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Municipal Law
Alert
Public Act 27 of 2011 Amends the Liquor
Control Code to Allow Municipalities to "Opt Out" of Sunday
Morning Liquor Sales
In November 2010, Public Act 213 amended the Michigan Liquor
Control Code to allow on- and off-premises liquor licensees to obtain
an additional license to sell liquor between the hours of 7 a.m. and
noon on Sundays. Previously, liquor sales on Sunday were
prohibited before noon. Under Public Act 213, municipalities
(counties, cities, villages and townships) were not allowed to
"opt out" of the new Sunday morning sales; a municipality
could either prohibit all liquor sales on Sunday or allow all liquor
sales on Sunday, including the new morning hours. However,
perhaps recognizing an oversight, the Michigan Liquor Control
Commission (the "LCC") has
permitted municipalities to prohibit Sunday morning liquor sales
while allowing sales after noon.
Public Act 27, which was signed by the Governor on May 13,
2011 and given immediate effect on May 17, 2011, was enacted to
further amend the Liquor Control Code to clarify that municipalities
may prohibit the sale of liquor between the hours of 7 a.m. and noon
on Sunday or prohibit Sunday sales altogether.
Any prohibitions on the sale of liquor between the hours of 7
a.m. and noon on Sunday approved by the LCC
before Public Act 27's effective date will remain in effect.
Municipalities not receiving LCC
approval that now wish to prohibit Sunday morning liquor sales may do
so by resolution of their legislative bodies.
If you have
any questions regarding any of the above information please contact
your Clark Hill municipal attorney.
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