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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5911

May 27, 1981

LIQUOR CONTROL:

Local governmental approval of upgrading of tavern license

The approval of the local governmental unit is required before the Liquor Control Commission may upgrade a tavern license to a Class C license.

Honorable John M. Maynard

State Representative

State Capitol

Lansing, Michigan

You have requested my opinion on the following question:

Is local governmental approval necessary before the Liquor Control Commission may upgrade a tavern license to a Class C license in accordance with 1933 Ex Sess PA 8, Sec. 190?

1933 Ex Sess PA 8, Sec. 19c, as last amended by 1978 PA 462; MCLA 436.19c; MSA 18.990(3), in pertinent part provides:

'(1) A public license shall not be granted for the sale of alcoholic liquor for consumption on the premises in excess of 1 license for each 1,500 of population or major fraction thereof. This quota does not bar the right of existing licensees to renew their licenses or transfer the license nor does it bar the right of taverns and class A hotels from requesting reclassification of their licenses to class C, unless local option laws prevent the sale of spirits by those licensed premises, subject to the consent of the commission. Upgrading of a license resulting from a request under this subsection shall be approved by the local governmental unit having jurisdiction.' (Emphasis added.)

As stated in People v Langham, 101 Mich App 391, 396-397; 300 NW2d 572 (1980), lv app den, 410 Mich 92 (1981):

'It is axiomatic that a court must enforce clear and unambiguous statutory provisions as written. The legislature is presumed to have intended the plain meaning of the words used by it (citations omitted).'

Thus, it is abundantly clear from the underscored portion of 1933 Ex Sess PA 8, 19(c), supra, that the upgrading of a license from a 'tavern' to a 'C' requires the approval by the local governmental unit.

It is my opinion, therefore, that the approval of the local governmental unit is required before the Liquor Control Commission may upgrade a tavern license to a class C license.

Frank J. Kelley

Attorney General

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