HomeMy WebLinkAboutResolutions - 1997.07.17 - 25035Jul7 17, 1997 REPORT (Misc. #97124)
BY: GENERAL GOVERNMENT COMMITTEE - KAY SCHMID, CHAIRPERSON
IN RE: MR #97124, (OPPOSE) SB 211, REVISION TO CRITERIA FOR
GRANTING LIQUOR LICENSES FOR GAS STATION CONVENIENCE
STORES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed on July 7,
1997, the above referenced resolution reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I
move the acceptance of the foregoing Report.
Gilda Z. Jaco
Commission
May 22, 1997
MISCELLANEOUS RESOLUTION #97124
BY: COMMISSIONER GILDA Z. JACOBS
IN RE: (OPPOSE) SB 211, REVISION TO CRITERIA FOR GRANTING LIQUOR
LICENSES FOR GAS STATION CONVENIENCE STORE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Senate Bill 211 amends the Michiga4 Liquor Control Act
in Section 28c (MCL 436.28c), by eliminating the safeguards which
were placed in the statute which would preclude gas station
convenience stores from selling alcoholic beverages to the motoring
public, and
WHEREAS the alcohol related traffic death and injury rates are
already on the rise in Michigan, and according to a University of
Michigan Transportation Research Institute Study 40% of the 1993
traffic crashes which cost more than $12 billion in hospital bills,
lost wages and property damage, were alcohol related, and
WHEREAS there is no shortage of licensed alcoholic beverage
outlets in Michigan, and
WHEREAS common sense issues of alcohol sales from gas stations
include that such sales would only encourage the violation of
Michigan law for having open intoxicants in a motor vehicle,
certainly negates the sensible efforts and campaigns for public
education on not drinking and driving, as well as the concern that
employees of gas stations are often unsupervised minors.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby oppose SB 211 as being not only not in
the best interests of our citizens, but is a potential threat to
the safety of the motoring public.
BE IT FURTHER RESOLVED that certified copies of this
resolution be sent to all Oakland County Legislators, the Senate
Committee on Economic Development, International Trade and
Regulatory Affairs, and all Oakland County legislative lobbyists.
Chairperson, I move the adoption of the foregoing resolution.
0 *
MI S 211 AUTHOR: McManus
TITLE: Liquor Licenses
INTRODUCED: 02/20/1997
LOCATION: Senate Economic Development, International Trade
and Regulatory Affairs Committee
SUMMARY:
Revises criteria for granting liquor licenses to certain
persons owning or operating gas station convenience stores.
STATUS:
02/20/1997 INTRODUCED.
02/20/1997 To SENATE Committee on ECONOMIC DEVELOPMENT,
INTERNATIONAL TRADE AND REGULATORY AFFAIRS.
END OF REPORT
Michigan 89th Legislature -- 1997 Regular Session
1997 MI S 211
Introduced
970220
McManus
SENATE BILL No. 211
A bill to amend 1933 (Ex Sess) PA 8, entitled
"The Michigan liquor control act,"
by amending section 28c (MCL 436.28c), as amended by 1992 PA 133.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 28c. (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) [D> One <D] [A> EITHER <A] or both of the following: [D> conditions
exists. <D]
(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 is related in location, size, and type of shop to the trade
area that the unit serves, which provides not less than 50,000 square feet of
gross leasable retail space, and which 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 merchant license from owning or operating motor vehicle
fuel pumps on or adjacent to the licensed premises if [D> both <D] [A> EITHER
<A] of the following conditions are met:
(a) The applicant or licensee [D> is located in either of the following.
<D] [A> MAINTAINS ON THE PREMISES A RETAIL BUILDING OF NOT LESS THAN
900
SQUARE FEET OF GROSS LEASABLE RETAIL SPACE. <A]
[D> (i) A city, incorporated village, or township with a population of
3,000 of 3,000 or less and a county with a population of 31,000 or more. <D]
[D> (ii) A city, incorporated village, or township with a population of
3,500 or less and a county with a population of less than 31,000. <D]
(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.
(3) 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 3,000
or less and a county with a population of 31,000 or more.
(ii) A city, incorporated village, or township with a population of 3,500
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.
(4) A person who 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.
(5) The commission may transfer ownership of a specially designated
merchant license or specially designated distributor license to a person who
owns or is acquiring an interest in motor vehicle fuel pumps already in
operation at the same location at which the license is issued.
3.
END OF REPORT
x . -.,
Resolution #97124 May 22, 1997
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
Resolution #97124 July 17, 1997
Moved by Schmid supported by Jacobs the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Jacobs the resolution be adopted.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Huntoon. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on July 17, 1997 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 17th day, of July (7.2.97.
Lynn D. Allen, County Clerk