HomeMy WebLinkAboutResolutions - 1968.07.18 - 18922STATE OF MICHIGAN
GEORGE ROMNEY, Govornor
DEPARTMENT OF COMMERCE
HERBERT C. DR JONOE, Director
July 8, 1968
LICIL1OR CONTROL COMMII:,fIION
506 S. Ho$mor
P.O. BOX 1260
LANSING, MICHIGAN 45904
TO ALL COUNTY CLERKS IN THE STATE OF MICHIGAN
Effective July 3, 1968, the Michigan Liquor Control Act was amended by
P.A. 313 to provide for sale of spirits for consumption on the premises
on Sunday after 2 P.M., under certain conditions, the first of which is
the approval of the legislative body of the county, voting thereon with-
in 60 days after the effective date of the amendatory Act. The law fur-
ther provides that if the le0.slativc body of the county fails to take
action within the 60-day period, a county-wide referendum may be hold on
the question at the next regular state election. You will note that
such sale cannot be permitted in any city, village or township in which
the sale of spirits is prohibited under the provisions of the Liquor Con-
trol Act.
We are enclosing a copy of P.A. 313, together with two copies of the Re-
solution and certification thereof which will be required by the Liquor
Control Commission when affirmative action on the question is taken by
the County Board of Supervisors. In such cases, one copy of the Resolu-
tion should be forwarded to the License Division of the Liquor Control
Commission, 506 S. Rosner Street, P.O. Box 1260, Lansing, Michigan 48904.
This new law will affect only the Class "C", B.-Hotel and Club licensees
within your county. No action will be taken by this Commission on appli-
cations of any such licensees unless action to approve sale of spirits for
consumption on the premises on Sunday after 2 P.M. is taken by the County
Board of Supervisors and the Resolution attesting thereto has been filed
with the Commission.
Will you please bring this to the attention of your County Board of Super-
visors immediately.
MICHIGAN LIQUOR CONTROL COMMISSION
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Roger>d. Rospp a e 1 ''2-
Dire.dtor, LiCense Division
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ACT 313, PUBLIC ACTS 1968, EFFECTIVE JULY 3, 1968
Section 19e of Act No. 8 of the Public Acts of the Extra Session of 1933 is
hereby amended as follows and a new section 19f is added, the amended and
added sections to read as follows:
Sec. 19e. No licensee enumerated under section 19 or any other person shall
sell at retail, give away or furnish and no person shall knowingly and wilfully
buy any spirits between the hours of 2 a.m. and 12 midnight on any Sunday, nor
on any primary election day, general election day or municipal election day
until after the polls are closed, except that the legislative body of any county
may authorize the sale of spirits, for consumption on the premises, on Sunday
after 2 p.m., by resolution approved by a majority of the legislative body
voting thereon within 60 days after the effective date of this 1968 amendatory
act in any establishment licensed under this act in which the gross receipts
derived from the sale of food and other goods and services exceed 50% of the
total gross receipts. With respect to any action taken by such legislative
body, or, if the legislative body fails to act within the 60-day period, a
petition may be filed with the county clerk requesting the submission of the
question of such sale of spirits for consumption on the premises in addition
to beer and wine on Sunday. The petition shall be signed by a number of the
registered and qualified electors thereof which shall he not less than 8% of
the total number of votes east for all candidates for the office of secretary
of state in the county at the last general election held for such purpose. The
question shall not be submitted to the electors of such county more than once
every 4 years.
The county clerk shall submit such question at the next regular state elec-
tion held in such county; provided, that such petitions must be filed at least
60 days prior to said election. The question of the sale of such spirits for
consumption on the premises, in addition to beer and wine, on Sunday shall be
submitted by ballot in substantially the following form:
"Shall the sale of spirits for consumption on the premises be permitted on
Sunday, in any establishment licensed under this act in which the gross
receipts derived from the sale of food or other goods and services exceed 50%
of the total of the total gross receipts within the county of
under the provisions of the law governing the same?
Yes..... .....
No ..... .O**04 "
All votes on the question shall be taken, counted and canvassed in the same
manner as votes cast in county elections are taken, counted and canvassed.
Ballots shall be furnished by the election commission or similar body of the
respective county. In case a majority of the electors voting at any such
election shall vote in favor thereof, spirits may be sold in any such county
under the provisions of this act for consumption on the premises, in addition
to beer and wine, on Sunday. Such sale shall not be permitted in any city,
village or township in which the sale of spirits is prohibited under this
act. Any violation of this section is a misdemeanor. This section shall not
apply to spirits served to bona fide guests in the residence of any person or
sold or furnished for medicinal purposes as provided for in this act. No
licensee enumerated under section 19 or any other person shall sell at retail,
and no person shall knowingly and wilfully buy, any alcoholic liquor between
the hours of 9 p.m. on December 24 and 7 a.m. on December 26. When December
26 falls on Sunday, the hours of closing hereunder shall be extended to 7 a.m.
2
on December 27. The legislative body of any city, village or township, by
resolution or ordinance, may prohibit the sale of alcoholic liquor on any
Sunday, legal holiday, primary election day, general election day or muni-
cipal election day.
Sec. 19f. Any licensee who elects to sell spirits on Sunday under the
provisions of section 19e shall not do so until he first pays to the liquor
control commission an additional fee in the amount of 15% of the fee charged
for the issuance of his license. The revenue received from this section
shall be deposited with the state treasurer in a special fund to be used only
by the department of public health in programs for the treatment of alcoholics.
July
Oakland
the 18th day of
State of Michigan, on
, 1968, and that said
Signature of Cl
RESOLUTION
RESOLVED, That pursuant to the provisions of Sec. 19e of Act
No. 8 of the Public acts of the Extra Session of 1933, as amended,
the sale of spirits for consumption on the premises on Sunday after
2 P.M. is hereby approved by a majority of the Board of Supervisors
for the County of OAKLAND , State of Michigan.
This Resolution shall be effective immediately.
* * * * *
1, the duly constituted Clerk for the County of Oakland
Pontiac, Michigan — , State of Michigan,
hereby certify that the foregoing is a true and correct copy of
the Resolution passed_by the Board of Supervisors of the County of
Resolution appears on the records of said meeting and is still in
effect.
July 18, 1968
Date
Oakland
18th day of Jul
, State of Michigan, on
.., 1968, and that said the
Signature of Cl
RESOLUTION
RESOLVED, That pursuant to the provisions of Sec. 19e of Act
No. 8 of the Public acts of the Extra Session of 1933, as amended,
the sale of spirits for consumption on the premises on Sunday after
2 P.M., is hereby approved by a majority of the Board of Supervisors
for the County of OAKLAND , State of Michigan.
This Resolution shall be effective immediately.
* * * *
I, the duly constituted Clerk for the County of Oakland
Pontiac, Michigan , State of Michigan,
hereby certify that the foregoing is a true and correct copy of
the Resolution passed by the Board of Supervisors of the County of
Resolution appears on the records of said meeting and is still in
effect.
July 18, 1968
Date