June 22, 2005, Introduced by Senators KUIPERS, McMANUS, JACOBS, JELINEK and HAMMERSTROM and referred to the Committee on Government Operations.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 111 (MCL 436.1111).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 111. (1) "Person" means an individual, firm, partnership,
limited partnership, association, limited liability company, or
corporation.
(2) "Primary source of supply" means, in the case of domestic
spirits, the distiller, producer, owner of the commodity at the
time it becomes a marketable product, or bottler, or the exclusive
agent of any such person and, in the case of spirits imported into
the United States, either the foreign distiller, producer, owner of
the bottler, or the prime importer for, or the exclusive agent in
the United States of, the foreign distiller, producer, owner, or
the bottler.
(3) "Professional account" means an account established for a
person by a class C licensee or tavern licensee whose major
business is the sale of food, by which the licensee extends credit
to the person for not more than 30 days.
(4) "Residence" means the premises in which a person resides
permanently.
(5) "Retail customer" means an individual who directly
purchases wine from a direct shipper for his or her personal use
and not for resale.
(6) (5)
"Retailer" means a person licensed by the
commission
who sells to the consumer in accordance with rules promulgated by
the commission.
(7) (6)
"Sacramental wine" means wine containing
not more
than 24% of alcohol by volume which is used for sacramental
purposes.
(8) (7)
"Sale" includes the exchange, barter, traffic,
furnishing, or giving away of alcoholic liquor. In the case of a
sale in which a shipment or delivery of alcoholic liquor is made by
a common or other carrier, the sale of the alcoholic liquor is
considered to be made in the county within which the delivery of
the alcoholic liquor is made by that carrier to the consignee or
his or her agent or employee, and venue for the prosecution for
that sale may be in the county or city where the seller resides or
from which the shipment is made or at the place of delivery.
(9) (8)
"School" includes buildings used for
school purposes
to provide instruction to children in grades kindergarten through
12, when that instruction is provided by a public, private,
denominational, or parochial school, except those buildings used
primarily for adult education or college extension courses. School
does not include a proprietary trade or occupational school.
(10) (9)
"Small wine maker" means a wine maker
manufacturing
or bottling not more than 50,000 gallons of wine in 1 calendar
year.
(11) (10)
"Special license" means a contract between
the
commission and the special licensee granting authority to that
licensee to sell beer, wine, mixed spirit drink, or spirits. The
license shall be granted only to such persons and such organization
and for such period of time as the commission shall determine so
long as the person or organization is able to demonstrate an
existence separate from an affiliated umbrella organization. If
such an existence is demonstrated, the commission shall not deny a
special license solely by the applicant's affiliation with an
organization that is also eligible for a special license.
(12) (11)
"Specially designated distributor" means a
person
engaged in an established business licensed by the commission to
distribute spirits and mixed spirit drink in the original package
for the commission for consumption off the premises.
(13) (12)
"Specially designated merchant" means a
person to
whom the commission grants a license to sell beer or wine, or both,
at retail for consumption off the licensed premises.
(14) (13)
"Spirits" means a beverage that contains
alcohol
obtained by distillation, mixed with potable water or other
substances, or both, in solution, and includes wine containing an
alcoholic content of more than 21% by volume, except sacramental
wine and mixed spirit drink.
(15) (14)
"State liquor store" means a store
established by
the commission under this act for the sale of spirits in the
original package for consumption off the premises.
(16) (15)
"Supplier of spirits" means a vendor of
spirits, a
manufacturer of spirits, or a primary source of supply.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 625.
(b) Senate Bill No. 628
(c) Senate Bill No. 626.