HB-5562, As Passed Senate, June 8, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5562

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 541 (MCL 436.1541).

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 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)  (2) 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  3,000  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 $10,000.00, at cost, of those goods and services

customarily marketed by approved types of businesses.

(4)  (3) 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 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 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)  (4) 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)  (5) 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.