H06609'04star2(S-3)

HB-5731, As Passed Senate, June 9, 2004

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5731

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

4 the following circumstances are found by the commission to

5 exist:

6 (a) The local governmental unit in which the national

7 sporting event is to be conducted is the host governmental unit

8 for that event.

9 (b) The premises to be licensed are located in a theme area

10 or theme areas designated by the governing body of the host

11 governmental unit in connection with the national sporting event

1 or are operated in conjunction with that event.

2 (c) The commission determines that the national sporting

3 event will attract a substantial number of tourists from outside

4 this state.

5 (d) The national sporting event is conducted under the

6 auspices of a national sanctioning body.

7 (e) The applicant is any of the following:

8 (i) A Michigan licensee for the sale of alcoholic liquor for

9 consumption on the premises.

10 (ii) The promoter of the national sporting event or an

11 affiliate of the promoter.

12 (iii) A person who has entered into a written concession or

13 catering agreement with the promoter of the national sporting

14 event or its affiliate, which agreement has been approved by the

15 commission.

16 (iv) An organization qualified for licensure as a special

17 licensee under section 111(10) and the rules of the commission.

18 (2) Licenses issued under this section shall be for a period

19 of not more than 30 consecutive days and are not transferable as

20 to ownership or location. The license shall be for specific

21 designated time periods that include the national sporting event

22 and activities associated with the national sporting event.

23 (3) Not more than 40 licenses shall be issued under this

24 section for use at the same time in a theme area or theme areas.

25 (4) The governing body of a host governmental unit described

26 in subsection (1) shall supply to the commission for the

27 commission's review a list containing the names of applicants and

1 the locations of the premises to be licensed under this section.

2 The governing body of the host governmental unit shall recommend

3 the number of licenses to be issued pursuant to this section in

4 the theme area or theme areas. The commission shall not issue

5 any licenses pursuant to this section that are not recommended by

6 the governing body of the host governmental unit.

7 (5) The governing body of the host governmental unit shall

8 provide, in conjunction with the list described in subsection

9 (4), written certification to the commission that all premises to

10 be licensed under this section comply with applicable state and

11 local building, safety, and health laws, rules, and regulations.

12 (6) A license issued pursuant to this section is not subject

13 to section 503.

14 (7) An applicant for a license under this section shall pay

15 to the commission a license fee of $1,000.00 at the time of

16 application.

17 (8) As used in this section, "national sporting event" means

18 a sports related event considered of national prominence and

19 includes only the following:

20 (a) The major league baseball all-star game during calendar

21 year 2005.

22 (b) The national football league super bowl during calendar

23 year 2006.

24 (c) The professional golfers association championship during

25 calendar year 2008.

26 (d) The national college athletic association final four

27 games during calendar year 2009.