September 15, 2016, Introduced by Reps. Darany, Kosowski, Santana and Yanez 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 547 (MCL 436.1547), as added by 2011 PA 20.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 547. (1) As used in this section:
(a) "Private event" means an event where no consideration, as
defined in section 913, is paid by the guests.
(b) "Catering permit" means a permit issued by the commission
to a specially designated distributor, specially designated
merchant, or holder of a public on-premises license for the sale of
beer,
wine, or spirits, or any combination thereof, of beer, wine,
or spirits, that is also licensed as a food service establishment
or
retail food establishment under the food law, of 2000, 2000 PA
92, MCL 289.1101 to 289.8111, which permit authorizes the permit
holder to sell and deliver beer, wine, and spirits in the original
sealed container to a person for off-premises consumption but only
if the sale is not by the glass or drink and the permit holder
serves the beer, wine, or spirits. The permit does not allow the
permit holder to deliver, but not serve, the beer, wine, or
spirits.
(2)
Spirits sold by a A specially designated distributor,
specially designated merchant, or on-premises licensee under a
catering
permit shall not be sold sell
spirits at less than the
minimum retail selling price fixed by the commission, including
under rules promulgated by the commission for specially designated
distributors under section 229.
(3) The commission may issue a catering permit to a specially
designated distributor, specially designated merchant, or public
on-premises licensee, as a supplement to that license, to allow the
sale and delivery of beer, wine, or spirits in the original sealed
container at locations other than the licensed premises and to
require the catering permit holder to serve beer, wine, or spirits
at
the a private event where the alcoholic liquor is not
resold to
guests. The commission may issue a catering permit without the
approval of the local legislative body in which a private event is
to be conducted. The commission shall not issue a catering permit
to an applicant who delivers beer, wine, or spirits but does not
serve the beer, wine, or spirits.
(4) This section does not limit the number of catering permits
the commission may issue within any local unit of government.
(5) This section does not prevent a catering permit holder
from using the catering permit at multiple locations and events
during the same time period. The commission shall not require the
holder of a catering permit to pay additional fees under subsection
(7) if the holder of the catering permit uses the catering permit
at multiple locations and events.
(6) This section does not prohibit a catering permit holder
from selling beer, wine, or spirits to a person who has obtained a
special license if that catering permit holder serves the beer,
wine, or spirits and complies with all catering permit rules
promulgated by the commission.
(7) An applicant for a catering permit shall apply on a form
approved and provided by the commission and pay an application and
processing fee of $70.00 and a catering permit fee of $100.00 on
the issuance of the catering permit. The applicant shall also pay
the catering permit fee on renewal of the specially designated
distributor, specially designated merchant, or on-premises
licensee.
(8) The person delivering the beer, wine, or spirits under a
catering permit shall verify that the individual accepting delivery
is
at least 21 years of age. The catering permit holder may utilize
use a third party that provides delivery service to municipalities
in this state that are surrounded by water and inaccessible by
motor vehicle to deliver beer, wine, or spirits to the designated
location
of the a private event if the delivery service is approved
by the commission and agrees to verify that the individual
accepting delivery of the beer, wine, or spirits is at least 21
years of age.
(9) A catering permit holder providing the service, or an
employee
of the catering permit holder, shall must successfully
complete a server training program approved by the commission
before providing the service.
(10) A catering permit holder delivering the beer, wine, or
spirits, or an employee of the catering permit holder, shall have
in his or her possession while delivering the beer, wine, or
spirits documentation demonstrating that the beer, wine, or spirits
being delivered are for a private event being conducted under this
section.
(11) A catering permit holder who prepares food or drink for
direct consumption through service on the premises or elsewhere
shall comply with the requirements for food service establishments
under
the food law, of 2000, 2000 PA 92, MCL 289.1101 to
289.8111.
(12) A catering permit holder is subject to all sanctions,
liabilities, and penalties provided under this act or under law.