HOUSE BILL No. 4036


     January 25, 2001, Introduced by Rep. Faunce 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 905 (MCL 436.1905).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 905.  (1) Notwithstanding section 903, if a retail

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      licensee or a retail licensee's clerk, agent, or employee vio-

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      lates this act by selling or furnishing alcoholic liquor to a

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      minor, or by allowing a minor to consume alcoholic liquor or pos-

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      sess alcoholic liquor for personal consumption on the licensed

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      premises, and if the enforcing agency involved in the prosecution

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      of the violation is the state police or a local police agency,

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      the commission shall not take any action under section 903 to

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      suspend or revoke the licensee's license or assess  a penalty  AN

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      ADMINISTRATIVE FINE against the licensee unless enforcement

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      action is taken against the minor who purchased, consumed, or


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      received the alcoholic liquor from the retail licensee or the

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      retail licensee's clerk, agent, or employee and, if applicable,

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      enforcement action is taken under this section against the person

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      21 years of age or older who sold or furnished the alcoholic

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      liquor to the minor, INCLUDING THE LICENSEE'S CLERK, AGENT, OR

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      EMPLOYEE.

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           (2) Subsection (1) does not apply under either of the fol-

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      lowing circumstances:

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           (a) The enforcing agent involved in the prosecution is a

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      commission inspector rather than a police agency.

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           (b) The prosecution of the violation is the result of an

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      undercover operation in which the minor who purchased, consumed,

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      or received the alcoholic liquor acted under the direction of the

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      state police or a local police agency as part of the enforcement

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      action and such enforcement action is otherwise in compliance

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      with section 701(4).

























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