February 3, 2005, Introduced by Senator JACOBS and referred to the Committee on Economic Development, Small Business and 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 521a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 521a. (1) In order to allow cities to enhance the quality
of life for their residents and visitors to their communities, the
commission may issue public on-premises licenses in addition to
those quota licenses allowed in cities under section 531(1). The
licenses under this section shall be issued to businesses that meet
both of the following conditions:
(a) Are located in a city redevelopment project area meeting
the criteria described in subsections (3) and (4).
(b) Are engaged in activities determined by the commission to
be related to dining, entertainment, and urban recreation.
(2) The commission shall not issue a license under this
section unless the applicant fulfills the following in relation to
the licensed premises:
(a) Provides the activity described in subsection (1)(b) not
less than 3 days per week.
(b) Is open to the public not less than 10 hours per day, 5
days per week.
(c) Presents verification of redevelopment project area status
to the commission that shall include the following:
(i) A resolution of the governing body of the city establishing
its status as a redevelopment project area.
(ii) An affidavit from the assessor, as certified by the city
clerk, stating the total amount of investment in real and personal
property within the redevelopment project area of the city during
the preceding 3 years. In the case of an applicant seeking a
license under this section within the first license cycle after the
effective date of this section, the time period described in this
subdivision may be up to 5 years.
(iii) An affidavit from the assessor, as certified by the city
clerk, separately stating the amount of investment money expended
for manufacturing, industrial, residential, and commercial
development within the redevelopment project area of the city
during the preceding 3 years. In the case of an applicant seeking a
license under this section within the first license cycle after the
effective date of this section, the time period described in this
subdivision may be up to 5 years.
(3) The amount of commercial investment in the redevelopment
project area within the city shall constitute not less than 25% of
the total investment in real and personal property in that
redevelopment project area as evidenced by an affidavit of the city
assessor. This subsection does not prevent the city from realigning
the redevelopment project area in the presentment of verification
provided for under subsection (2)(c).
(4) An applicant shall meet at least 1 of the investment
requirements of this subsection during the 3 years preceding
application, or within the preceding 5 years in the case of an
applicant applying during the first license cycle after the
effective date of this section. The total investment in real and
personal property in the redevelopment project area within the city
over the appropriate time period described in this subsection shall
be at least 1 of the following:
(a) Not less than $50,000,000.00 in cities having a population
of 50,000 or more.
(b) Not less than an amount reflecting $1,000,000.00 per 1,000
people in cities having a population of less than 50,000.
(5) The commission may issue a license for each monetary
threshold described in subsection (4)(a) and (b), or for each major
fraction thereof.
(6) The commission may issue the licenses under this section
without regard to the order in which the applications are received.
(7) The commission shall annually report to the legislature
the names of the businesses issued licenses under this section and
their locations.
(8) The commission shall not transfer a license issued under
this section to another location. If the licensee goes out of
business, the licensee shall surrender the license to the
commission.
(9) As used in this section, "city" means a city established
under either of the following:
(a) The home rule city act, 1909 PA 279, MCL 117.1 to 117.38.
(b) The fourth class city act, 1895 PA 215, MCL 81.1 to
113.20.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 163
of the 93rd Legislature is enacted into law.