Bill Text: MI HB4378 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Liquor; licenses; "catering permit" for on-premises licensees to serve alcohol at locations other than the licensed premises under certain circumstances; provide for. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 547.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Introduced - Dead) 2011-03-08 - Printed Bill Filed 03/04/2011 [HB4378 Detail]
Download: Michigan-2011-HB4378-Introduced.html
HOUSE BILL No. 4378
March 3, 2011, Introduced by Reps. Gilbert, Horn, Lyons, Rendon, Yonker, Hughes, Shirkey, Foster, Irwin and Roy Schmidt and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 547.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 547. (1) As used in this section:
(a) "Private event" means an event where no consideration, as
defined in section 913(5), is paid by the guests.
(b) "Catering permit" means a permit issued by the commission
to a holder of a public on-premises license for the sale of beer,
wine, or spirits, or any combination thereof, and that is also
licensed as a food service establishment under the food law of
2000, 2000 PA 92, MCL 289.1101 to 289.8111, which permit authorizes
the permit holder to sell and deliver beer, wine, and spirits in
the original sealed container to a person for off-premises
consumption but only if the sale is not by the glass or drink and
the permit holder provides the service of the beer, wine, or
spirits. The permit does not allow the permit holder to deliver,
but not serve, the beer, wine, or spirits.
(2) The commission may issue a catering permit to a public on-
premises licensee, as a supplement to that on-premises license, to
allow the sale and delivery of beer, wine, or spirits in the
original sealed container at locations other than the licensed
premises and to require the permit holder to provide for service of
beer, wine, or spirits at the private event where the alcoholic
liquor is not resold to guests. The commission shall not issue a
catering permit to an applicant whose food service establishment
delivers beer, wine, or spirits but does not provide for the
service of the beer, wine, or spirits.
(3) This section does not limit the number of catering permits
the commission may issue within any local unit of government.
(4) This section does not prevent the holder from using the
catering permit at multiple locations and events during the same
time period.
(5) Notwithstanding subsection (2), this section does not
prohibit a holder of a catering permit from selling beer, wine, or
spirits to a person who has obtained a special license under
section 527.
(6) An applicant for a catering permit shall apply on a form
approved and provided by the commission and pay an application and
processing fee of $70.00 and a catering permit fee of $100.00 at
the time of issuance. The on-premises licensee shall also pay the
catering permit fee at the time of renewal of the on-premises
license.
(7) The person delivering the beer, wine, or spirits shall
verify that the person accepting delivery is at least 21 years of
age. The catering permit holder may utilize a third party that
provides delivery service to municipalities in this state that are
surrounded by water and inaccessible by motor vehicle to deliver
beer, wine, or spirits to the designated location of the private
event so long as the delivery service is approved by the commission
and agrees to verify that the person accepting delivery of the
beer, wine, or spirits is at least 21 years of age.
(8) The catering permit holder providing the service, or an
employee of the catering permit holder, must have successfully
completed a server training program approved by the commission.
(9) The catering permit holder delivering the beer, wine, or
spirits, or an employee of the permit holder, shall have in his or
her possession while delivering the beer, wine, or spirits
documentation demonstrating that the beer, wine, or spirits being
delivered are for a private event being conducted pursuant to this
section.
(10) A holder of a catering permit is subject to all
sanctions, liabilities, and penalties provided under this act or
under law.
