SB-1166, As Passed Senate, November 29, 2018
SUBSTITUTE FOR
SENATE BILL NO. 1166
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 111 (MCL 436.1111), as amended by 2010 PA 213.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 111. (1) "Person" means an individual, firm, partnership,
limited partnership, association, limited liability company, or
corporation.
(2) "Primary source of supply" means, in the case of domestic
spirits, the distiller, producer, owner of the commodity at the
time it becomes a marketable product, or bottler, or the exclusive
agent
of any such person the
distiller, producer, owner of the
commodity at the time it becomes a marketable product, or bottler,
and, in the case of spirits imported into the United States, either
the foreign distiller, producer, owner of the bottler, or the prime
importer for, or the exclusive agent in the United States of, the
foreign distiller, producer, owner, or the bottler.
(3) "Professional account" means an account established for a
person by a class C licensee or tavern licensee whose major
business is the sale of food, by which the licensee extends credit
to the person for not more than 30 days.
(4) "Residence" means the premises in which a person resides
permanently.
(5) "Restaurant" means a food service establishment defined
and licensed under the food law, 2000 PA 92, MCL 289.1101 to
289.8111. A restaurant that does not hold a license issued by the
commission under this act shall not manufacture, market, deliver,
or sell alcoholic liquor in this state.
(6) (5)
"Retailer" means a person
licensed by the commission
who sells to the consumer in accordance with rules promulgated by
the commission. Retailer includes a brewpub but does not include a
manufacturer or supplier, as defined in section 603, that is
allowed as a condition of its license to sell to consumers in this
state.
(7) (6)
"Sacramental wine" means
wine containing not more than
24%
of alcohol by volume which that
is used for sacramental
purposes.
(8) (7)
"Sale" includes the
exchange, barter, traffic,
furnishing, delivery, or giving away of alcoholic liquor. In the
case of a sale in which a shipment or delivery of alcoholic liquor
is made by a common or other carrier, the sale of the alcoholic
liquor is considered to be made in the county within which the
delivery of the alcoholic liquor is made by that carrier to the
consignee or his or her agent or employee, and venue for the
prosecution for that sale may be in the county or city where the
seller resides or from which the shipment is made or at the place
of delivery.
(9) (8)
"School" includes
buildings used for school purposes
to provide instruction to children in grades kindergarten through
12,
when if that instruction is provided by a public, private,
denominational, or parochial school, except those buildings used
primarily for adult education or college extension courses. School
does not include a proprietary trade or occupational school.
(10) "Shiner" means an unlabeled, sealed container of wine,
including a keg, that is sold by a wine maker, small wine maker, or
out-of-state entity that is the substantial equivalent of a wine
maker or small wine maker to another wine maker, small wine maker,
or out-of-state entity that is the substantial equivalent of a wine
maker or small wine maker. The purchasing wine maker or small wine
maker must attach a label to the container using equipment owned or
leased by the purchasing wine maker or small wine maker, register
the wine label with the commission, and sell it as provided for in
this act.
(11) (9)
"Small distiller" means a
manufacturer of spirits
annually
manufacturing in Michigan this
state not exceeding more
than 60,000 gallons of spirits, of all brands combined.
(12) (10)
"Small wine maker" means
a wine maker manufacturing
or bottling not more than 50,000 gallons of wine in 1 calendar
year. A small wine maker is not required to bottle wine it
manufactures.
(13) (11)
"Special license" means a
contract between the
commission and the special licensee granting authority to that
licensee to sell beer, wine, mixed spirit drink, or spirits. The
license
shall must be granted only to such persons and such
organization
and for such period of time as the commission shall
determine
so long as determines if the person or organization is
able to demonstrate an existence separate from an affiliated
umbrella organization. If such an existence is demonstrated, the
commission shall not deny a special license solely by the
applicant's affiliation with an organization that is also eligible
for a special license.
(14) (12)
"Specially designated distributor"
means, subject to
section 534, a person engaged in an established business licensed
by the commission to distribute spirits and mixed spirit drink in
the original package for the commission for consumption off the
premises.
(15) (13)
"Specially designated
merchant" means a person to
whom the commission grants a license to sell beer or wine, or both,
at retail for consumption off the licensed premises.
(16) (14)
"Spirits" means a
beverage that contains alcohol
obtained by distillation, mixed with potable water or other
substances, or both, in solution, and includes wine containing an
alcoholic content of more than 21% by volume, except sacramental
wine and mixed spirit drink.
(17) (15)
"State liquor store"
means a store established by
the commission under this act for the sale of spirits in the
original package for consumption off the premises.
(18) (16)
"Supplier of spirits"
means a vendor of spirits, a
manufacturer of spirits, or a primary source of supply.
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. 1154.
(b) Senate Bill No. 1164.
(c) Senate Bill No. 1165.
(d) Senate Bill No. 1160.
(e) Senate Bill No. 1159.
(f) Senate Bill No. 1155.
(g) Senate Bill No. 1161.
(h) Senate Bill No. 1156.