November 8, 2018, Introduced by Senator ROCCA 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 113 (MCL 436.1113), as amended by 2010 PA 213.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 113. (1) "Tasting room" means any of the following
locations:
(a) A location on the manufacturing premises of a brewer or
micro brewer where the brewer or micro brewer may provide samples
of or sell at retail for consumption on or off the premises, or
both, beer it manufactures.
(b) A location on or off the manufacturing premises of a wine
maker or small wine maker where the wine maker or small wine maker
may provide samples of or sell at retail for consumption on or off
the premises, or both, shiners, wine it manufactured, or, for a
small wine maker only, wine it bottled.
(c) A location on or off the manufacturing premises of a
distiller or small distiller where the distiller or small distiller
may provide samples of or sell at retail for consumption on or off
the premises, or both, spirits it manufactured.
(d) A location on the manufacturing premises of a mixed spirit
drink manufacturer where the mixed spirit drink manufacturer may
provide samples of or sell at retail for consumption on or off the
premises, or both, mixed spirit drinks it manufactured.
(e) A location on or off the manufacturing premises of a
brandy manufacturer where the brandy manufacturer may provide
samples of or sell at retail for consumption on or off the
premises, or both, brandy it manufactured.
(2)
(1) "Tavern" means any place licensed to sell
at retail
beer and wine for consumption on the premises only.
(3) (2)
"Vehicle" means any means
of transportation by land,
by water, or by air.
(4) (3)
"Vendor" means a person
licensed by the commission to
sell alcoholic liquor.
(5) (4)
"Vendor of spirits" means
a person selling spirits to
the commission.
(6) (5)
"Warehouse" means a
premises or place primarily
constructed, used, or provided with facilities for the storage in
transit or other temporary storage of perishable goods or for the
conduct of a warehousing business, or for both.
(7) (6)
"Warehouser" means a
licensee authorized by the
commission to store alcoholic beverages, but prohibited from making
sales or deliveries to retailers unless the licensee is also the
holder of a wholesaler or manufacturer license issued by the
commission.
(8) (7)
"Wholesaler" means a
person who is licensed by the
commission and sells beer, wine, or mixed spirit drink only to
retailers or other licensees, and who sells sacramental wine as
provided in section 301. A wholesaler includes a person who may
also act as a master distributor unless prohibited from doing so by
its supplier or manufacturer in a written agreement required by
either section 305(3)(i) or 403(3)(i) and, by mutual agreement with
an outstate seller of beer or wine, can be authorized by the
outstate seller of beer or wine to do, in the manner prescribed by
the commission, either or both of the following:
(a)
Register with the this state of Michigan the labels of the
outstate seller of beer or wine.
(b) On behalf of the outstate seller of beer or wine, collect
excise
taxes levied by the this state of Michigan and remit the
taxes to the commission.
(9) (8)
"Wine" means the product
made by the normal alcoholic
fermentation of the juice of sound, ripe grapes, or any other fruit
with the usual cellar treatment, and containing not more than 21%
of alcohol by volume, including cider made from apples or pears, or
both, which contains at least 1/2 of 1% of alcohol by volume, or
mead or honey wine made from honey, fermented fruit juices other
than grapes, and mixed wine drinks.
(10) (9)
"Wine maker" means any
person licensed by the
commission to manufacture wine and to sell that wine to a
wholesaler, to a consumer by direct shipment, at retail on the
licensed winery premises, to sell that wine to a retailer, and as
provided for in section 537.
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. 1166.
(g) Senate Bill No. 1155.
(h) Senate Bill No._1161.