June 12, 2018, Introduced by Senator HANSEN 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 415 (MCL 436.1415), as added by 2013 PA 100.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 415. (1) Subject to the limitations provided under this
section, the commission may issue a farmer's market permit to a
qualified small wine maker. Regardless of the location of the
qualified small wine maker, the commission shall only issue 1
farmer's market permit in a county where the farmer's market is
located for each 1,500 of population or fraction of 1,500 in that
county as determined by the last federal decennial census, by a
special
census pursuant to under section 6 of the home rule city
act, 1909 PA 279, MCL 117.6, or section 7 of the Glenn Steil state
revenue sharing act of 1971, 1971 PA 140, MCL 141.907, or by the
latest census and corrections published by the United States
department
of commerce, bureau of the census, Department
of
Commerce, Bureau of the Census, whichever is later. The holder of a
farmer's market permit may conduct tastings and sell, at retail at
a farmer's market, the wine produced by that qualified small wine
maker.
(2) The commission shall charge a fee for a farmer's market
permit of $25.00 for each farmer's market location. A farmer's
market permit issued under this section is nontransferable.
Notwithstanding the quota provision under subsection (1), the
commission shall not limit the number of permits a qualified small
wine maker obtains under this section, but an application for a
farmer's market permit shall only contain up to 5 separate
locations at 1 time. Section 503 does not apply to the application
or issuance of a permit under this section or to the location of a
farmer's market where the holder of a farmer's market permit
intends to participate under this section.
(3) The commission shall not issue a farmer's market permit
under this section unless the applicant provides documentation, in
a manner prescribed by the commission, that the local police agency
where the farmer's market is located and the farmer's market
manager at that location have approved the proposed activity.
(4) The tastings and sales performed under a farmer's market
permit
shall must be limited to an exclusive area that is well
defined and clearly marked, in a manner prescribed by the
commission, that is under the control of the holder of the farmer's
market permit, as verified by the farmer's market manager.
(5) The tastings and sales performed under a farmer's market
permit
shall must be conducted by employees of the holder of the
farmer's market permit who have completed a server training program
as provided for in section 906 and the rules promulgated by the
commission.
(6)
The wine sold or used for tastings shall must be furnished
from the stock of the holder of the farmer's market permit and
removed from the farmer's market premises immediately after the
farmer's market has concluded.
(7)
Tasting samples provided to a customer shall must not
exceed 3 servings of not more than 2 ounces of wine in a 24-hour
period of time.
(8) The commission shall develop an application for an annual
farmer's market permit allowing for licensed activities under this
section. A farmer's market manager shall verify on the application
that the location listed on the application qualifies as a farmer's
market under this section.
(9)
A wholesaler shall not conduct or participate in any an
event allowed by this section.
(10) A holder of a farmer's market permit is considered a
manufacturer as provided under section 603(15)(a).
(11)
Two years after the enactment effective
date of the 2018
amendatory
act that added this section, amended
this subsection,
the commission shall submit a report to the standing committees of
the senate and house of representatives concerned with issues
involving liquor control and the house and senate fiscal agencies
assessing the continued issuance of farmer's market permits to
qualified
small wine makers. The report shall must include, at a
minimum, all of the following:
(a) The number of applications received each year for a
farmer's market permit.
(b) The number of farmer's market permit applications approved
each year.
(c) The number of farmer's market permit applications approved
in each county.
(12) As used in this section:
(a) "Farmer's market" means a group of farmers or their
designees or a variety of vendors, as determined by the farmer's
market manager or his or her designee, who assembles on a recurring
basis at a defined community sponsored or municipally sponsored
location for the purposes of selling, directly to a consumer, food
and products produced by those farmers or their representatives.
(b) "Farmer's market manager" means the person responsible for
enforcing the market policy and for the daily operation and
management of the farmer's market.
(c) "Farmer's market permit" means an annual permit issued as
part of an approved license to a qualified small wine maker
allowing that person to conduct tastings and sell at retail, for
consumption off the licensed premises, at a farmer's market, wine
produced by the qualified small wine maker.
(d) "Qualified small wine maker" means a small wine maker, or
an out-of-state entity that is the substantial equivalent of a
small
wine maker, that manufactures or bottles not more than 5,000
15,000 gallons of wine in 1 calendar year.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.