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HB 4398

Liquor: hours; guidelines regarding resolution to repeal prohibition of alcohol sales; modify. Amends sec. 1113 of 1998 PA 58 (MCL 436.2113).

2025-2026 Regular Session Introduced by Jennifer Wortz

HB 4398 lowers the petition threshold to 5% to place Sunday spirits sales questions on the ballot, and lets counties decide timing and ballot wording, easing voter consideration.

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Bill Summary · HB 4398

Summary — HB 4398 (Wortz) — Liquor: Sunday hours; county ballot process

Status: Introduced March 11, 2025; passed the Michigan House (May 15, 2025; with immediate effect Sep 3, 2025); transmitted to the Senate and referred to the Senate Committee on Regulatory Affairs (Sept 9, 2025). Companion: SB 210.

Purpose

HB 4398 amends section 1113 of the Michigan Liquor Control Code (MCL 436.2113) to change how counties may place questions on the ballot to prohibit or permit the sale of spirits and mixed spirit drinks during certain Sunday hours. The bill is intended to clarify the existing process and make it easier for voters to consider repealing or adopting Sunday sales restrictions.

Key provisions

  • Lowers the petition threshold: reduces the number of county electors required to place the question on the ballot from 8% to 5% of the total votes cast for secretary of state in the last general election for that county.
  • Allows county legislative bodies (by a majority vote) to direct the county clerk to submit the prohibition/permitting question to voters at the next regular state election.
  • Adds alternative ballot language: currently the statute provides sample language asking whether Sunday sales should be prohibited; the bill adds parallel language that asks whether sales should be permitted (giving localities an affirmative-phrasing option).
  • Retains key existing rules:
    • Questions may concern sale of spirits and mixed spirit drinks for consumption on-premises (including establishments where >50% of receipts are food) and off-premises (retail).
    • A ballot question may not be submitted more than once every four years.
    • Petitions must be filed at least 60 days before the target election.
  • The statutory definitions of "spirits" and "mixed spirit drink" continue to apply (including ABV thresholds and container specifications for certain mixed spirit drinks).

Who is affected

  • County legislative bodies and county clerks (process and duties for placing questions on ballots).
  • Voters in counties that opt to consider Sunday sales changes.
  • Retail licensees under section 525 (bars, restaurants, retailers that sell spirits and mixed spirit drinks).
  • Localities currently maintaining Sunday-sale prohibitions (e.g., Hillsdale County was cited as the only county opt-out at the time of analysis).

Procedure & timeline

  • Counties may submit the question at the next regular state election if directed by the legislative body or if a qualifying petition (5% threshold) is filed ≥60 days before the election.
  • Questions limited to once every four years per county.

Fiscal impact & positions

  • House Fiscal Agency: no fiscal impact on state or local government.
  • Support testimony from multiple local tavern/restaurant businesses; Michigan Liquor Control Commission took a neutral position.

Notes / Background

The change primarily lowers the signature burden for citizen petitions and expands permissible ballot wording to make it procedurally easier to put questions about Sunday spirit sales before county voters.

Compiled from official sources — confirm details with the bill’s official record.

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