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preemption opinion

A

Adams182

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With this reading am I correct to think the Festival Place is Pre-Empted?


Located between Kalamazoo Avenue to the North and Water Street to the South at Edwards Street, the Arcadia Creek Festival Place is a multi-use space opened in 2004 by Downtown Tomorrow Incorporated. Several organizations and individuals funded the construction of the festival place through many generous donations.

While the site is publicly owned by the City of Kalamazoo, the festival place is managed and
programmed by Downtown Kalamazoo Association Charities and maintained by the Downtown
Development Authority. The Arcadia Creek Festival Place is both a public open space
and a special event venue. As an open space, the festival place is open daily to the general public as a setting for lunch, play and relaxation. As a special event venue, the festival place serves as a community gathering place for celebrations and special events of all types.


http://www.downtownkalamazoo.org/Visit/Events/Arcadia-Creek-Festival-Place.aspx
 
smellslikemichigan

smellslikemichigan

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http://www.downtownkalamazoo.org/DKI/media/dki/Documents/User-Manual.pdf
from page 36:
"If shots are heard, it is advised to get down to the ground immediately and lay as flat as
possible. If the time and situation permits, a public message should be made to all on site to get
down on the ground. Public Safety will provide instructions from that point forward. Do not attempt to take the gun from the perpetrator. If approached, it is important to not resist and
give the suspect whatever it is that they want. Remember their appearance with as much detail
as possible. Be a good witness.
All efforts will be made to eliminate guns in the site, and under the rules, no guns are allowed in
the site – and these rules should be explicably stated in the rules at the gate. Under MLCC
ruling, event signage can state no guns and no concealed weapons."
 
Last edited:
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zigziggityzoo

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Last edited:
smellslikemichigan

smellslikemichigan

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not only that, they will run into the same issue that royal oak did if they try to say that the entire area is a "bar"
everyone under 17 will have to be escorted by a parent or guardian to be on premises according to 750.141 of the same document
 
A

Adams182

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smellslikemichigan said:
not only that, they will run into the same issue that royal oak did if they try to say that the entire area is a "bar"
everyone under 17 will have to be escorted by a parent or guardian to be on premises according to 750.141 of the same document
Click to expand...



Interesting, thanks for the info thats what I thought. Some of my friends were thinking of going and I'm not a big drinker but I like Rock shows so I offered to DD for them.
 
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Adams182

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Know where one would find the legal discription of what constitutes a "bar." or rather doesn't? or relevent codes that would come into play.
 
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zigziggityzoo

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Adams182 said:
Know where one would find the legal discription of what constitutes a "bar." or rather doesn't? or relevent codes that would come into play.
Click to expand...

From 28.425o:

(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58,MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Click to expand...

From MCL 436, THE MICHIGAN LIQUOR CONTROL CODE OF 1998:

(5) "Bar" means a barrier or counter at which alcoholic liquor is sold to, served to, or consumed by customers.
(1) "Tavern" means any place licensed to sell at retail beer and wine for consumption on the premises only.
Click to expand...
 
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zigziggityzoo

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Makes you wonder - a Brewpub is a tavern that can brew its own beer and sell it for on AND off-premise consumption.

So since a Tavern can sell beer or wine for on-premise consumption ONLY, is a brewpub even restricted by 28.425o? It would be fun to argue in court.
 
A

Adams182

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Yes thank you for the info! Well we went last night, the only thing that got out of control was some peoples dancing :banana: 0 issues getting in and enjoyed a great show.
 
A

Adams182

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DrTodd said:
Thank you for OCing there. Great to also hear there weren't any problems.
Click to expand...


Why no problem at all, thanks for the thanks. I had thought about going to a couple of the other events they do but I has assumed it was private property of some sort. Just found out it was public so I was excited to be able to see the show and still be able to defend myself. Now that I know i'm sure I will attend more, thought about setting up event there before it got too cold.
 
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Adams182

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Messages
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Location
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smellslikemichigan said:
http://www.downtownkalamazoo.org/DKI/media/dki/Documents/User-Manual.pdf
from page 36:
"If shots are heard, it is advised to get down to the ground immediately and lay as flat as
possible. If the time and situation permits, a public message should be made to all on site to get
down on the ground. Public Safety will provide instructions from that point forward. Do not attempt to take the gun from the perpetrator. If approached, it is important to not resist and
give the suspect whatever it is that they want. Remember their appearance with as much detail
as possible. Be a good witness.
All efforts will be made to eliminate guns in the site, and under the rules, no guns are allowed in
the site – and these rules should be explicably stated in the rules at the gate. Under MLCC
ruling, event signage can state no guns and no concealed weapons."
Click to expand...




Security at the gate didn't even notice, also I looked and didn't explicitly see any rules posted.
 
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