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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 /7 7----'' -? 77 /1"----,,/./--2,_ Roger>d. Rospp a e 1 ''2- Dire.dtor, LiCense Division • MICA - . • 0 WATER - WONDERLAND Z 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