SENATE BILL No. 628

 

 

June 22, 2005, Introduced by Senators JELINEK, McMANUS, KUIPERS, JACOBS and HAMMERSTROM and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1998 PA 58, entitled

 

"Michigan liquor control code of 1998,"

 

by amending section 107 (MCL 436.1107), as amended by 2001 PA 223.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 107. (1) "Cash" means money in hand, bank notes, demand

 

deposits at a bank, or legal tender, which a creditor must accept

 

according to law. Cash does not include call loans, postdated

 

checks, or promissory notes.

 

     (2) "Class C license" means a place licensed to sell at retail

 

beer, wine, mixed spirit drink, and spirits for consumption on the

 

premises.

 

     (3) "Class G-1 license" means a place licensed to sell at

 

retail beer, wine, mixed spirit drink, and spirits for consumption

 

on the premises at a golf course having at least 18 holes that


 

measure at least 5,000 yards and which license is issued only to a

 

facility which permits member access by means of payments that

 

include annual paid membership fees.

 

     (4) "Class G-2 license" means a place licensed to sell at

 

retail beer and wine for consumption on the premises at a golf

 

course having at least 18 holes that measure at least 5,000 yards

 

and which license is issued only to a facility which permits member

 

access by means of payments that include annual paid membership

 

fees.

 

     (5) "Club" means a nonprofit association, whether incorporated

 

or unincorporated, organized for the promotion of some common

 

purpose, the object of which is owning, hiring, or leasing a

 

building, or space in a building, of an extent and character as in

 

the judgment of the commission may be suitable and adequate for the

 

reasonable and comfortable use and accommodation of its members and

 

their guests, but does not include an association organized for a

 

commercial or business purpose.

 

     (6) "Commission" means the liquor control commission provided

 

for and created in section 209.

 

     (7) "Computer" means any connected, directly interoperable or

 

interactive device, equipment, or facility that uses a computer

 

program or other instructions to perform specific operations

 

including logical, arithmetic, or memory functions with or on

 

computer data or a computer program and that can store, retrieve,

 

alter, or communicate the results of the operations to a person,

 

computer program, computer, computer system, or computer network.

 

     (8) "Computer network" means the interconnection of hardwire


 

or wireless communication lines with a computer through remote

 

terminals, or a complex consisting of 2 or more interconnected

 

computers.

 

     (9) "Computer program" means a series of internal or external

 

instructions communicated in a form acceptable to a computer that

 

directs the functioning of a computer, computer system, or computer

 

network in a manner designed to provide or produce products or

 

results from the computer, computer system, or computer network.

 

     (10) "Computer system" means a set of related, connected or

 

unconnected, computer equipment, devices, software, or hardware.

 

     (11)  (7)  "Church" means an entire house or structure set

 

apart primarily for use for purposes of public worship, and which

 

is tax exempt under the laws of this state, and in which religious

 

services are held and with which a clergyman is associated, and the

 

entire structure of which is kept for that use and not put to any

 

other use inconsistent with that use.

 

     (12) "Device" includes, but is not limited to, an electronic,

 

magnetic, electrochemical, biochemical, hydraulic, optical, or

 

organic object that performs input, output, or storage functions by

 

the manipulation of electronic, magnetic, or other impulses.

 

     (13) "Diligent inquiry" means a diligent good faith effort to

 

determine the age of a person, which includes at least an

 

examination of an official Michigan operator's or chauffeur's

 

license, an official Michigan personal identification card, or any

 

other bona fide picture identification that establishes the

 

identity and age of the person.

 

     (14) "Direct shipper" means a person who engages in the sale,


 

delivery, or importation of wine to a retail customer through the

 

use of any mail order, internet, telephone, computer, device, or

 

other electronic means.

 

     (15)  (8)  "Distiller" means any person licensed to

 

manufacture and sell spirits or alcohol, or both, of any kind.

 

     (16)  (9)  "Hotel" means a building or group of buildings

 

located on the same or adjoining pieces of real property, which

 

provide lodging to travelers and temporary residents and which may

 

also provide food service and other goods and services to

 

registered guests and to the public.

 

     (17)  (10)  "Class A hotel" means a hotel licensed by the

 

commission to sell beer and wine for consumption on the premises

 

only, which provides for the rental of, and maintains the

 

availability for rental of, not less than 25 bedrooms if located in

 

a local governmental unit with a population of less than 175,000 or

 

not less than 50 bedrooms if located in a local governmental unit

 

with a population of 175,000 or more.

 

     (18)  (11)  "Class B hotel" means a hotel licensed by the

 

commission to sell beer, wine, mixed spirit drink, and spirits for

 

consumption on the premises only, which provides for the rental of,

 

and maintains the availability for rental of, not less than 25

 

bedrooms if located in a local governmental unit with a population

 

of less than 175,000 or not less than 50 bedrooms if located in a

 

local governmental unit with a population of 175,000 or more.

 

     (19)  (12)  "License" means a contract between the commission

 

and the licensee granting authority to that licensee to manufacture

 

and sell, or sell, or warehouse alcoholic liquor in the manner


 

provided by this act.

 

     Enacting section 1.  This amendatory act does not take effect

 

unless all of the following bills of the 93rd Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 625.                                   

 

             

 

     (b) Senate Bill No. 627.                                   

 

         

 

     (c) Senate Bill No. 626.