May 9, 2007, Introduced by Rep. Virgil Smith and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 523 (MCL 436.1523).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 523. (1) A person who holds or whose spouse holds, either
by appointment or election, a public office which involves the duty
to enforce any of the penal laws of the United States, or the penal
laws of this state, or a penal ordinance or resolution of any
municipal
subdivision of the state , except civil shall not be
issued a license, or have an interest, directly or indirectly, in a
license if the activity regulated by the license occurs in the same
local unit of government within which the person enforces those
state or local penal laws, unless the official is contractually
prohibited from enforcing this act. This subsection does not apply
to the following:
(a) Civil defense volunteer police, mayors or council members
of cities, or village presidents, or mayors of home rule cities
whose law enforcement authority under the city charter is
restricted
to emergency situations. , or the
(b) The state treasurer of this state when acting in the
capacity of custodian of the assets of the state retirement systems
created by the public school employees retirement act of 1979, 1980
PA 300, MCL 38.1301 to 38.1408; the state employees' retirement
act, 1943 PA 240, MCL 38.1 to 38.69; the state police retirement
act of 1986, 1986 PA 182, MCL 38.1601 to 38.1648; and the judges
retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670, and
members of these state retirement systems only if the state
treasurer makes an investment in the name of the respective
retirement
system to which such members belong.
, shall not be
issued
a license, or have an interest, directly or indirectly, in a
license
if the activity regulated by the license occurs in the same
local
unit of government within which the person enforces those
state
or local penal laws unless the official is contractually
prohibited
from enforcing this act. This subsection does not apply
to
a
(c) A spouse of an appointed or elected official holding an
office which involves the duty to enforce a penal law described in
this subsection if the spouse held a license or an interest in a
license for not less than 3 years before marrying the appointed or
elected official or if the spouse has voting rights in a public or
private club holding the license, which voting rights are derived
from ownership of shares to the club, and the spouse participates
as a member in good standing of the public or private club or of an
advisory board but does not participate in the day-to-day operation
of the club.
(d) A spouse of a nonpatrol law enforcement officer working in
the jurisdiction within which the licensed premises is located,
that jurisdiction having an area of at least 10 square miles and a
population of 500,000 or more, and who has held the license for at
least 1 year without any violations of this act.
(2) In the case of any licensee excepted from the general
prohibition contained in this section, the commission may
periodically review all circumstances of the licensee and his or
her spouse regarding the exception. The commission has the
authority to review and monitor any complaints it receives
regarding inappropriate enforcement of this act by or against a
person excepted from this section. However, a nonprofit fraternal
organization incorporated under the laws of this state, whose
membership is not totally composed of law enforcement personnel or
public officeholders charged with the duty of enforcing any penal
laws or ordinances of a governmental body, may be issued a club
liquor license if the organization is otherwise qualified.
(3) (2)
As used in this section, "law
enforcement personnel"
does not include the mayor of a city or the state treasurer of this
state when acting in the capacity of custodian of the assets of the
state retirement systems created by the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, the
state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69,
the state police retirement act of 1986, 1986 PA 182, MCL 38.1601
to 38.1648, and the judges retirement act of 1992, 1992 PA 234, MCL
38.2101 to 38.2670, and members of these state retirement systems
only if the state treasurer makes an investment in the name of the
respective retirement system to which such members belong.