HB-4074, As Passed House, May 12, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4074

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 541 (MCL 436.1541), as amended by 2008 PA 489.

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 that is related in location,

size, and type of shop to the trade area that the unit serves,

which that provides not less than 50,000 square feet of gross

leasable retail space, and which that 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 that 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 $12,500.00 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.

House Bill No. 4074 as amended May 7, 2015

     (3) 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 3,500 or less and a county with a population of

31,000 or more.

     (ii) A city, incorporated village, or township with a

population of 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) The commission shall not prohibit the holder of a

specially designated merchant license from owning or operating a

motor vehicle fuel pump on or adjacent to the licensed premises if

all of the following conditions are met:

     (a) The licensee is located in a township with a population

density of less than 4 people per square mile and a county with a

population density of less than 11 people per square mile [or is located

in a township within a county that is at least 1,170 square miles in size].

[

(B)] The licensee was issued the specially designated merchant

license before the licensee sells fuel to its customers.

(5) (4) 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 3,500 or less and a county with a population of

31,000 or more.

     (ii) A city, incorporated village, or township with a

population of 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 $12,500.00, at cost, of those goods and services

customarily marketed by approved types of businesses.

(6) (5) A person who that 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.

(7) (6) The commission may transfer ownership of a specially

designated merchant license or specially designated distributor

license to a person who that owns or is acquiring an interest in

motor vehicle fuel pumps already in operation at the same location

at which the license is issued.