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. 5382 October 27, 1978 LIQUOR CONTROL ACT: Election on sale of spirits for consumption on the premises VILLAGES: Election on issue of sale of spirits for consumption on the premises TOWNSHIPS: Election on issue of sale of spirits for consumption on the premises Electors residing in an incorporated village within the boundaries of a township may not vote on the question of whether to permit the sale of spirits in the unincorporated portion of the township. Honorable Larry E. Burkhalter State Representative The Capitol Lansing, Michigan 48909 You have asked for my opinion whether the residents of an incorporated village located within the boundaries of a township may vote on the issue of whether to allow the sale of spirits for consumption on the premises in the township. OAG, 1941-1942, No 22093, p 505 (February 17, 1942), interpreted section 56 of the Michigan Liquor Control Act, 1933 ex sess PA 8, MCLA 436.56; MSA 18.1027. This opinion held that electors who reside in a village located within the boundaries of a township may vote in the township election held for the purposes of deciding whether the sale of spirits for consumption on the premises in the township should be permitted. The following statement appears in OAG, No. 22093 at p 506: '. . . [The question is] whether the village votes with the rest of the township in such a referendum [to permit sale of spirits for consumption on the premises]. Inasmuch as the section in question [1933 ex sess PA 8, Sec. 56] contains no provision excluding the voters of the township who reside in such a village from voting on the question, I am of the opinion that they may do so.' By enactment of 1970 PA 85, Section 56b was added to the Michigan Liquor Control Act, supra. This section, in part, states: '(2) A township having incorporated villages within its boundaries may submit to the voters in the unincorporated portion of the township the question of sale of spirits for consumption on the premises and the will of the electors outside of the incorporated village shall decide the question for the unincorporated portion of the township.' [Emphasis added] This language indicates that electors of the unincorporated portions of a township may vote on the question of the sale of spirits and the results of such an election will bind the unincorporated portion of the township. Thus, it is my opinion that electors residing in the incorporated village may not vote in the election in the township. OAG, 1941-1942, No 22093, supra, has been superseded by statutory amendment. Frank J. Kelley Attorney General