village, or township if the petitions are filed at least 60 days
before the election. Class C licensees in a newly incorporated city
or village shall continue to be licensed by the commission until
the question of the sale of spirits and mixed spirit drink for
consumption on the premises, in addition to beer and wine, is
submitted to the electors of the city or village as provided in
this section. The question of the sale of spirits and mixed spirit
drink for consumption on the premises, in addition to beer and
wine, shall be submitted by ballot in substantially the following
form:
"Shall the sale of spirits and mixed spirit drink in addition
to beer and wine be permitted for consumption on the premises
within the city, village, or township of ............. under the
provisions of the law governing same?
Yes ...........
No ...........".
(2) All votes on the question submitted by ballot under
subsection (1) shall be taken, counted, and canvassed in the same
manner as votes cast in city, village, or township elections, as
applicable, are taken, counted, and canvassed. Ballots shall be
furnished by the election commission or similar body of the
respective city, village, or township. If a majority of the
electors voting at an election conducted under this section shall
vote in favor of the question submitted by ballot under subsection
(1), spirits and mixed spirit drink may be sold under this act in
that city, village, or township for consumption on the premises, in
addition to beer and wine.
(3) At any time within 18 months after an election conducted
under this section has resulted in a tie vote, the question shall
be resubmitted to the electors upon the filing of a petition with
the legislative body of the city, village, or township. The
petition shall be signed by a number of electors not less than that
required under subsection (1) for the calling of an election on an
original petition. The question shall be resubmitted to the
electors by the city, village, or township clerk at the next
regular election if that election occurs not less than 30 days and
not more than 60 days after the filing of the petition or at a
special election called for that purpose and to be held within not
less than 30 days and not more than 60 days after the filing of the
petition.
(4) This section shall not be used by the legislative body of
a city, village, or township to nullify the results of a referendum
vote of the electors of the city, village, or township.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.