HB-5731, As Passed House, May 13, 2004
(As amended May 13, 2004)
March 31, 2004, Introduced by Reps. McConico, Taub and Hunter and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 517a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 517a. (1) The commission may issue national sporting
2 event licenses for the sale of alcoholic liquor for consumption
3 on the premises [concerning a national sporting event,] if all of the following circumstances are found
4 by the commission to exist:
5 (a) The local governmental unit in which the national
6 sporting event is to be conducted is the host governmental unit
7 for that event.
8 (b) The premises to be licensed are located in a theme area
9 or theme areas designated by the governing body of the host
10 governmental unit in connection with the national sporting event
11 or are operated in conjunction with that event.
1 (c) The commission determines that the national sporting
2 event will attract a substantial number of tourists from outside
3 this state.
4 (d) The national sporting event is conducted under the
5 auspices of a national sanctioning body.
6 (e) The applicant is any of the following:
7 (i) A Michigan licensee for the sale of alcoholic liquor for
8 consumption on the premises.
9 (ii) The promoter of the national sporting event or an
10 affiliate of the promoter.
11 (iii) A person who has entered into a written concession or
12 catering agreement with the promoter of the national sporting
13 event or its affiliate, which agreement has been approved by the
14 commission.
15 (iv) An organization qualified for licensure as a special
16 licensee under section 111(10) and the rules of the commission.
17 (2) Licenses issued under this section shall be for a period
18 of not more than 30 consecutive days and are not transferable as
19 to ownership or location. The license shall be for specific
20 designated time periods that include the national sporting event
21 and activities associated with the national sporting event.
22 (3) Not more than 40 licenses shall be issued under this
23 section for use at the same time in a theme area or theme areas.
24 (4) The governing body of a host governmental unit described
25 in subsection (1) shall supply to the commission for the
26 commission's review a list containing the names of applicants and
27 the locations of the premises to be licensed under this section.
House Bill No. 5731 as amended May 13, 2004
1 The governing body of the host governmental unit shall recommend
2 the number of licenses to be issued pursuant to this section in
3 the theme area or theme areas. The commission shall not issue
4 any licenses pursuant to this section that are not recommended by
5 the governing body of the host governmental unit.
6 (5) The governing body of the host governmental unit shall
7 provide, in conjunction with the list described in subsection
8 (4), written certification to the commission that all premises to
9 be licensed under this section comply with applicable state and
10 local building, safety, and health laws, rules, and regulations.
11 (6) A license issued pursuant to this section is not subject
12 to section 503.
13 (7) An applicant for a license under this section shall pay
14 to the commission a license fee of $1,000.00 at the time of
15 application.
[(8) As used in this section, "national sporting event" means a sports related event considered of national prominence and includes only the following:
(a) The major league baseball all-star game during calendar year 2005.
(b) The national football league super bowl during calendar year 2006.
(c) The national college athletic association final four games during calendar year 2008.]
16 Enacting section 1. This amendatory act does not take
17 effect unless Senate Bill No. ____ or House Bill No. 5730
18 (request no. 06672'04 **) of the 92nd Legislature is enacted into
19 law.