SB-1154, As Passed Senate, November 29, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1154

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1998 PA 58, entitled

 

"Michigan liquor control code of 1998,"

 

by amending section 411 (MCL 436.1411), as amended by 2014 PA 44.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411. (1) Subject to the requirements of this section and

 

section 537, a brewer or micro brewer may sell beer it manufactured

 

for consumption on or off the premises at an approved tasting room

 

under section 536 if the tasting room is located on licensed

 

brewery premises where the brewer or micro brewer manufactures.

 

     (2) The sale of beer under subsection (1) is subject to all of

 

the following limitations:

 

     (a) A brewer that is not licensed as a micro brewer may sell

 

its beer for on-premises consumption at not more than 2 locations

 

approved tasting rooms in this state. that are on any of its

 


licensed brewery premises where the brewer engages in the

 

production of beer.

 

     (b) A licensed micro brewer that produces in total fewer than

 

30,000 barrels of beer per year may sell its beer for on-premises

 

consumption at any location of its approved tasting rooms in this

 

state. that is on any of its licensed brewery premises where the

 

micro brewer engages in the production of beer.

 

     (c) A licensed micro brewer that produces in total 30,000

 

barrels of beer or more per year may sell its beer for on-premises

 

consumption at not more than 3 locations approved tasting rooms in

 

this state. that are on any of its licensed brewery premises where

 

the micro brewer engages in the production of beer.

 

     (3) (2) Subject to the limitations in subsection (1), (2), if

 

a brewer or micro brewer has more than 1 licensed brewery premises,

 

that brewer or micro brewer may sell for on-premises consumption

 

beer that it has produced at 1 licensed brewery premises at an

 

approved tasting room located on any of its other licensed brewery

 

premises if 1 of the following requirements is met:

 

     (a) The licensed brewery premises that receives the beer, on

 

which the approved tasting room is located, has an installed and

 

functional multivessel system capable of producing and fermenting

 

at least 3 barrels of wort in a single batch.

 

     (b) The licensed brewery premises that receives the beer, on

 

which the approved tasting room is located, produces a volume of

 

beer equivalent to 50% of the volume of beer sold to consumers at

 

that tasting room.

 

     (c) The licensed brewery premises that receives the beer, on


which the approved tasting room is located, submitted an

 

application for licensure at that location before October 1, 2018.

 

     (d) The licensed brewery premises that receives the beer, on

 

which the approved tasting room is located, is a location that was

 

approved by the commission as a wine tasting room under section

 

537(4) before October 1, 2018 for which an application was received

 

after October 1, 2018 to transfer the wine tasting room to the same

 

person who is applying for a micro brewer license at this location.

 

The application for licensure as a micro brewer at this location

 

must have been submitted before January 30, 2019 and the wine

 

tasting room location must be actively operated at the time the

 

micro brewer license is issued.

 

     (3) As used in this section, "engages in the production of

 

beer" means the full and complete brewing process and not just a

 

portion of the brewing process.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 1155.

 

     (b) Senate Bill No. 1156.

 

     (c) Senate Bill No. 1159.

 

     (d) Senate Bill No. 1160.

 

     (e) Senate Bill No. 1161.

 

     (f) Senate Bill No. 1164.

 

     (g) Senate Bill No. 1165.

 

     (h) Senate Bill No. 1166.