March 17, 2016, Introduced by Reps. Plawecki, Liberati, Wittenberg, Cochran, Hoadley, Chirkun, Dianda, Love and Greig and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 1021 (MCL 436.2021), as amended by 2013 PA 235.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1021. (1) The commission shall not require a licensee to
sell or serve food to a purchaser of alcoholic liquor. The
commission shall not require a class A hotel or class B hotel to
provide food services to registered guests or to the public.
(2) Except as otherwise provided in section 537(14) and
subsection (3), a purchaser shall not remove alcoholic liquor sold
by a vendor for consumption on the premises from those premises.
(3) A vendor licensed to sell wine on the premises may allow
an individual who has purchased a meal and who has purchased and
partially consumed a bottle of wine with the meal, to remove the
partially
consumed bottle from the premises upon on departure. This
subsection does not allow the removal of any additional unopened
bottles of wine unless the vendor is licensed as a specially
designated merchant. The licensee or the licensee's clerk, agent,
or employee shall cap the bottle or reinsert a cork so that the top
of the cork is level with the lip of the bottle. The transportation
or
possession of the partially consumed bottle of wine shall must
be in compliance with section 624a of the Michigan vehicle code,
1949 PA 300, MCL 257.624a.
(4) This act and rules promulgated under this act do not
prevent a class A or B hotel designed to attract and accommodate
tourists and visitors in a resort area from allowing its invitees
or guests to possess or consume, or both, on or about its premises
alcoholic liquor purchased by the invitee or guest from an off-
premises retailer and does not prevent a guest or invitee from
entering and exiting the licensed premises with alcoholic liquor
purchased from an off-premises retailer.
(5) Notwithstanding section 901(6), an on-premises licensee
may, in a manner as determined by that licensee, allow for the
consumption of wine that is produced by a wine maker, a small wine
maker, or an out-of-state entity that is the substantial equivalent
of a wine maker or small wine maker and that is brought into the
licensed premises in its original sealed container by a consumer
who is not prohibited under this act from possessing wine. The
licensee shall not allow the consumer to remove a partially
consumed bottle of wine brought by the consumer unless the licensee
or the licensee's clerk, agent, or employee caps the bottle or
reinserts the cork so that the top of the cork is level with the
lip of the bottle. The licensee may charge a corkage fee for each
bottle of wine brought by the consumer and opened on the premises
by the licensee or the licensee's clerk, agent, or employee. This
subsection does not exempt the licensee or the consumer from any
other applicable requirements, responsibilities, or sanctions
imposed under this act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5485 (request no.
03476'15) of the 98th Legislature is enacted into law.