HB-4709, As Passed Senate, March 12, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4709

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 109 (MCL 436.1109), as amended by 2010 PA 213.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 109. (1) "Manufacturer" means a person engaged in the

manufacture of alcoholic liquor, including, but not limited to, a

distiller, a rectifier, a wine maker, and a brewer.

     (2) "Master distributor" means a wholesaler who that acts in

the same or similar capacity as a brewer, wine maker, outstate

seller of wine, or outstate seller of beer for a brand or brands of

beer or wine to other wholesalers on a regular basis in the normal

course of business.

     (3) "Micro brewer" means a brewer that produces in total less

than 30,000 60,000 barrels of beer per year and that may sell the

beer produced to consumers at the licensed brewery premises for

consumption on or off the licensed brewery premises and to

retailers as provided in section 203. In determining the 30,000-

barrel 60,000-barrel threshold, all brands and labels of a brewer,

whether brewed in this state or outside this state, shall be

combined and all facilities for the production of beer that are

owned or controlled by the same person shall be treated as a single

facility.

     (4) "Minor" means a person an individual less than 21 years of

age.

     (5) "Mixed spirit drink" means a drink produced and packaged

or sold by a mixed spirit drink manufacturer or an outstate seller

of mixed spirit drink which that contains 10% or less alcohol by

volume consisting of distilled spirits mixed with nonalcoholic

beverages or flavoring or coloring materials and which that may

also contain 1 or more of the following:

     (a) Water.

     (b) Fruit juices.

     (c) Fruit adjuncts.

     (d) Sugar.

     (e) Carbon dioxide.

     (f) Preservatives.

     (6) "Mixed spirit drink manufacturer" means any person

licensed under this act to manufacture mixed spirit drink in this

state and to sell mixed spirit drink to a wholesaler. For purposes

of rules promulgated by the commission, a mixed spirit drink

manufacturer shall be treated as a wine manufacturer but is subject

to the rules applicable to spirits for purposes of manufacturing

and labeling.

     (7) "Mixed wine drink" means a drink or similar product

marketed as a wine cooler and containing that contains less than 7%

alcohol by volume, consisting consists of wine and plain,

sparkling, or carbonated water, and containing contains any 1 or

more of the following:

     (a) Nonalcoholic beverages.

     (b) Flavoring.

     (c) Coloring materials.

     (d) Fruit juices.

     (e) Fruit adjuncts.

     (f) Sugar.

     (g) Carbon dioxide.

     (h) Preservatives.

     (8) "Outstate seller of beer" means a person licensed by the

commission to sell beer which that has not been manufactured in

this state to a wholesaler in this state in accordance with rules

promulgated by the commission.

     (9) "Outstate seller of mixed spirit drink" means a person

licensed by the commission to sell mixed spirit drink which that

has not been manufactured in this state to a wholesaler in this

state in accordance with rules promulgated by the commission. For

purposes of rules promulgated by the commission, an outstate seller

of mixed spirit drink shall be treated as an outstate seller of

wine but is subject to the rules applicable to spirits for purposes

of manufacturing and labeling.

     (10) "Outstate seller of wine" means a person licensed by the

commission to sell wine which that has not been manufactured in

this state to a wholesaler in this state in accordance with rules

promulgated by the commission and to sell sacramental wine as

provided in section 301.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

     (a) Senate Bill No. 504.

     (b) Senate Bill No. 505.

     (c) Senate Bill No. 506.

     (d) Senate Bill No. 507.

     (e) Senate Bill No. 650.

     (f) House Bill No. 4710.

     (g) House Bill No. 4711.