SB-0356, As Passed House, October 3, 2017

SB-0356, As Passed Senate, September 27, 2017

SENATE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

SENATE BILL NO. 356

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

(MCL 436.1101 to 436.2303) by adding section 502.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 502. (1) Subject to subsection (3), the commission shall

issue a salesperson license to an individual who is a designated

employee of any of the following persons:

     (a) A manufacturer of beer.

     (b) A manufacturer of wine.

     (c) A manufacturer of mixed spirit drink.

     (d) An outstate seller of beer.

     (e) An outstate seller of wine.

     (f) An outstate seller of mixed spirit drink.

     (g) A wholesaler.

     (h) A broker that represents 1 or more persons described in

subdivisions (a) to (g).

     (i) A broker described in subdivision (h) that also represents

1 or more of the following persons:

     (i) A vendor of spirits.

     (ii) A manufacturer of spirits.

     (j) A vendor of spirits.

     (k) A manufacturer of spirits.

     (l) A broker that represents only 1 or more of the following:

     (i) A vendor of spirits.

     (ii) A manufacturer of spirits.

     (2) A salesperson license issued under this section after the

effective date of the amendatory act that added this section but

before April 30, 2020 expires on April 30, 2020. A salesperson

license issued under this section is renewable every 3 years with

the first triennial renewal cycle beginning May 1, 2020. The

commission may charge a reasonable initial license fee and

triennial renewal fee. The commission shall establish a fee under

this section by written order. The nonrefundable inspection fee

under section 529(4) is not required for an application for a new

salesperson license or transfer of a salesperson license. A

salesperson license issued or renewed under R 436.1853 of the

Michigan Administrative Code expires on the earlier of the

following dates:

     (a) Three years after the date of the issuance or renewal.

     (b) April 30, 2020.

     (3) The commission shall not impose any other requirement or

consider any other factor beyond the accreditation required in this

section for issuance or renewal of a salesperson license. Except as

otherwise provided in this subsection, the commission shall not

issue a salesperson license under this section unless the applicant

submits with his or her application written documentation that the

applicant has successfully completed a salesperson accreditation

program. Except as otherwise provided in this subsection, the

commission shall not renew a salesperson license issued under this

section or under R 436.1853 of the Michigan Administrative Code

unless the licensee submits with his or her application proof

acceptable to the commission that the licensee has successfully

completed a salesperson accreditation program no more than 120 days

before the date the licensee submits his or her renewal

application. An applicant's completion of a salesperson

accreditation program is not a condition for issuance or renewal of

a salesperson license for any of the following applicants:

     (a) A designated employee of a manufacturer of spirits.

     (b) A designated employee of a vendor of spirits.

     (c) A designated employee of a broker described in subsection

(1)(l).

     (4) Except as provided in subsection (5), an individual shall

not sell, deliver, promote, or otherwise assist in the sale of

alcoholic liquor in any manner to a retailer in this state unless

licensed under this section or under R 436.1853 of the Michigan

Administrative Code. An individual licensed as a salesperson under

R 436.1853 of the Michigan Administrative Code before the effective

date of the amendatory act that added this section shall comply

with the requirements of this section on renewal of his or her

salesperson license, application for a subsequent salesperson

license under a different employer, or a request to transfer his or

her salesperson license to a different employer.

     (5) This section does not require an individual who is at

least 18 years of age and who only does any of the following to be

licensed as a salesperson:

     (a) Builds a display of those brands that are represented or

sold by the individual's employer for an off-premises retailer.

     (b) Marks the price on those brands that are represented or

sold by the individual's employer for an off-premises retailer.

     (c) Rotates brands that are represented or sold by the

individual's employer for an off-premises retailer.

     (d) Places brands that are represented or sold by the

individual's employer on shelves for an off-premises retailer.

     (e) For an individual who holds a Michigan commercial driver

license or chauffeur's license, transports, in a vehicle licensed

by the commission under section 525, and delivers alcoholic liquor

to a retailer.

     (6) The commission shall approve a salesperson license

accreditation program designed for salesperson licensees if the

commission determines that the program's curriculum includes an

understanding of all of the following:

     (a) Section 609.

     (b) Section 609a.

     (c) Section 609b.

     (d) The provisions of section 1013 that require the sale or

purchase of alcoholic liquor by a licensee for cash only.

     (e) R 436.1315 of the Michigan Administrative Code.

     (f) R 436.1319 of the Michigan Administrative Code.

     (g) R 436.1726 of the Michigan Administrative Code.

     (h) The commission's order for on-premises brand promotions

issued October 27, 1999.

     (i) Product adjustments as provided for in this act.

     (7) A person described in subsection (1)(a) to (g) or a

qualified trade association may apply to the commission for

qualification as an administrator for the offering of a salesperson

accreditation program.

     (8) On approval of a salesperson accreditation program under

subsection (6), the commission shall appoint the person or

qualified trade association sponsoring the salesperson

accreditation program as administrator of that program.

     (9) As used in this section:

     (a) "Administrator" means a person described in subsection

(1)(a) to (g) or a qualified trade association authorized by the

commission to offer salesperson accreditation programs.

     (b) "Broker" means that term as defined in R 436.1001 of the

Michigan Administrative Code.

     (c) "Designated employee" means an individual who sells,

delivers, promotes, or otherwise assists in the sale of alcoholic

liquor.

     (d) "Qualified trade association" means a trade association

that represents a person described in subsection (1)(a) to (g) that

employs individuals to act as salespersons.

     (e) "Salesperson accreditation program" means a program that

the commission approves under subsection (6) and that is offered by

an administrator.

     Enacting section 1. This amendatory act takes effect 180 days

after the date it is enacted into law.