SAMPLING OF HOME BREWED BEER

AT BREW PUBS & MICRO BREWERIES

House Bill 4061

Sponsor:  Rep. Douglas Geiss

Committee:  Regulatory Reform

Complete to 6-7-11

A SUMMARY OF HOUSE BILL 4061 AS INTRODUCED 1-13-11

Currently, the sampling and tasting of alcoholic liquor for a commercial purpose is only allowed on a premise that is licensed by the Liquor Control Commission (LCC) for the sale and consumption of alcoholic liquor. 

House Bill 4061 would amend Section 1027 of the Liquor Control Code (MCL 436.2027) to allow a micro brewer or brew pub to provide samples of beer on the licensed premise that has been produced by one or more home brewers, if the samples are provided at a meeting of home brewers or at a club composed primarily of home brewers, provided they meet the following conditions:

o                   The sampling is for the purpose of exhibitions or competitions involving home brewers.

o                   The beer is served in portions no larger than six ounces.

o                   No beer is sold to members of the general public.

o                   The participants comply with applicable state and federal law and regulatory provisions and rules adopted by the LCC under the Liquor Code.

Home Brewer is defined in the act as "a person manufacturing beer at his or her home or farm, if the beer is to be consumed, free of consideration to those persons consuming the beer [in the manner described above] by that person, or by that person's family and guests."

FISCAL IMPACT:

If the bill were to allow home brewers to remove their product from their home and allow their product to be consumed at licensed microbreweries and brewpubs and still allow home brewers to remain "excepted" from the Liquor Control Code under Section 207, the bill would have no state or local fiscal impact.  The Liquor Control Commission would enforce this provision, as it does other provisions of the Code, although enforcement could prove to be difficult for the agency.

                                                                                           Legislative Analyst:   Jeff Stoutenburg

                                                                                                  Fiscal Analyst:   Mark Wolf

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.