PROHIBITION AGAINST LIQUOR LICENSE: 

ADD EXCEPTION

House Bill 4732

Sponsor:  Rep. Virgil Smith

Committee:  Regulatory Reform

Complete to 5-21-07

A SUMMARY OF HOUSE BILL 4732 AS INTRODUCED 5-9-07

In general, the state liquor laws prohibit an elected or appointed public official, or his or her spouse, from obtaining a license to sell alcohol if the person's duties involve enforcement of federal, state, or local penal laws or ordinances.  Some exceptions are provided.  For example, a spouse of an appointed or elected official holding an office which involves the duty to enforce a penal law or ordinance can have a liquor license if the spouse held the liquor license (or an interest in a liquor license) for at least three years prior to marrying the official.

House Bill 4732 would amend the Michigan Liquor Control Code to add an exception regarding the spouse of a nonpatrol law enforcement officer.  Under the bill, a spouse of a nonpatrol law enforcement official who worked in the jurisdiction within which the licensed premises was located, could hold a liquor license or an interest in a liquor license, if both of the following criteria were met:

·                    The jurisdiction in which the licensed premises was located was at least 10 square miles in area and had a population of 500,000 or more; and,

·                    The spouse had held the license for at least one year without any violations of the liquor code.

MCL 436.1523

FISCAL IMPACT:

There is no fiscal impact on the State of Michigan or its local units of government.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Richard Child

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.