November 1, 2005, Introduced by Rep. LaJoy and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending sections 537 and 1025 (MCL 436.1537 and 436.2025),
section 537 as amended by 2001 PA 223 and section 1025 as amended
by 2002 PA 725.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 537. (1) The following classes of vendors may sell
alcoholic liquors at retail as provided in this section:
(a) Taverns where beer and wine may be sold for consumption on
the premises only.
(b) Class C license where beer, wine, mixed spirit drink, and
spirits may be sold for consumption on the premises.
(c) Clubs where beer, wine, mixed spirit drink, and spirits
may be sold for consumption on the premises only to bona fide
members where consumption is limited to these members and their
bona fide guests, who have attained the age of 21 years.
(d) Hotels of class A where beer and wine may be sold for
consumption on the premises and in the rooms of bona fide
registered guests. Hotels of class B where beer, wine, mixed spirit
drink, and spirits may be sold for consumption on the premises and
in the rooms of bona fide registered guests.
(e) Specially designated merchants, where beer and wine may be
sold for consumption off the premises only.
(f) Specially designated distributors where spirits and mixed
spirit drink may be sold for consumption off the premises only.
(g) Special licenses where beer and wine or beer, wine, mixed
spirit drink, and spirits may be sold for consumption on the
premises only.
(h) Dining cars or other railroad or Pullman cars, watercraft,
or aircraft, where alcoholic liquor may be sold for consumption on
the premises only, subject to rules promulgated by the commission.
(i) Brewpubs where beer manufactured on the premises by the
licensee may be sold for consumption on or off the premises by any
of the following licensees:
(i) Class C.
(ii) Tavern.
(iii) Class A hotel.
(iv) Class B hotel.
(j) Micro brewers where beer produced by the micro brewer may
be sold to a consumer for consumption on or off the brewery
premises.
(k) Class G-1 license where beer, wine, mixed spirit drink,
and spirits may be sold for consumption on the premises only to
members required to pay an annual membership fee and consumption is
limited to these members and their bona fide guests.
(l) Class G-2 license where beer and wine may be sold for
consumption on the premises only to members required to pay an
annual membership fee and consumption is limited to these members
and their bona fide guests.
(2) A wine maker may sell wine made by that wine maker in a
restaurant for consumption on or off the premises if the restaurant
is owned by the wine maker or operated by another person under an
agreement approved by the commission and located on the premises
where the wine maker is licensed.
(3) A wine maker, with the prior written approval of the
commission, may conduct wine tastings of wines made by that wine
maker and may sell the wine made by that wine maker for consumption
off the premises at a location other than the premises where the
wine maker is licensed to manufacture wine, under the following
conditions:
(a) The premises upon which the wine tasting occurs conforms
to local and state sanitation requirements.
(b) Payment of a $100.00 fee per location is made to the
commission.
(c)
The wine tasting locations shall be are considered
licensed premises.
(d) Wine tasting does not take place between the hours of 2
a.m. and 7 a.m. Monday through Saturday, or between 2 a.m. and 12
noon on Sunday.
(e) The premises and the licensee comply with and are subject
to all applicable rules promulgated by the commission.
(4) Notwithstanding section 1025(1), a specially designated
merchant, who does not hold a license allowing the consumption of
alcoholic liquor on the premises at the same licensed address, may
conduct wine tastings on the licensed premises under the following
conditions:
(a) A customer is not charged for the tasting of wine.
(b) The tasting samples provided to a customer do not exceed 1
ounce per serving and not more than 6 servings for a total of 6
ounces are provided to a customer within a 24-hour period.
(c) The licensee has first obtained a wine tasting permit
approved by the commission and paid a $50.00 annual fee per
location.
(5) During the time a wine tasting conducted under subsection
(4) is conducted, the licensee, or an agent or employee of the
licensee, who has successfully completed a server training program
as provided for in section 906 shall devote full time to the wine
tasting activity and shall perform no other duties, including the
sale of alcoholic liquor for consumption off the licensed premises.
Wine used for the tasting must come from the specially designated
merchant's inventory, and all open bottles must be removed from the
premises on the same business day or resealed and stored in a
locked, separate storage compartment on the licensed premises when
not being used for the activities allowed by the permit.
(6) A manufacturer, wholesaler, outstate seller of wine, wine
maker, or salesperson is prohibited from conducting or
participating in wine tastings allowed by the permit created in
subsection (4).
(7) A wine tasting under subsection (4) may only be conducted
during the legal hours for sale of alcoholic liquor by the
licensee.
Sec. 1025. (1) A vendor shall not give away any alcoholic
liquor of any kind or description at any time in connection with
his or her business, except manufacturers for consumption on the
premises only.
(2) Subsection (1) does not prevent any of the following:
(a) A vendor of spirits, brewer, mixed spirit drink
manufacturer, wine maker, small wine maker, outstate seller of
beer, outstate seller of wine, or outstate seller of mixed spirit
drink, or a bona fide market research organization retained by 1 of
the persons named in this subsection, from conducting samplings or
tastings of an alcoholic liquor product before it is approved for
sale in this state, if the sampling or tasting is conducted
pursuant to prior written approval of the commission.
(b) A person from conducting of any sampling or tasting
authorized by section 537 or rule of the commission.
(c) A class A or B hotel designed to attract and accommodate
tourists and visitors in a resort area from giving away alcoholic
liquor to an invitee or guest in connection with a business event
or as a part of a room special or promotion for overnight
accommodations.
(3) A vendor shall not sell an alcoholic liquor to a person in
an intoxicated condition.