HOUSE BILL NO. 4766
June 15, 2023, Introduced by Rep. Morgan and referred to the Committee on Government
Operations.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 801 (MCL 436.1801), as amended by 2019 PA 131.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 801. (1) A retail licensee shall not directly,
2 individually, or by a clerk, agent, or servant sell, furnish, or
3 give alcoholic liquor to a minor except as otherwise provided in
4 this act. A retail licensee shall not directly or indirectly,
5 individually or by a clerk, agent, or servant sell, furnish, or
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1 give alcoholic liquor to an individual who is visibly intoxicated.
2 (2) Except as otherwise provided in this section, an
3 individual who suffers damage or who is personally injured by a
4 minor or visibly intoxicated person individual by reason of the
5 unlawful selling, giving, or furnishing of alcoholic liquor to the
6 minor or visibly intoxicated person, individual, if the unlawful
7 sale is proven to be a proximate cause of the damage, injury, or
8 death, or the spouse, child, parent, or guardian of that
9 individual, has a right of action in his or her name against the
10 person who by selling, giving, or furnishing the alcoholic liquor
11 has caused or contributed to the intoxication of the person
12 individual or who has caused or contributed to the damage, injury,
13 or death. In an action under this section, the plaintiff has the
14 right to recover actual damages in a sum of not less than $50.00 in
15 each case in which the court or jury determines that intoxication
16 was a proximate cause of the damage, injury, or death.
17 (3) An action under this section must be instituted within 2
18 years after the injury or death. A plaintiff seeking damages under
19 this section shall give written notice to all defendants within 120
20 days after entering an attorney-client relationship for the purpose
21 of pursuing a claim under this section. Failure to give written
22 notice within the time specified is grounds for dismissal of a
23 claim as to any defendants that did not receive that notice unless
24 sufficient information for determining that a retail licensee might
25 be liable under this section was not known and could not reasonably
26 have been known within the 120 days. In the event of the death of
27 either party, If either party dies, the right of action under this
28 section survives to or against his or her personal representative.
29 In each action by a husband, wife, child, or parent, the general
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1 reputation of the relation of husband and wife spouses or parent
2 and child is prima facie evidence of the relation, and the amount
3 recovered by either the husband, wife, parent, or child is his or
4 her sole and separate property. The damages, together with the
5 costs of the action, must be recovered in an action under this
6 section. If the parents of the individual who suffered damage or
7 who was personally injured are entitled to damages under this
8 section, the father and mother may sue separately, but recovery by
9 1 is a bar to action by the other.
10 (4) An action under this section against a retail licensee
11 must not be commenced unless the minor or the alleged intoxicated
12 person individual is a named defendant in the action and is
13 retained in the action until the litigation is concluded by trial
14 or settlement.
15 (5) Any A licensee subject to subsection (2) regarding the
16 unlawful selling, furnishing, or giving of alcoholic liquor to a
17 visibly intoxicated person individual has the right to full
18 indemnification from the alleged visibly intoxicated person
19 individual for all damages awarded against the licensee.
20 (6) All defenses of the alleged visibly intoxicated person
21 individual or the minor are available to the licensee. In an action
22 alleging the unlawful sale of alcoholic liquor to a minor, proof
23 that the defendant retail licensee or the defendant's agent or
24 employee demanded and was shown a Michigan driver license or
25 official state personal identification card, appearing to be
26 genuine and showing that the minor was at least 21 years of age, is
27 a defense to the action.
28 (7) There is a rebuttable presumption that a retail licensee,
29 other than the retail licensee who last sold, gave, or furnished
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1 alcoholic liquor to the minor or the visibly intoxicated person,
2 individual, has not committed any act giving rise to a cause of
3 action under subsection (2).
4 (8) The alleged visibly intoxicated person individual does not
5 have a cause of action under this section and a person does not
6 have a cause of action under this section for the loss of financial
7 support, services, gifts, parental training, guidance, love,
8 society, or companionship of the alleged visibly intoxicated
9 person.individual.
10 (9) This section provides the exclusive remedy for money
11 damages against a licensee arising out of the selling, giving, or
12 furnishing of alcoholic liquor to a minor or intoxicated
13 person.individual.
14 (10) Except as otherwise provided for under this section and
15 section 815, a civil action under subsection (2) against a retail
16 licensee is subject to the revised judicature act of 1961, 1961 PA
17 236, MCL 600.101 to 600.9947.
18 Enacting section 1. This amendatory act does not take effect
19 unless Senate Joint Resolution ____ or House Joint Resolution F
20 (request no. 00367'23) of the 102nd Legislature becomes a part of
21 the state constitution of 1963 as provided in section 1 of article
22 XII of the state constitution of 1963.
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Statutes affected: House Introduced Bill: 436.1801